540 Amendments of Milan CABRNOCH
Amendment 3 #
2013/2093(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that retailers are offering diverse and modern ways of purchasing and selling goods and services which contribute to wider consumer choice and flexible employment opportunities, in particular for youth and long term unemployed;
Amendment 6 #
2013/2093(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the importance of addressing the mismatch between labour force skills and the requirements of the retail sector, with special emphasis on countries with high levels of youth unemployment rate; so as to enhance employability, especially of young people, the long-term unemployed, older workers and the disabled, as well as to consider the need to update skills frequently in order to allow employees to take on new tasks resulting from innovation and better respond to labour market needs;
Amendment 16 #
2013/2093(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for increased support for and encouragement of innovative SMEs that address new market needs and promote environmentally friendly activin order to increase the competitiveness of the EU retail sector, drive down prices for consumers, improve service quality and create new job opportunities;
Amendment 20 #
2013/2093(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes important new trends that enhance efficiency in the provision of retail services and encourages the support of such developments, including in the framework of the Digital Single Market particularly its cross-border development; calls for additional support for smaller retailers as they are generally less able to keep up with changing technologies;
Amendment 28 #
2013/2093(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that retail market legislation should be more thoroughly evidence based, particularly as regards the need to adequately examine and understand the impact of legislation on small businesses;
Amendment 29 #
2013/2093(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for actions- at EU and national level- to remove any unnecessary regulatory restrictions and administrative barriers that may limit growth, innovation and job creation in these sectors;
Amendment 41 #
2013/0124(COD)
Proposal for a directive
Recital 5
Recital 5
(5) However, the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement. They still suffer from discrimination on the grounds of nationality and, with regard to frontier workers, from discrimination based on residence, when moving across European Union borders of the Member States. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed.
Amendment 43 #
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 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 68 #
2013/0124(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Protection against discrimination based on the grounds of nationality would itself be strengthened by the existence of independent and effective organisations in each Member State with competence to promote equal treatment, to analyse the problems involved in citizen's cases, to study possible solutions and to provide specific assistance to EUnion workers exercising their right to free movement.
Amendment 69 #
2013/0124(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It is up to each Member State to decide whetherMember States are encouraged to attribute the tasks referred to in Article 5 of this Directive are attributed to an already existing bodyequality body designated in accordance with Article 13 of Directive 2000/43/EC or covering a wider range of discrimination grounds. In the case the tasks under Article 5 will be covered by expanding the mandate of an already existing body or structure, the Member State should ensure allocation of sufficient additional resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer.
Amendment 77 #
2013/0124(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should promote dialogue with social partners and non- governmental organisations and between social partners to address and combat different forms of discrimination on the grounds of nationality.
Amendment 85 #
2013/0124(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Member States should provide, on a request basis, information on EU rights on free movement to its own citizens who wish to enjoy the right to freely move to another Member State. In facilitating the smooth flow and exchange of information Member States are encouraged to make use of the European network of national contact points.
Amendment 88 #
2013/0124(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Member States should establish how employers, workers and other people can be provided with easily accessible, relevant information on the provisions of this Directive and the relevant provisions of Regulation (EU) No 492/2011Regulation (EU) No 492/2011, including information on the institutions to which the tasks referred to in Article 5 are attributed. This information should also be easily accessible through Your Europe and EURES.
Amendment 94 #
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 workerEU workers working in another Member States 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 96 #
2013/0124(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Member States should also adopt laws, regulations and administrative provisions necessary to remove any kind of discrimination and/or obstacle to equal treatment and free movement, as set under Article 2.
Amendment 126 #
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, including frontier workers and members of their families who consider they have suffered or are suffering from unjustified restrictions 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 143 #
2013/0124(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law and practices, a legitimate interest in ensuring that the provisions of this Directive are complied with, mayhave the right to engage, either 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 TreatyTFEU and Articles 1 to 10 of Regulation (EU) No 492/2011.
Amendment 149 #
2013/0124(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall designate a structure, a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies. These bodies may form part of agencexisting agencies or bodies at a national level with similar objectives but covering a wider range of discrimination grounds. In that case, the Member State shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer.
Amendment 162 #
2013/0124(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that existing or newly createdthese bodies are aware, make use of and co- operate with the existing information and assistance services at national level via contact points and at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and, the Points of Single Contact and the European network of national contact points. Member States shall also ensure cooperation with existing information and assistance services provided by social partners and NGOs.
Amendment 169 #
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 184 #
2013/0124(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States shall provide clear, easily accessible, comprehensive and up- to-date information on the rights on free movement of EU workers, on a request basis, to its own citizens who wish to enjoy the right to freely move to another Member State.
Amendment 33 #
2012/2294(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the complex challenges arising for food security, climate change, soil quality, raw material scarcity, and so on; recognises that eco-innovation can solveplay an important role in addressing many of these challenges; reiterates that such a transition requires a holistic approach incorporating education, training, skills development, research and innovation, private sector investment and infrastructure development, all of which contribute to diverse and sustainable employment opportunities.
Amendment 39 #
2012/2294(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes in particular the importance of access to appropriate training and skills development within the framework of eco- innovation, both to provide the required skilled workforce for employers, and to equip young people with the right skills to access emerging innovative employment opportunities; highlights in this regard the opportunity for rural apprenticeships and other forms of vocational training to develop these new skills sets;
Amendment 40 #
2012/2294(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Highlights the vital role that partnerships and synergies between companies, the education sector, and local and regional authorities can play in providing the relevant training, to allow wide access to the employment opportunities and quality jobs which are emerging through eco-innovation;
Amendment 10 #
2012/2292(INI)
Motion for a resolution
Citation 17
Citation 17
Amendment 14 #
2012/2292(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the number of European transnational company agreements has increased significantly and whereas this indicates that labour relations in Europeis stagnating at a low level and a wider European legal framework for transnational company agre becoming increasingly integratedements is therefore unnecessary;
Amendment 19 #
2012/2292(INI)
Motion for a resolution
Recital B
Recital B
B. whereas thereexisting transnational company agreements alre no judicial and/or extrajudicialady have regulations and exemplary procedures for settling disputes, which arise when interpreting ithout any need for European regulations, and perfaccormding these agreementso the Commission (SWD 2012/0264), no problematic cases involving transnational company agreements are currently pending;
Amendment 23 #
2012/2292(INI)
Motion for a resolution
Recital C
Recital C
Amendment 44 #
2012/2292(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that this resolution is concerned with European transnational company agreements concluded by European trade union federations and European employers or employers’ federations, generally at sectoral level, and that the resolution does not concern international transnational company agreements (ITCA) signed by international trade union federations with undertakings;
Amendment 49 #
2012/2292(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. PropoStresses that in the medium term an optional European legal framework should be adopted for these European, as things stand, there is no need for a specific European legal framework for transnational company agreements;
Amendment 67 #
2012/2292(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 71 #
2012/2292(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Proposes that the social partners take as their basis an optional European legal framework in order, even before negotiations at European level, to eliminate certain potential problems at source and in order to have their attention drawn to regulatory solutions which have proved useful and effectiveuse the European level to exchange views on existing autonomy in collective bargaining, which must be respected by the EU institutions, in a kind of open coordination on best practice at national level, and thereby further develop national regulations;
Amendment 78 #
2012/2292(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the application of such an optional legal framework should be optional for the social partnerExplicitly stresses the autonomy of the social partners and the parties to collective agreements;
Amendment 84 #
2012/2292(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 95 #
2012/2292(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 100 #
2012/2292(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends introducing extrajudicial dispute settlement procedures; considers that, in Europeangnises that many of the transnational company agreements, a first ad hoc contact point at undertaking level should be agreed lready concluded at European level already contain worder to bring about solutions to conflicts between the contracting partiesking procedures for extrajudicial dispute settlement, and encourages the social partners to exchange views more intensively on this subject and identify methods for further developing and/or optimising them;
Amendment 108 #
2012/2292(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 116 #
2012/2292(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 128 #
2012/2292(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends the establishment of fundamental criteria for European transnational company agreements which the negotiating parties should discuss and whose outcome they should record in writing in order to prevent problems of subsequent interpretation and application; notes that the following points, in particular, should be coveredProposes that the social partners take account of the following criteria in relation to European transnational company agreements: the mandating procedure, i.e. clarification of the legitimacy and representativeness of the negotiating parties between which agreements are concluded, the place and date of conclusion of an agreement, substantive and geographical scope, the most favourable clause and the non- regression clause, the period of validity, the preconditions for denouncing the agreement and the dispute settlement procedures;
Amendment 2 #
2012/2280(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the Spanish authorities submitted the application for EGF financial contribution on 28 December 2011, supplemented by additional information up to 5 September 2012, and that its assessment was made available by the Commission on 19 October 2012; regrets the lengthy evaluation period of 10 months;
Amendment 3 #
2012/2280(BUD)
3. Welcomes the fact that, in order to provide workers with immediatespeedy assistance, the Spanish authorities decided to start the implementation of the measures on 19 March 2012 - well ahead of the final decision on granting the EGF support for the proposed coordinated package;
Amendment 4 #
2012/2280(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the Spanish authorities inform that, in their assessment based on the experience with previous EGF applications, only 500 of the dismissed workers will choose to participate in the EGF supported measures; calls on the Spanish authorities to use the EGF support to its full potential;
Amendment 6 #
2012/2280(BUD)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the fact that the design of the measures was consulted with the social partners and that the regional authorities, business representatives and the trade unions formed a special committee responsible for the coordination, management and implementation of the EGF project;
Amendment 8 #
2012/2280(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the information on the training measures in the Commission proposal does not describe in which sectors the workers are likely to find employment and if the package is adapted to the future economic prospects in the region;
Amendment 9 #
2012/2280(BUD)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that the measures supporting entrepreneurship do not contain any financial support to set up own business while several financial incentives are offered for workers following training measures;
Amendment 10 #
2012/2280(BUD)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the fact that a comprehensive package of information and publicity activities accompanies the EGF supported project;
Amendment 61 #
2012/2258(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses personal responsibility, bearing in mind that individuals also need to think about what they can do to ensure their pension age; stresses also crucial role of family and inter-generational solidarity;
Amendment 6 #
2012/2257(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas high levels of unemployment across the EU result from the eurozone public debt crisis followed by economic stagnation (even recession in some Member States) and persisting inflexible labour markets;
Amendment 62 #
2012/2257(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 65 #
2012/2257(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to adopt measures favourable to job creation such as labour tax reforms that provideincentives employment incentives, promote and support self- employment and business start-ups, improve the framework for doing -business, and facilitate the access to financing for SMEs, transform informal and undeclared work into regular employment, reform labour markets to make them more adapproductive, competitive, dynamic and inclusive, modernise wage- setting systems to align wages with productivity developments, exploit the high employment potential of sectors such as the green economy, health and social care, and the ICT sector to create jobs.;
Amendment 133 #
2012/2257(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Stresses the need ofor reforms in the labour market to increase labour productivity and efficiency in order to improve the EU economy's competitiveness and guaranteeenable a sustainable growth and job creation; bBelieves that reforms in labour markets should be implemented in such a way as to promote job quality;
Amendment 144 #
2012/2257(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the attention given to on exploitation of the job-creation potential of key sectors such as the green economyinnovative industries, services, health and social care, and the ICT sector in the AGS priorities for 2013; cCalls on the Commission and the Member States to support initiatives that facilitate the development of theses sectors with high employment potential;
Amendment 157 #
2012/2257(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. It is crucial to help young people to acquire skills more effectively which requires greater cooperation and communication between companies, governments and education providers;
Amendment 183 #
2012/2257(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Calls on the Member States to anticipate restructuring processes with the aim of saving jobs, fostering internal and external mobility andobjective of minimiszing theit's possible negative effects of restructuring processes, fostering internal and external mobility; cCalls on the Member States effectively to implement in an effective way national law and existing EU duropean Union Directives, such as the Collective Redundancies Directive, the, Transfer of Undertakings Directive and theand Framework Information and Consultation Framework Directive, with due, respect foring the principle of subsidiarity; cConsiders that EU fFunds should play an important role into avoiding, minimisingze or palliatinge possible negative effects ofr restructuring processes;
Amendment 198 #
2012/2257(INI)
Motion for a resolution
Recommendation 2.3 - 1st paragraph
Recommendation 2.3 - 1st paragraph
Amendment 212 #
2012/2257(INI)
Motion for a resolution
Recommendation 2.7 - 1st paragraph
Recommendation 2.7 - 1st paragraph
Commission and Member States should support initiatives and investments that facilitate the development of sectors with high employment potential such as the green economyinnovative industries, services, health and social care, and the ICT
Amendment 239 #
2012/2257(INI)
Motion for a resolution
Recommendation 5.2 - 2nd paragraph
Recommendation 5.2 - 2nd paragraph
Remove legal and administrative obstacles to free movement of workers within the EU in order to deepen the European labour market integration.
Amendment 241 #
2012/2257(INI)
Motion for a resolution
Recommendation 5.3 - 4th paragraph
Recommendation 5.3 - 4th paragraph
Amendment 45 #
2012/2234(INI)
Motion for a resolution
Recital F
Recital F
F. whereas retirement systems are a key element of the European social model whichcross the European Union are have been ensureing a decent standard of living for people in old age;
Amendment 106 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Observes that the crisis hasand challenges posed by ageing populations have revealed the vulnerability of both funded and pay- as- you-go pension schemes; recommends multi-pillar pension systems, cons leading to further individualisationg of at least:pension schemes; stresses that that pension systems are deeply embedded in the cultural, social, political and economic circumstances of each Member State;
Amendment 111 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point i
Paragraph 4 – point i
Amendment 118 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point ii
Paragraph 4 – point ii
Amendment 131 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point iii
Paragraph 4 – point iii
Amendment 138 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – subparagraph 1
Paragraph 4 – subparagraph 1
Amendment 241 #
2012/2234(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. WelcomesTakes the note of the call in the White Paper for developing funded, complementary occupational pensions and private savings; stresses, however, that the Commission should rather recommend collective mandatory occupational pension savings, as collective (second pillar) pension systems − usually governed by (sectoral) social partners − allow for solidarity within and between generations, whereas individual schemes do not; stresses the need to start building up complementary occupational pension systems now, despite the crisis;
Amendment 12 #
2012/2131(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there is a high sensitivity of population trends to the economic cycle;
Amendment 37 #
2012/2131(INI)
Motion for a resolution
Recital K
Recital K
K. whereas it will be impossible for individual Member States to conclude reciprocal, bilateral social security agreements with all third countries, and seeking to do so would result in a fragmented system with inequalities in the treatment of EU citizens; and whereas actioneffective exchange of best practices and coordinated approach at European level is therefore necessary;
Amendment 50 #
2012/2131(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that activating policies aimed at encouraging migrants to work are key not only to faster growth but also in reducing inequalities and income gaps;
Amendment 111 #
2012/2131(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States, in spite and because of the constant shortage of skilled workers, not to lose sight of mobility within the EU and thus to place the conditions for recruitment and integration of EU citizens from other Member States in the forefront;
Amendment 124 #
2012/2131(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks that migrants should have easier access to the labour market from an administrative point of view and that they should be able to rely on the quick and inexpensive recognition and validation of their diplomas, qualifications and skills;
Amendment 136 #
2012/2131(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and Member States to link refugee and labour market policy as far as possible and to give asylum seekers access to the labour market perspectives as quickly as possible;
Amendment 175 #
2012/2131(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on Member States in full respect of subsidiarity principle to open up a route into legality for people without papers who can earn their living through employment;
Amendment 2 #
2012/2121(BUD)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Agrees with the Commission that the conditions set out in point b) of Article 2 of the Regulation (EC) No 1927/2006 are met and that, therefore, Spain is entitled to a financial contribution under that regulation;
Amendment 3 #
2012/2121(BUD)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the Spanish authorities submitted the application for EGF financial contribution on 28 December 2011 and that its assessment was made available by the European Commission on 18 June 2012; welcomes the relatively speedy evaluation process;
Amendment 4 #
2012/2121(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the employment situation in the region is difficult as the unemployment rates doubled in the period 2008-2011 and that the region is suffering from depopulation; welcomes the fact that EGF is seen as an efficient tool to support local labour markets and that the region already applied for the EGF support (EGF/2008/004 ES Castilla y León & Aragón automotive and EGF/2010/016 ES Aragón retail);
Amendment 6 #
2012/2121(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the Spanish authorities inform that in their assessment based on the experience with previous EGF applications, only 320 of the workers targeted for the EGF support will choose to participate in the measures; calls on the Spanish authorities to use the EGF support to its full potential;
Amendment 7 #
2012/2121(BUD)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the fact that in order to provide workers with speedy assistance, the Spanish authorities decided to start the implementation of the measures on 28 December 2011 well ahead of the final decision on granting the EGF support for the proposed coordinated package;
Amendment 9 #
2012/2121(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the fact that the regional authorities engage in dialogue with the social partners in order to improve the match between the demand and supply in the labour market and that the coordinated package of personalised services has been discussed and developed with the social partners;
Amendment 10 #
2012/2121(BUD)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes in particular the training course which was designed to match the identified needs of local enterprises, which will in turn undertake to employ some of the workers participating in this action;
Amendment 11 #
2012/2121(BUD)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that the measures supporting entrepreneurship are foreseen only for 20 workers; hopes that the Spanish authorities will promote entrepreneurship and be able to adapt the coordinated package of services in case of increased interest in this kind of measures;
Amendment 14 #
2012/2121(BUD)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that the case at hand reflects the social and economic landscape of the specific region which could in the future be addressed by extending the scope of the EGF to self-employed workers (as proposed by the Commission in the proposal for the EGF 2014-2020);
Amendment 113 #
2012/2097(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Endorses the emphasis given in the Commission communication to strengthening and implementing international standards, and – in view of the 2011 update of the OECD Guidelines and agreement of the UN Guiding Principles – believes that a major emphasis of EU action must now be on the full implementation of those guidelines and principles; stresses that these OECD guidelines have been defined and acknowledged at the international level in order to set and maintain a level playing field, while fostering open, fair, and responsible business practices worldwide;
Amendment 115 #
2012/2097(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Suggests to the Commission to report annually to both the European Parliament and the Council on the implementation of these OECD guidelines;
Amendment 171 #
2012/2097(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 195 #
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;
Amendment 17 #
2012/2065(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the success of asbestos regulations in the Member States is limited by a lack of knowledge of the existing of ACMs and the associated risks;
Amendment 26 #
2012/2065(INI)
Motion for a resolution
Recital Z a (new)
Recital Z a (new)
Za. whereas any new legislative proposal must take account of existing legislation at national and European level and must be preceded by a detailed assessment of its possible impact as well as by an analysis of its costs and benefits;
Amendment 29 #
2012/2065(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. UrgesCalls on the EU to make asbestos screening and registration obligatory; consider developing a model for asbestos screening and to request owners of public or commercial buildings to: 1. screen buildings for the presence of asbestos containing materials; 2. prepare plans to manage the risks they present; 3. ensure that such information is available to workers who may disturb such materials;
Amendment 30 #
2012/2065(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Urges the EU to makesupport asbestos screening and registration obligatory;
Amendment 34 #
2012/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the EU to establish action plans for owners of public buildings for the safe removalCalls on the Commission together with Member States to provide information and guidelines ofn asbestos and to encouragerisk for private house owners to audit their premises for ACMs;
Amendment 35 #
2012/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the EU to establish action plans fsupport owners of public buildings forin undertaking the safe removal of asbestos and to encourage private house owners to audit their premises for ACMs;
Amendment 43 #
2012/2065(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Proposes the combination of a strategy for the renovation of buildings to make them more energy-efficient in parallel with the gradual removal of all asbestos;
Amendment 46 #
2012/2065(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission to make mandatoryrecommend the establishment of public asbestos registers by Member States;
Amendment 52 #
2012/2065(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the EU to make it mandatory forrecommend building owners to inform the Labour Inspectorate about intended plans for work with ACMs;
Amendment 58 #
2012/2065(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the EU to set up minimum requirements for mandatory asbestos- specific qualifications for civil engineers, architects and, employees of registered asbestos removal companies and to provide asbestos-specific qualifications for the training of other workers likely to be exposed to asbestoestablish a working group together with the Member States to consider the benefits of developing minimum asbestos-specific qualifications for civil engineers and architects;
Amendment 59 #
2012/2065(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the EU to set up, in cooperation with the Member States, to propose minimum requirements for mandatory asbestos- specific qualifications for civil engineers, architects and, employees of registered asbestos removal companies and to provide asbestos-specific qualifications for the training of other workers likely to be exposed to asbestos;
Amendment 63 #
2012/2065(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the EU to draw up programmes to raise general awareness of asbestos-related risks and to improve information about existing asbestos legislation and provide practical guides as to how comply with it;
Amendment 64 #
2012/2065(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the EU to work with and support relevant stakeholders to organise and support relevant stakeholders to organise and develop awareness raising activities for workers on the risks of asbestos and the need for appropriate training;
Amendment 66 #
2012/2065(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls for such action plans and information campaigns to be aimed at specific target groups and to include both employers and employees and their representatives, as well as other stakeholders;
Amendment 67 #
2012/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to propose a specific directive with, in cooperation with the Member States, to propose minimum requirements for the vocational training of construction and maintenance workers, including construction professionals who are working incidentally with asbestos;
Amendment 69 #
2012/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to propose a specific directive with minimum requirements for theaking into account provisions already contained in Article 14(2) of Directive 2009/148/EC to build on these provisions and work with relevant stakeholders to raise awareness of the need for appropriate training, such as vocational training of construction and maintenance workers, including construction professionals who are working incidentally with asbestos;
Amendment 77 #
2012/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. UrgesCalls on the EU to start action plans for asbestos removalwork with relevant stakeholders at European, national and regional levels, which are to include: legislation; education and information; to develop and exchange action plans for asbestos management which will include: training for public employees; national and international training;, awareness- raising activities related to the removalisk of asbestos and products containing asbestos from buildings, public amenities and sites of former asbestos factories; cleaning premises, building landfills and installations for the destruction of asbestos and asbestos-containing debris;(including during removal from buildings), monitoring of the implementation of existing regulations, exposure assessments of at- risk personnel, and health protection;
Amendment 87 #
2012/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. UrgesCalls on the Commission to lower the limit value for asbestos fibresreview, using the most recent scientific evidence, the current limit value for asbestos fibres, and to ensure any proposed revisions are based on robust scientific evidence;
Amendment 88 #
2012/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to lower the limit value for asbestos fibres; any lowering of the value, and the actual value set, must be scientifically based and combined with a detailed assessment of the impact of such a measure;
Amendment 96 #
2012/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to immediately revise the provisions on exemptions for chrysotile asbestos inreview progress on the development of chrysotile- free diaphragms used in electrolysis installations, in accordance with annex XVII of REACH;
Amendment 105 #
2012/2065(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the EU to propose regulationrecommend Member States to take steps to ensure that all cases of asbestos-related occupational disease are identified, reported to the competent authority and examined by experts;
Amendment 106 #
2012/2065(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to create binding minimum guideline, in cooperation with the Member States, to propose recommendations for national procedures for the recognition and compensation of asbestos-related diseases;
Amendment 112 #
2012/2065(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 5 #
2012/2045(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the importance of investing in learning to meet the Europe 2020 targets and to strengthen European competitiveness of enterprises in the European Union, and urges Member States to improve access to lifelong learning (LLL) for all despite budgetary consolidation processes;
Amendment 12 #
2012/2045(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that a higher level of skills and knowledge is necessary to reduce unemployment, to facilitate voluntary geographical mobility, to promote professional mobility, and to provide European industry, in particular SMEs across the European Union, with an adequately educated and trained workforce;
Amendment 30 #
2012/2045(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets theStresses the risk of reduced funding forinvested in education and the lack of training placements offered by enterprises owing to the crisis;
Amendment 40 #
2012/2045(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that employers have a key responsibility in making LLL a reality for all and encourages them to facilitate continuous training throughout workers‘ careers; stresses also the individual responsibility of everyone to do his best in order to be prepared to face new challenges on the labour market;
Amendment 46 #
2012/2045(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges Member States to set themselves ambitious targets and apply innovative policies in tackling early school leaving and calls forsupports diversified and flexible learning pathways accommodating the needs of different learners, the introduction of dual systems combining studying and practical learning and better opportunities in vocational education and training;
Amendment 3 #
2012/2016(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Is convinced that the EU budget should be aligned with the austerity budgets of the EU Member States; this will force better prioritization, more efficiency and put greater emphasis on the quality rather than on the quantity of spending;
Amendment 6 #
2012/2016(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for recognition in the budget of the dramatic situation facing the young unemployed and the need to create dynamic, innovative and business-friendly environment in order to relaunch job creation; highlights the need to provide for appropriate financing of all employment instruments;
Amendment 13 #
2012/2016(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the decision to target unallocated European Social Fund aid at reducing youth unemployment and promoting SMEs; calls for the increased and redirected ESF programming to be taken into account in the 2013 budget in view of the end of the current multiannual financial framework;
Amendment 17 #
2012/2016(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a sustained effort to be made through the budget to provide for appropriate training and, reskilling, R&D and education, with the support of the social partners for sectors with labour shortages, and for improved utilisation of the ESF and enhancement of the EGF;
Amendment 28 #
2012/2016(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the EU budget should support the promotion of completion of Single Market, competitiveness and social convergence, the development of a policy on socially responsible enterprises and the monitoring of the application of statutory social standards by enterprises in order to ensure the creation of decent jobs.;
Amendment 12 #
2012/2003(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the current crisis does not explain all the difficulties that European labour markets face; in fact it has exposed underlying structural weaknesses and persisting rigidities;
Amendment 20 #
2012/2003(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas countries that reformed their labour markets have weathered the crisis better than those where no or limited action has been taken so far;
Amendment 66 #
2012/2003(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is convinced that four priorities for future reforms should be: job creation, young people, skills and reforms in tax and benefit systems;
Amendment 70 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point a
Paragraph 5 – point a
a) helpcreate innovative and dynamic environment for the unemployed to get back to work.
Amendment 73 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
b) create sustainable and qualityboost economic growth and competitiveness capable of driving new jobs, and improving work productivity as well as work distribution,
Amendment 84 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point c
Paragraph 5 – point c
c) invest in education and, training, and apprenticeships;
Amendment 105 #
2012/2003(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on Members States and the Commission to take steps to develop a job- friendly environment with supportive labour market policies, such as more effective and better targeted unemployment and social assistance benefit systems linked primarily to employment activation measures, to introduce special training and re-training in order to sustain employability of the long- term unemployed, and to promote up- skilling and on-the-job training with particular emphasis on unemployed young persons and on workers with low skills;
Amendment 116 #
2012/2003(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses also personal responsibility, individuals also need to think about what they can do to ensure they are on the winning side in the race for talent;
Amendment 151 #
2012/2003(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to take all possible measures to encourage and assist Member States to sign the ‘'Social Investment Pact’', and to introduce evaluation of employment, social and education goals in the European Semester 2013;
Amendment 81 #
2012/0366(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds forto identify ways of measuring emissions, while taking into considaccount scientific knowledge and internationally accepted standards for evaluating their toxicity or addictiveness.
Amendment 85 #
2012/0366(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to exercise their regulatory function, Member States and the Commission require comprehensive information on ingredients and emissions to assess the attractiveness, addictiveness and toxicity of tobacco products and the risks to health associated with the consumption of such products. To this end, the existing reporting obligations for ingredients and emissions should be reinforced. This is consistent with the obligation placed on the Union to ensure a high level of protection for human health.
Amendment 97 #
2012/0366(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoidedwhich may facilitate uptake of tobacco consumption.
Amendment 103 #
2012/0366(COD)
Proposal for a directive
Recital 15 – footnote 36
Recital 15 – footnote 36
Amendment 104 #
2012/0366(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 133 #
2012/0366(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Adaptation of the labelling provisions is also necessary to align the rules at Union level with international developments. For example the guidelines on Article 11 FCTC call for large picture warnings on both principal display areas, which should take up no more than 50%, but no less than 30% of the surface area of the box, mandatory cessation information and strict rules on misleading information. The provisions on misleading information will complement the general ban on misleading business to consumer commercial practices laid down in Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business- to- consumer commercial practices in the internal market.
Amendment 144 #
2012/0366(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, 'natural', 'organic', ‘without additives’, ‘without flavours’, 'slim', names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 211 #
2012/0366(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 218 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods, and setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing product or addictiveness. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. .
Amendment 229 #
2012/0366(COD)
Proposal for a directive
Recital 40
Recital 40
(40) A Member State that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike,manufactured or sold in that Member State on grounds of overriding needs relating to the protection of public health. A Member State should also be allowed to introduce more stringent provisions, applying to all products alike, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. More stringent national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directive.
Amendment 284 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
4) 'characterising flavour' means a distinguishable aroma or taste other than tobacco or menthol, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 292 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 – introductory part
Article 2 – paragraph 1 – point 11 – introductory part
11) 'cross-border distance sales' means a distance sales service where, at the time theend consumer orders the product, the consumer is locato be delivered into a Member Sstate other than the Member State or the third country wherestate in which the retail outlet is established; a retail outlet is deemed to be established in a Member State:
Amendment 305 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
18) 'ingredient' means an additive, tobacco (leaves and other natural, processed or unprocessed parts of tobacco plants including expanded and reconstituted tobacco), as well as any substance present in a finished tobacco product including paper, filter, inks, capsules and adhesives;
Amendment 313 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 327 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26) 'pipe tobacco' means tobacco consumed via a combustion or heating process and exclusively designed for the purpose of being used in a pipe;
Amendment 340 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
30) 'substantial change of circumstances' means an increase of the sales volumes by product category, such as pipe tobacco, cigar, cigarillo, by at least 10% in at least 10 Member States based onin one calendar year, based on reliable and available sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 Member States for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;
Amendment 359 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 377 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 403 #
2012/0366(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 409 #
2012/0366(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 420 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall require manufacturers and importers of tobacco products to submit, on an annual basis, to their competent authorities a list of all ingredients, and quantities thereof, used in the manufacture of the tobacco products by brand name and type, as well as their emissions and yields. Manufacturers or importers shall also inform the competent authorities of the concerned Member States if the composition of a product is modified affecting the information provided under this Article. Information required under this Article shall be submitted prior to the placing of the market of a new or modified tobacco product.
Amendment 426 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure the dissemination of information submitted in accordance with paragraph 1 on a dedicated website, which is available to the general public. In doing so Member States shall take due account of the need to protect information which constitutes a trade secret.
Amendment 437 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. All data and information to be provided to and by Member States under this Article shall be provided in electronic form. Member States shall store the information electronically and shall ensure that the Commission has access to the information at all times. O. The Commission and the other Member States shall have access to this information upon justified request. Member States and the Commission shall ensure that trade secrets and other confidential information are treated in a confidential manner.
Amendment 446 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 463 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products, as long as the additives do not result in a product with a characterising flavour.
Amendment 480 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
Amendment 487 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 496 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 510 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 527 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 564 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 590 #
2012/0366(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In order to ensure their graphic integrity and visibility, health warnings shall be irremovably printositioned, indelible and in no way hidden or interrupted, including by tax stamps, price marks, tracking and tracing marks, security features or by any type of wrapper, pouch, jacket, box or other device or by the opening of the unit packet.
Amendment 614 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm. For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
Amendment 628 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 647 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) be comprised of a text warning listed in Annex I and, optionally, a corresponding colour photograph specified in the picture library;
Amendment 652 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 75 30% of the external area of both the front andsurface and 40% of the external area of the back surface of the unit packet and any outside packaging; ;
Amendment 682 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) show the same text warning and, optionally, corresponding colour photograph on both sides of the unit packets and any outside packaging;
Amendment 684 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned at the top edglower side of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 696 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(ea) be positioned on each unit packet and on any external packaging, and in the same direction as any other information appearing on the packaging;
Amendment 700 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 737 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
Amendment 749 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
Amendment 784 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 809 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 826 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 842 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 860 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Prohibited elements and features may include misleading texts and graphics.
Amendment 883 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A unit packet of cigarettes shall have an approximately cuboid shape. A unit packet of roll-your- own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 420 g.
Amendment 888 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 900 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 917 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 946 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
Amendment 952 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 2 – point h
Article 14 – paragraph 2 – point h
Amendment 962 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 2 – point j
Article 14 – paragraph 2 – point j
j) the identity of all purchasers from manufacturing to the first retail outletbuyer;
Amendment 968 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 2 – point k
Article 14 – paragraph 2 – point k
k) the invoice, order number and payment records of all purchasers from manufacturing to the first retail outletbuyer.
Amendment 973 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, record the entry of all unit packets into their possessionthe transfer of all unit packets between the manufacturer and the first buyer is recorded, as well as all intermediate movements and the final exit from their possession. This obligation can be fulfilled by recording in aggregated form, e.g. of outside packaging, provided that tracking and tracing of unit packets remains possible.
Amendment 980 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall ensure that manufacturers of tobacco products provide all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, including importers, warehouses and transporting companiefirst buyers with the necessary equipment allowing for the recording of the tobacco products purchased, sold, stored, transported or otherwise handled. The equipment shall be able to read and transmit the data electronically to a data storage facility pursuant to paragraph 6.
Amendment 992 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 8
Article 14 – paragraph 8
8. In addition to the unique identifier, Member States shall require that all unit packets of tobacco products which are placed on the market carry a vislegible, tamper proof security feature of at least 1 cm², which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or other elements mandated by legislation.
Amendment 999 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 1126 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
a) available scientific studies on toxicity, addictiveness and attrand addictiveness of the product, in particular as regards its ingredients and emissions;
Amendment 1140 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Novel tobacco products placed on the market shall respect the requirements set out in this Directive. The provisions applicable depend on whether the products fall under the definition of smokeless tobacco product in point (29) of Article 2 or tobacco for smoking in point (33) of Article 2. The provisions of Article 12(1)(b) shall not apply to new tobacco products that have been scientifically proven to be less harmful than conventional tobacco products.
Amendment 1143 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Member States may authorise the sale and define rules on the marketing and labelling of new categories of tobacco products that have been scientifically proven to be less harmful than conventional tobacco products, provided that it has been demonstrated, pursuant to paragraph 1, that their use could reduce risks, smoking-related diseases and harm to public health when compared with conventional tobacco products.
Amendment 1211 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1242 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 1258 #
2012/0366(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The health warning shall be printed on the front and, bottom or back external surface of the unit packet and on any outside packaging.
Amendment 1278 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of time from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 1287 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1295 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1301 #
2012/0366(COD)
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1 – point b
Article 23 – paragraph 2 – subparagraph 1 – point b
b) market developments in novel tobacco products considering, inter alia, notifications received under Article 17, with particular reference to evaluating the potential advantages of less harmful new categories of tobacco products and the decreased risk of smoking-associated diseases;
Amendment 1314 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. However, a Member State may maintain more stringent national provisions, applicable to all products alikemanufactured and sold in the Member State concerned, in areas covered by the Directive, on grounds of overriding needs relating to the protection of public health. A Member State may also introduce more stringent provisions, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. SWithout prejudice to Directive 98/84/EC, such national provisions shall be notified to the Commission together with the grounds for maintaining or introducing them. The Commission shall, within six months from the date of receiving the notification, approve or reject the provisions after having verified, taking into account the high level of health protection achieved through this Directive, whether or not they are justified, necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the Member States. In the absence of a decision by the Commission within this period the national provisions shall be deemed to be approved.
Amendment 1322 #
2012/0366(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [Publications Office, please insert the exact date: entry into force + 1824 months] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 1325 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Member States may allow the following products, which are not in compliance with this Directive, to be placed on the market until [Publications Office, please insert the exact date: entry into force + 2436 months]:
Amendment 17 #
2012/0267(COD)
Proposal for a regulation
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. In the light of technical progress and any information which becomes available in the course of the vigilance and market surveillance activities described in Articles 59 to 73, the Commission, having consulted relevant stakeholders, including healthcare professionals’ organisations and manufacturers’ associations, shall be empowered to adopt delegated acts in accordance with Article 85 as regards the following:
Amendment 18 #
2012/0267(COD)
Proposal for a regulation
Article 42 – paragraph 6 a (new)
Article 42 – paragraph 6 a (new)
6a. Throughout the scrutiny process, the views of relevant stakeholders, including patient or healthcare professionals’ organisations and manufacturers’ associations, shall be taken into account.
Amendment 19 #
2012/0267(COD)
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1
Article 61 – paragraph 1 – subparagraph 1
Member States shall take the necessary steps to ensure that any information regarding a serious incident that has occurred within their territory or a field safety corrective action that has been or is to be undertaken within their territory, and that is brought to their knowledge in accordance with Article 59 is, at national level, evaluated centrally by their competent authority, if possible together with the manufacturer. The competent authority shall take into account the views of all relevant stakeholders, including patients, healthcare professionals’ organisations and manufacturers’ associations.
Amendment 20 #
2012/0267(COD)
Proposal for a regulation
Annex 1 – part III – point 17 – point 17.3 – point 17.3.2 – point i a (new)
Annex 1 – part III – point 17 – point 17.3 – point 17.3.2 – point i a (new)
(ia) The instructions for use shall be comprehensible to the layman and reviewed by the representatives of relevant stakeholders, including patients, healthcare professionals’ organisations and manufacturers’ associations.
Amendment 76 #
2012/0267(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In situations in which a product is not conceived by its manufacturer to be used for medical purposes, its certification as an in vitro diagnostic medical device cannot be required; likewise a product cannot be an accessory to a specific in vitro diagnostic medical device if it is not specifically conceived by its manufacturer to enable or assist the intended purpose of the in vitro diagnostic medical device.
Amendment 113 #
2012/0267(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point 3
Article 2 – paragraph 1 – subparagraph 1 – point 3
(3) ‘accessory to an in vitro diagnostic medical device’ means an article which, whilst not being an in vitro diagnostic medical device, is intended by its manufacturer to be used together with one or several particular in vitro diagnostic medical device(s) to specifically enable or assist the in vitro diagnostic medical device(s) to be used in accordance with its/their intended purpose(s) or to specifically assist the medical functionality of the in vitro diagnostic medical device(s) in view of its/their intended purpose(s);
Amendment 114 #
2012/0267(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point 4
Article 2 – paragraph 1 – subparagraph 1 – point 4
(4) ‘accessory to an in vitro diagnostic medical device’ means an article which, whilst not being an in vitro diagnostic medical device, is intended by its manufacturer to be used together with one or several particular in vitro diagnostic medical device(s) to specifically enable or assist the in vitro diagnostic medical device(s) to be used in accordance with its/their intended purpose(s) or to specifically support the medical applications of the device(s) in respect of its/their intended purpose(s);
Amendment 124 #
2012/0267(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 3 – point 22
Article 2 – paragraph 1 – subparagraph 3 – point 22
(22) ‘health institution’ means an organisation whose primary purpose is the care or treatment of patients or the promotion of public healthand which has the legal capacity to carry out such activities;
Amendment 151 #
2012/0267(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 153 #
2012/0267(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Manufacturers who consider or have reason to believe that a device which they have placed on the market is not in conformity with this Regulation shall immediately take the necessary corrective action to bring that product into conformity, withdraw it or recall it, as appropriate. They shall inform the distributors, importers and, where applicable, the authorised representative accordingly.
Amendment 162 #
2012/0267(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The designation shall be valid only when accepted in writing by the authorised representative and shall be effective at least for all devices of the same generic device group.
Amendment 163 #
2012/0267(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 – point a
Article 9 – paragraph 3 – subparagraph 2 – point a
(a) keep a summary of the technical documentation, the EU declaration of conformity and, if applicable, a copy of the relevant certificate, including any supplement, issued in accordance with Article 43 at the disposal of competent authorities for the period referred to in Article 8(4);
Amendment 164 #
2012/0267(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 – point a
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) that the appropriatey shall verify that the conformity assessment procedure has been carried out by the manufacturer;
Amendment 165 #
2012/0267(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Where an importer considers or has reason to believe that a device is not in conformity with the requirements of this Regulation, he shall not place the device on the market until it has been brought into conformity. Where the device or presents a risk, the importer shall inform the manufacturer and his authorised representative to that effect, as well as the competent authority of the Member State in which he is established, and shall only place the device on the market with the agreement of the manufacturer.
Amendment 166 #
2012/0267(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Importers shall indicate their name, registeensured trade name or registered trade mark and the address of their registered place of business at which they can be contacted and their location can be established on the device or on its packaging or in a document accompanying the device. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturerhat their device is registered in the electronic system in accordance with Article 23(2).
Amendment 167 #
2012/0267(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Importers shall ensure that, whileWhen deemed appropriate with regard to the risks presented by a device, is under their responsibility, storage or transport conditions do not jeopardimporters shall investigate and keep a register of complaints, of non-compliant products and of cases its compliance with the general safety and performance requirements set out in Annex I. n which a product is withdrawn from the market or from circulation, and shall notify the manufacturer, the authorised representative and the distributors of this.
Amendment 168 #
2012/0267(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. When deemed appropriate with regard to the risks presented by a device, importers shall, in order to protect the health and safety of patients and users, carry out sample testing of marketed products, investigate complaints and keep a register of complaints, of non- conforming products and of product recalls and withdrawals, and shall keep the manufacturer, authorised representative and distributors informed of such monitoringManufacturers who consider or have reason to believe that a device which they have placed on the market is not in conformity with this Regulation shall inform the manufacturer and the authorised representative. Where the device presents a risk, they shall also immediately inform the competent authorities of the Member States in which they made the device available and, if applicable, the notified body that issued a certificate in accordance with Article 43 for the device in question, giving details, in particular, of the non-compliance and of any corrective action taken.
Amendment 172 #
2012/0267(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Where a distributor considers or has reason to believe that a device is not in conformity with the requirements of this Regulation, he shall not make the device available on the market until it has been brought into conformity. Where the device or presents a risk, the distributor shall inform the manufacturer and, where applicable, his authorised representative and the importer to that effect, as well as the competent authority of the Member State in which he is established, and shall only place the device on the market with the agreement of the manufacturer.
Amendment 175 #
2012/0267(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Distributors shall, in response to a request from a competent authority, provide it with all the information and documentation necessary to demonstrate the conformity of a device. This obligation shall be considered fulfilled when the authorised representative for the device in question, where applicable, provides the required information. Distributors shall cooperate with competent national authorities, at their request, on any action taken to eliminate the risks posed by devices which they have made available on the market.
Amendment 185 #
2012/0267(COD)
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
For devices, other than devices for performance evaluation, economic operators shall be able to identify the following, for thea period referred to in Article 8(4)of 10 years:
Amendment 269 #
Amendment 274 #
2012/0267(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. The certificates issued by the notified bodies in accordance with Annexes VIII, IX and X shall be in an official Union language determined by the Member State in which the notified body is established or otherwise in an official Union language acceptable to the notified body. The minimum content of the certificates is set out in Annex XI.
Amendment 150 #
2012/0266(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In situations in which a product is not conceived by its manufacturer to be used for medical purposes, its certification as an medical device cannot be required; likewise a product cannot be an accessory to a specific medical device if it is not specifically conceived by its manufacturer to enable or assist the intended purpose of the medical device.
Amendment 171 #
2012/0266(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The findings of the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR), established by Commission Decision 2008/721/EC of 5 August 2008 setting up an advisory structure of Scientific Committees and experts in the field of consumer safety, public health and the environment and repealing Decision 2004/210/EC, in its scientific opinion of 15 April 2010 on the safety of reprocessed medical devices marketed for single-use, and of the Commission in its report of 27 August 2010 to the European Parliament and the Council on the issue of reprocessing of medical devices in the European Union, in accordance with Article 12a of Directive 93/42/EEC, call for regulation of the reprocessing of single- use devices in order to ensure a high level of protection of health and safety whilst allowing this practice to further develop under clear conditions. By reprocessing a single-use device its intended purpose is modified and the reprocessor should therefore be considered the manufacturer of the reprocessed device. Those single-use medical devices which are known in advance to present a safety risk shall not be reprocessed. A list of devices presenting such a risk shall be drawn up.
Amendment 217 #
2012/0266(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to maintain a high level of health and safety, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the products subject to this Regulation that are similar to medical devices but do not necessarily have a medical purpose; adaptation of the definition of nanomaterial to technical progress and to developments at Union and international level; adaptation to technical progress of the general safety and performance requirements, of the elements to be addressed in the technical documentation, of the minimum content of the EU declaration of conformity and of the certificates issued by notified bodies, of the minimum requirements to be met by notified bodies, of the classification rules, of the conformity assessment procedures, and of theclassification rules and documentation to be submitted for the approval of clinical investigations; the establishment of the UDI system; the information to be submitted for the registration of medical devices and certain economic operators; the level and structure of fees for the designation and monitoring of notified bodies; the publicly available information in respect of clinical investigations; the adoption of preventive health protection measures at EU level; and the tasks of and criteria for European Union reference laboratories and the level and structure of fees for scientific opinions delivered by them. The essential elements of this Regulation, such as the general safety and performance requirements, elements included in the technical documentation and the minimum content of the EU declaration of conformity may only be modified through the ordinary legislative procedure. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 238 #
2012/0266(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point 2
Article 2 – paragraph 1 – subparagraph 1 – point 2
(2) ‘'accessory to a medical device’' means an article which, whilst not being a medical device, is intended by its manufacturer to be used together with one or several particular medical device(s) to specifically enable or assist the device(s) to be used in accordance with its/their intended purpose(s); or to specifically assist the medical functionality of the medical device(s) in view of its/their intended purpose(s)
Amendment 253 #
2012/0266(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point 19 – introductory part
Article 2 – paragraph 1 – subparagraph 1 – point 19 – introductory part
(19) ‘manufacturer’ means the natural or legal person who manufactures or fully refurbishes a devicis responsible for has a device designed, manufactured orthe manufacture, design, packaging and labelling of a device or who fully refurbished,s and markets that device under his name or trademark.
Amendment 257 #
2012/0266(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point 24
Article 2 – paragraph 1 – subparagraph 1 – point 24
(24) ‘health institution’ means an organisation whose primary purpose is the care or treatment of patients or the promotion of public healthf patients and which has the legal capacity to engage in such activities;
Amendment 283 #
2012/0266(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 297 #
2012/0266(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 308 #
2012/0266(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Manufacturers who consider or have reason to believe that a device which they have placed on the market is not in conformity with this Regulation shall immediately take the necessary corrective action to bring that product into conformity, withdraw it or recall it, as appropriate. They shall inform the distributors, the importers and, where applicable, the authorised representative accordingly.
Amendment 326 #
2012/0266(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Importers who consider or have reason to believe that a device which they have placed on the market is not in conformity with this Regulation shall immediately inform the manufacturer and his authorised representative and, if appropriate, take the necessary corrective action to bring that device into conformity, withdraw or recall it. Where the device presents a risk, they shall also immediately inform the competent authorities of the Member States in which they made the device available and, if applicable, the notified body that issued a certificate in accordance with Article 45 for the device in question, giving details, in particular, of the non- compliance and of any corrective action taken.
Amendment 329 #
2012/0266(COD)
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. Importers shall, for the period referred to in Article 8(4), keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation and, if applicable, a copy of the relevant certificate including any supplement, issued in accordance with Article 45, can be made available to those authorities, upon request. By written mandate, the importer and the authorised representative for the device in question may agree that this obligation is delegated to the to the manufacturer or his authorised representative.
Amendment 330 #
2012/0266(COD)
Proposal for a regulation
Article 11 – paragraph 10
Article 11 – paragraph 10
10. Importers shall, in response to a request from a competent national authority, provide it withforward all the information and documentation necessary to demonstrate the conformity of a product from the manufacturer or his authorised representative. This obligation shall be considered fulfilled when the manufacturer or, where possible, the authorised representative for the device in question provides the required information. Importers shall cooperate with a competent national authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.
Amendment 341 #
2012/0266(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. DistributoImporters shall, in response to a request from a competent national authority, provide it withforward all the information and documentation necessary to demonstrate the conformity of a devicproduct from the manufacturer or his authorised representative. This obligation shall be considered fulfilled when the manufacturer or, where possible, the authorised representative for the device in question, where applicable, provides the required information. Distributors shall cooperate with competent national authorities, at their request, on any action taken to eliminate the risks posed by devices which they have made available on the market.
Amendment 379 #
2012/0266(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. PAt least 28 calendar days prior to making the relabelled or repackaged device available, the distributor or importer referred to in paragraph 3 shall inform the manufacturer and the competent authority of the Member State where he plans to make the device available and, upon request, shall provide them with a sample or a mock-up of the relabelled or repackaged device, including any translated label and instructions for use. HWithin the same period of 28 calendar days, he shall submit to the competent authority a certificate, issued by a notified body referred to in Article 29, designated for the type of devices that are subject to activities mentioned in points (a) and (b) of paragraph 2, attesting that the quality management system complies with the requirements laid down in paragraph 3.
Amendment 382 #
2012/0266(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Any natural or legal person who reprocesses a single-use device to make it suitable for further use within the Union, provided that the device does not feature on the list of devices that are unsuitable for reprocessing, shall be considered to be the manufacturer of the reprocessed device and shall assume the obligations incumbent on manufacturers laid down in this Regulation.
Amendment 396 #
2012/0266(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Commission, by means of implementingdelegated acts, shall establish and regularly update a list of categories and groups of single- use devices that may not be reprocessed owing to a genuine risk to safety. Those delegated acts shall be adopted in accordance with Article 89. The Commission, by means of delegated acts, shall establish and regularly update a list of categories or groups of single-use devices for critical use which may be reprocessed in accordance with paragraph 3. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 88(3). 9.
Amendment 425 #
2012/0266(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The EU declaration of conformity shall state that fulfilment of the requirements specified in this Regulation has been demonstrated. It shall be continuously updated. The minimum content of the EU declaration of conformity is set out in Annex III. It shall be tdranslafted into the an official Union language or languages required by the Member State(s) in which the device is made availablethat is acceptable to the notified body processing the declaration of conformity in accordance with Article 42.
Amendment 429 #
2012/0266(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 439 #
2012/0266(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
For devices, other than custom-made or investigational devices, economic operators shall be able to identify the following, for thea period referred to in Article 8(4)of 10 years:
Amendment 550 #
2012/0266(COD)
Proposal for a regulation
Article 42 – paragraph 11
Article 42 – paragraph 11
Amendment 558 #
Amendment 599 #
2012/0266(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The certificates issued by the notified bodies in accordance with Annexes VIII, IX and X shall be in an official Union language determined by the Member State in which the notified body is established or otherwise in an official Union language acceptable to the notified body. The minimum content of the certificates is set out in Annex XII.
Amendment 792 #
2012/0266(COD)
Proposal for a regulation
Annex 1 – part III – point 19 – point 19.3 – point l
Annex 1 – part III – point 19 – point 19.3 – point l
(l) If the device bears an indication that the device is for single use, information on known characteristics and technical factors known to the manufacturer that could pose a risk if the device were to be re-used. If the device is included on the list of single-use devices pursuant to Article 15(4), information to the effect that the device may not under any circumstances be reused. If in accordance with point c) of Section 19.1 no instructions for use are needed, the information shall be made available to the user upon request.
Amendment 794 #
2012/0266(COD)
Proposal for a regulation
Annex 2 – paragraph 1 – point 2 – point b
Annex 2 – paragraph 1 – point 2 – point b
(b) a list of the language variants for thenk to a list of Member States wherein which the device is envisaged to behas been marketed.
Amendment 96 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unionSocial partners play an important role in the context of the posting of workers for the provision of services since social partnersthey may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay. This right should be linked to their obligation to pay minimum wage and to provide information about it.
Amendment 121 #
2012/0061(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should exclusively use the Internal Market Information System (IMI) as much ain all instances in which it is possible to do so. However, this should not prevenaffect the application of bilateral agreements or arrangements concerning administrative cooperation in areas in which the IMI system is not applicable.
Amendment 125 #
2012/0061(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligations to makeDifficulties in accessing information on terms and conditions of employment very often prompt service providers not to apply the existing rules, Member States should ensure that such information is generally available and to provide effective access to it, not only to service providers from other Member States, but also to the posted workers concerned,. This obligation should be further concretised, particularly with regard to generally binding collective agreements.
Amendment 136 #
2012/0061(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Member States should determine the way in which providers and recipients are provided with easily accessible relevant information, preferably by making this information accessible through a website, following web accessibility standards. Such websites should include in particularA single source of information should be established in every Member State with a view to ensuring that the information is legally accurate and accessible. The Member States should establish single national websites containing, in particular, information on the terms and conditions of employment applicable to posted workers on their territory as well as links to any website put in place pursuant to EU legislation with a view to promote entrepreneurship and/or the development of the cross-border provision of services.
Amendment 163 #
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, if they give their express agreement, 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.
Amendment 165 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 178 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 190 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 266 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may only include:
Amendment 326 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Such elements may only include:
Amendment 385 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 a (new)
Article 3 – paragraph 2 – subparagraph 3 a (new)
All the factual elements set out in paragraphs 1 and 2 are elements of the overall assessment to be made and may not, therefore, be considered in isolation. The assessment of these elements shall be adapted to each specific case and take account of the specificities of the situation. The absence of one or more of the elements shall not necessarily preclude a posting, but it may help in determining whether a posting is genuine.
Amendment 436 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities;
Amendment 439 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) improve the relevance, accessibility of the information and clarity of the information provided on national websites;
Amendment 473 #
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. In the event of any persistent problems in the exchange of information, the Commission will work to help the Member State resolve the problem.
Amendment 479 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
1. Member States shall supply the information requested by other Member States or the Commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within one month if the answer requires an on-the-spot inspection.
Amendment 487 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Member States shall ensure the confidentiality of the information which they exchange. Information exchanged shall be used only in respect of the matter(s) for which it was requested and strictly in accordance with personal data protection law.
Amendment 560 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retain copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in ArticleArticles 2(2) and 4 of thate Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents 91/533/EC during the period of posting in an accessible and clearly identified place in its territory, 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 other documents such as payslips, time-sheets and proof of payment of wages should be delivered within a reasonable period referred to in Article 6 (5) at the request of the authorities of the host Member State either by the employer or by competent bodies in the Member State of establishment;
Amendment 575 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation of the documents referred to under (b), may be justified provided these documents are not excessively long and standardised forms are generally used for such documents; translation will not be at the expense of employers;
Amendment 582 #
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 person to negotiate, if necessary, on behalf ofthe possibility to designate, if necessary, a contact person to represent the employer within the relevant social partners in thehost Member State to which the posting takes place, in accordance with national legislation and practice, during thewithin period in which the services are provided.
Amendment 663 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 667 #
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 are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approvalexpress consent in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 694 #
2012/0061(COD)
Proposal for a directive
Article 12
Article 12
Amendment 77 #
2012/0035(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 79 #
2012/0035(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 84 #
2012/0035(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 92 #
2012/0035(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that an application to approve the price of the product can be introduced by the marketing authorisation holder at any point in time. The competent authorities shall provide the applicant with an official acknowledgement of receipt.
Amendment 112 #
2012/0035(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. If the information supporting the application is inadequate, the competent authorities shall forthwith notify the applicant without undue delay of the detailed additional information required and take their final decision within 60 days of receipt of this additional information. However, with respect to medicines for which Member States use health technology assessment as part of their decision-making process, the time-limit shall be 90 days. With respect to generic medicinal products, that time limit shall be in all events 15 days, provided that the price of the reference medicinal product has been approved by the competent authorities. Member States shall not request any additional information which is not explicitly required under national legislation or administrative guidelines.
Amendment 126 #
2012/0035(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that an application to increase the price of the product can be submitted by the marketing authorisation holder at any point in time. The competent authorities shall provide the applicant with an official acknowledgement of receipt.
Amendment 156 #
2012/0035(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Marketing authorisation holders may apply for a derogation from a price freeze or price reduction if this is justified by particular reasons. The application shall contain an adequate statement of reasons. Member States shall ensure that applications for a derogation can be introduced by the marketing authorisation holder at any point in time. The competent authorities shall provide the applicant with an official acknowledgement of receipt.
Amendment 174 #
2012/0035(COD)
Proposal for a directive
Article 6
Article 6
Amendment 175 #
2012/0035(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that an application to include a medicinal product in the scope of the public health insurance system can be introduced by the marketing authorisation holder at any point in time. If the public health insurance system comprises several schemes or categories of coverage, the marketing authorisation holder shall be entitled to apply for the inclusion of its product in the scheme or category of its choice. The competent authorities shall provide the applicant with an official acknowledgement of receipt.
Amendment 195 #
2012/0035(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. If the information supporting the application is inadequate, the competent authorities shall forthwith notify the applicant without undue delay of the detailed additional information required and take their final decision within 60 days of receipt of this additional information. However, with respect to medicines for which Member States use health technology assessment as part of their decision-making process, the time-limit shall be 90 days. With respect to generic medicinal products, that time limit shall be 15 days, provided that the reference medicinal product has already been included in the public health insurance system. Member States shall not request any additional information which is not explicitly required under national legislation or administrative guidelines.
Amendment 218 #
2012/0035(COD)
Proposal for a directive
Article 8
Article 8
Amendment 229 #
2012/0035(COD)
Proposal for a directive
Article 10
Article 10
Amendment 230 #
2012/0035(COD)
Proposal for a directive
Article 11
Article 11
Amendment 236 #
2012/0035(COD)
Proposal for a directive
Article 12
Article 12
The time limits laid down in Articles 3, 4, 5 and 7 shall be construed as the period between the receipt of an application or additional information, as the case may be, and the effective entry into force of the correspondingissuing of the decision. All expert evaluations and administrative steps necessary for taking the decision and bringing it into effect shall be carried out within the prescribed time limits.
Amendment 256 #
2012/0035(COD)
Proposal for a directive
Article 15
Article 15
Amendment 260 #
2012/0035(COD)
Proposal for a directive
Article 16
Article 16
Amendment 271 #
2012/0035(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 – introductory part
Article 17 – paragraph 1 – subparagraph 1 – introductory part
1. Do 31. By 31 January of […] [insert a date - the year following the date referred to in the first subparagraph of Article 18(1)], and by 31 January and 1 July of every year thereafter, Member States shall communicate to the Commission and publish in an appropriate publication a detailed report providing the following information:
Amendment 274 #
2012/0035(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Commission shall publish every six months a reporta report once a year on the information submitted by Member States according to paragraph 1.
Amendment 275 #
2012/0035(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [last day of the 124th month following publication of this Directive in the Official journal of the European Union] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 276 #
2012/0035(COD)
Proposal for a directive
Article 19
Article 19
Amendment 33 #
2011/2320(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the European Council to give the necessary budgetary leeway and encouragement for investments in sustainable job creation; calls on Member States with a current account surplus to contribute to the reduction of macroeconomic imbalances by increasing internal demand in order to prevent a recessionary spiral detrimental to job growth across the EU;
Amendment 39 #
2011/2320(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the European Council to reinforce efforts to improve the Single Market, to enhance the digital economy and to focus on smart regulation to reduce unnecessary red tape;
Amendment 45 #
2011/2320(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the European Council to endorse the policy guidance to shift the tax burden and other costs away from labour, making hiring employees more attractive in order to improve the situation of vulnerable groups, young unemployed people, low- skilled workers, people with low incomes and second earners; calls on the European Council to endorse the guidance on increasing revenue through fair, effective and efficient taxation and better tax coordination to combat tax evasion;
Amendment 57 #
2011/2320(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the European Council to make tackling youth unemployment a priority and on Member States to develop comprehensive strategies for young people who are not in employment, education or training; calls on Member States to introduce a Youth Guarantee, securing the right of every young person in the EU to be offered a job, an apprenticeship, additional training or combined work and training after a maximum period of 4 months' unemployment; stresses the importance of reducing precarious employment among young people;
Amendment 71 #
2011/2320(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States to support initiatives that improve the environment for businesses, especially for SMEs and facilitate the development of sectors with the highest employment potential, particularly in the transformation to a sustainable economy (green jobs), such as health and social services (white jobs) and the digital, digital and new technologies economy;
Amendment 73 #
2011/2320(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on Member States to increase the coverage and effectiveness of public employment services and adopt effective active labour market policies mutually supported by adequate benefit systems in order to maintain employability and help people back to work, reform social benefit systems and adopt effective labour market incentives and welfare-to work programmes;
Amendment 77 #
2011/2320(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on Member States to support and develop conditions for more flexible working arrangements especially for older and younger workers and to promote workers' mobility; stresses the importance of increasing labour productivity and efficiency across the EU in order to regain Europe's competitiveness;
Amendment 98 #
2011/2320(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to invest inexpand investment and reform education, training, lifelong learning and informal and non- formal learning, and warns of the long- term social and economic costs of cuts in education budgets;
Amendment 99 #
2011/2320(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU and Member States to bridge the skills mismatches and shortages by improv; it is essential ing theis sense to anticipation ofe skills needs to prepare the workforce for the transitionand endow labour force with new skills in order to fight structural unemployment which reflects an economy's failure to a sdjustainable economy to changes in the global economy, including intensified competition;
Amendment 110 #
2011/2320(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to implement active inclusion strategies and adequate and affordable high-quality services and minimum income support to prevent marginalisation of low- income and vulnerable groups;
Amendment 1 #
2011/2315(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the resolution of 13 March 2008 on Armenia,
Amendment 37 #
2011/2315(INI)
Motion for a resolution
Paragraph 1 – point b a (new)
Paragraph 1 – point b a (new)
(b a) stress that it is essential to complete a transparent, independent and impartial investigation of the events of 1 March 2008, including an independent investigation of the police intervention during the dispersal of the demonstration;
Amendment 30 #
2011/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets thatWelcomes the fact that, even though the European framework agreement on harassment and violence at work (2007) is not binding; and for this reason calls on the Commission to submit a proposal for a directive on the prevention ofis not binding, in accordance with the subsidiarity principle, the various Member States use it as a basis for combating violence at work;
Amendment 34 #
2011/2147(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the ring-fencing of resources for labour inspection, high-quality standards in the education and training of labour inspectors, and tighter controls; calls forhigher-quality action in labour inspection, improved quality in the education and training of labour inspectors, and the carrying-out of controls with the necessary level of intensity; recommends guaranteesing that labour inspection is carried out independently of businesses;
Amendment 9 #
2011/2071(INI)
Draft opinion
Paragraph C
Paragraph C
C. whereas there is a need to ensure a strengthened interaction between employment, social and economic policies in the context of the European Semester, and whereas this has to be done in a manner fostering democratic accountability, ownership and legitimacy,
Amendment 42 #
2011/2071(INI)
Draft opinion
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Declares its readiness to engage in a regular policy dialogue and exchange of views with relevant stakeholders, including business sector, the social partners and NGOs, on the employment and social aspects of Europe 2020 and the European Semester, and in this framework:
Amendment 3 #
2011/2024(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the free movement of persons and of workers is one of the key benefits of European integcooperation;
Amendment 48 #
2011/2024(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to elaboratintroduce a common standard of registration of regulated professions and invite Member States to make use of it;
Amendment 56 #
2011/2024(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is convinced that an obligatory register, which should be made accessible to all the relevant authorities in Member States, is necessary in order to monitor persons whose professional licence has been revoked within any Member State; this register should be accessible to all the relevghlights that an extension antd public authorities concerned across all Member Statesroper utilisation of the IMI system, which would include a proactive alert mechanism, could be a solution;
Amendment 65 #
2011/2024(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for a pragmatic approach to language tesrequirements, where registration is possible without proof of language skills but areis permitted upon an offer of employmentpplication for employment; calls on the Commission to provide regulators with more flexibility to assess the language skills of professionals and highlights the special case of the health sector;
Amendment 80 #
2011/2024(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights that the proposals for a Professional Card have received a mixed response from stakeholders; argues that the introduction of any card must be preceded by thorough impact assessments and detailed evaluation studies; argues that any professional card scheme must remain voluntary and provide adequate data protection for professionals;
Amendment 52 #
2011/0439(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to encourage the involvement of small and medium-sized enterprises (SMEs) in the procurement market, it should be provided explicitly that contracts may be divided into lots, whether homogenous or heterogeneous. Where contracts are divided into lots, contracting entities may, for instancePublic procurement should be adapted to the needs of SMEs. Contracting authorities should make use of the Code of Best Practice providing guidance on how they may apply the public procurement framework in a way that facilitates SME participation. In order to encourage the involvement of small and medium-sized enterprises (SMEs) in the procurement market, contracting authorities should in particular give consideration to dividing contracts into lots, whether homogenous or heterogeneous, and ensure transparency in access to in forder to preserve competition or to ensure security of supply, limit the number of lots for which an economic operator may tender; they may also limit the number of lmation on their reasons for doing so or choosing nots that may be awarded to any one tenderero do so.
Amendment 53 #
2011/0439(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) (1) Member States should introduce measures to promote the access of SMEs to public procurement, in particular through improved information and guidance on tendering and on the new opportunities offered by the modernized EU legal framework, and to foster the exchange of best practice and the organisation of training and events involving public procurers and SMEs.
Amendment 60 #
2011/0439(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In line with the principles of equal treatment, traceability and transparency, the successful tenderer should not be replaced by another economic operator without reopening the contract to competition. However, the successful tenderer performing the contract may undergo certain structural changes during the performance of the contract, such as purely internal reorganisations, mergers and acquisitions or insolvency. Such structural changes should not automatically require new procurement procedures for all contracts performed by that undertaking.
Amendment 61 #
2011/0439(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 62 #
2011/0439(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 63 #
2011/0439(COD)
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
(59a) Citizens, concerned stakeholders, organised or not, and other persons or bodies which do not have access to review procedures pursuant to Council Directive 89/665/EEC do nevertheless have a legitimate interest as taxpayers in sound procurement procedures. They should therefore be given a possibility to signal possible violations of this Directive to a competent authority or structure. So as not to duplicate existing authorities or structures, Member States should be able to provide for recourse to general monitoring authorities or structures, sectoral oversight bodies, municipal oversight authorities, competition authorities, the ombudsman or national auditing authorities.
Amendment 88 #
2011/0439(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Groups of economic operators may submit tenders or put themselves forward as candidates. Contracting entities shall not establish specific conditions for participation of such groups in procurement procedures which are notadditional or different to those conditions imposed on individual candidates. In order to submit a tender or a request to participate, those groups shall not be required by the contracting entities to assume a specific legal form.
Amendment 133 #
Amendment 95 #
2011/0438(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Electronic means of information and communication can greatly simplify the publication of contracts, reduce administrative burdens such as transaction costs particularly for SMEs, and increase the efficiency and transparency of procurement processes. They should become the standard means of communication and information exchange in procurement procedures. The use of electronic means also leads to time savings. As a result, provision should be made for reducing the minimum periods where electronic means are used, subject, however, to the condition that they are compatible with the specific mode of transmission envisaged at Union level. Moreover, electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent, detect and correct errors that occur during procurement procedures.
Amendment 100 #
2011/0438(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) The importance of training the staff of contracting authorities and individual operators should be underlined, on the one hand, and skills and training requirements should be included in contracting specifications as a long term strategy, on the other; it should be stressed, however, that these latter actions must be directly linked to the subject matter of the contract, be proportionate and economically advantageous.
Amendment 106 #
2011/0438(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of competition, transparency, non- discrimination, cost-effectiveness and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting authorities require high- quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘'the most economically advantageous tender’' or ‘'the lowest cost’', taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions.
Amendment 108 #
2011/0438(COD)
Proposal for a directive
Recital 40
Recital 40
(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as development, production, use, maintenance and end- of- life disposal costs) and their external costs, provided they can be monetised and monitored. The notion of life-cycle shall not allow contracting authorities to take into consideration transportation, as this could raise barriers to trade within the Union, and discriminate against non local suppliers. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; adopted in close consultation with all stakeholders; whenever such a methodology is developed its use should be made compulsory.
Amendment 109 #
2011/0438(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with 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 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.
Amendment 110 #
2011/0438(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) The European public procurement market is more open than the markets of the EU's international partners and that, as a result, European companies cannot compete with third-country companies on a level playing field and continue to have difficulties in gaining access to third country markets; reciprocity should be ensured in order to open up the markets and ensure access to public procurement contacts, both in Europe and elsewhere, in accordance with agreements between the EU and third countries.
Amendment 113 #
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, while respecting the principle of subsidiarity, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation.
Amendment 114 #
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 directly 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.
Amendment 308 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point d
Article 66 – paragraph 2 – point d
Amendment 313 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point a
Article 67 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on thein close cooperation with stakeholders, is basised ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 315 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point b
Article 67 – paragraph 2 – subparagraph 1 – point b
(b) it has been tested and verified with suppliers and established for repeated or continuous application;
Amendment 318 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, itsuch legislative acts shall be adopted in close consultation with stakeholders. it Such common methodologies shall be applied where life- cycle costing is included in the award criteria referred to in Article 66(1).
Amendment 341 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 18 #
2011/0435(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) Modernizing the system for recognizing professional qualifications is vital to spur economic growth and innovation, add more flexibility to the labour market and respond to demographic shortages and structural unemployment in the EU.
Amendment 19 #
2011/0435(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In order to promote the free movement of professionals, while ensuring a more efficient and transparent recognition of qualifications it is necessarypossible to provide for a voluntary European Professional Card. In particular that card is necessaryuseful to facilitate temporary mobility and recognition under the automatic recognition system, as well as to promote a simplified recognition process under the general system. The card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities. The card should be tailored to individual professions and provide degree of flexibility for regulation in terms of its implementation. The functioning of the card should be supported by the Internal Market Information System (IMI) established by Regulation (EU) No […[...] on administrative cooperation through the Internal Market Information System. This mechanism should help enhance synergies and trust among competent authorities, while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals. The process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant. The card and the related workflow within IMI should ensure the integrity, authenticity, interoperability and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein.
Amendment 21 #
2011/0435(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The card should meet specific safety and data protection conditions, the necessary safeguards against abuse and date fraud must be established;
Amendment 38 #
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 introduce more flexibility and to clarify the role of competent authorities and employers notably in the interest of patients' 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.
Amendment 18 #
2011/0405(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Whilst it is in the Union's interest to contribute to the democratic development of its neighbours, the development of the European Neighbourhood Policy depends substantially on the willingness of the states concerned and their peoples to share the same values as those on which the Union is based.
Amendment 24 #
2011/0405(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) European Union external support has increasing financing needs but the economic and budgetary situation of the Union limits the resources available for such support. The Commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect. Such effect could be increased by enabling the use and re-use of funds invested and generated by financial instruments. It should also define clearly the priorities of the European Neighbourhood Policy, thereby setting criteria for the evaluation of achievements.
Amendment 54 #
Amendment 82 #
2011/0269(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to maintain the Europeansolidarity nature of the EGF at whole EU level, an application for support should be triggered when the number of redundancies reaches a minimum threshold. In small labour markets, such as small Member States or remote regions, and in exceptional circumstances, applications may be submitted for a lower number of redundancies. As regards farmers, the necessary criteria should be determined by the Commission in relation to the consequences of each trade agreement.
Amendment 94 #
2011/0269(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Financial contributions from the EGF should be primariexclusively directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment, either within or outside their initial sector of activity, including the agricultural sector. The inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted.
Amendment 103 #
2011/0269(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) When drawing up the coordinated package of active labour market policy measures, Member States should favour measures that will significantly contributelead to the reemployabilityment of the redundant workers. Member States should strive towards the reintegration into employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application.
Amendment 120 #
2011/0269(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In the interest of the redundant workers, the Member States and the Union institutions involved in the EGF decision- making process should do their utmost to reduce processing time and simplify procedures. Notes however that length of application and decision making procedure results from supranational character of the instrument and its reduction could lead to concerns of accountability;
Amendment 133 #
2011/0269(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Actions benefiting from financial contributions by the Fund pursuant to Article 2(a) and (b) shall aim to ensure that a minimum of 50 % of workers participating in these actions find stable employment within a year from the date of application.at effective and rapid integration of concerned workers into the labour market;
Amendment 202 #
2011/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a
Article 7 – paragraph 1 – subparagraph 1 – point a
(a) Tailor-made training and re-training, including information and communication technology skills and certification of acquired experience job- search assistance, job creation measures, occupational guidance, advisory services, mentoring, outplacement assistance, entrepreneurship promotion, aid for self-employment and business start-up or for changing or adjusting activity (including investments in physical assets), co-operation activities, tailor-made training and re-training, including information and communication technology skills and certification of acquired experience;
Amendment 208 #
2011/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b
Article 7 – paragraph 1 – subparagraph 1 – point b
(b) special time-limited measures, such as job-search allowances, employers' recruitment incentives, mobility allowances, subsistence or training allowances (including allowances for carers or farm relief services), all of which limited to the duration of the documented active job search or life-long learning or training activities;
Amendment 211 #
2011/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
Article 7 – paragraph 1 – subparagraph 1 – point c
(c) measures to stimulate in particular disadvantaged or older workers to remain in or return to the labour market.
Amendment 2 #
2010/2289(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission's approach putting dialogue and partnership at the core of the renewed single market, and calls for strengthened efforts of all stakeholders to ensure that this approach is put in practice so that the single market can play its full role in promoting agrowth and highly competitive social market economy;
Amendment 8 #
2010/2289(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that a more unified and competitive single market will become a reality only to the extent to which it succeeds to bring advantages for workers, students, pensioners or citizens in general, and for businesses, particularly SMEs, in their daily lives;
Amendment 9 #
2010/2289(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that good governance and legal certainty is crucial to achieve the economic and social objectives of the single market, including free movement of workers and pensioners, as well as the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion and a high level of education and training;
Amendment 6 #
2010/2278(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Takes the view that Europeans have not yet fully exploited the potential of the Single Market in many areas, including free circulation of persons, goods and services and that new incentives are needed ion particular to ensure effective geographical labour mobility across Europe;
Amendment 7 #
2010/2278(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that the Single Market for Europeans is primarily about jobs and creating new jobs and that it is vital to create an environment where businesses and citizens can fully exercise their rights;
Amendment 4 #
2010/2277(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the Single Market can and should be re-launched so as toand fully completed so as to further boost Europe's competitiveness and productivity and offer more growth and more and better jobs for European businesses, workers and consumers;
Amendment 8 #
2010/2277(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that a single market based on free and fair competition is the EU's crucial economic reform goal and represents a key competitive advantage for Europe in the global economy;
Amendment 49 #
2010/2277(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates the need to create a more SME-friendly regulatory environment by carefully assessing the impact of any new regulatory or legislative measures on SMEs; calls also for better reinforcement and an increased role and greater political will on the part of the Member States to improve the single market;
Amendment 58 #
2010/2277(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Suggests a "SME Test" to form part of the impact assessment of proposed any new legislation to ensure that future proposals will not put small enterprises at a competitive disadvantage;
Amendment 64 #
2010/2277(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Stresses the importance of better communication and extension of the internal market information system as it essential to provide especially SME with clear information on internal market;
Amendment 26 #
2010/2274(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Member States, in accordance with Article 14 of the directive on the application of patients’ rights in cross-border healthcare, to draw up at the earliest opportunity a non-exhaustive list of data that are to be included in patients' summaries and that can be shared between health professionals to enable continuity of care and patient safety, and to take the necessary steps to ensure that operators of the emergency number have access to these data.
Amendment 11 #
2010/2273(INI)
Motion for a resolution
Recital B
Recital B
(B) whereas worker mobility in Europe is – in comparison with other currency unions – very low in relative terms; whereas currently only 2.3% of people in the EU reside in a Member State other than their own but 17% envisage working abroad in the future and 48% would consider seeking jobs in another country or region in the event of redundancies,
Amendment 15 #
2010/2273(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
(Ba) whereas insufficiently flexible labour laws impair workers' mobility in Europe,
Amendment 54 #
2010/2273(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 62 #
2010/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that, for the efficient implementation of all policies tackled by the free movement of workers, action must be coordinated, especially in the fields of completion of the internal market, coordination of social security systems, supplementary pension rights, protection of workers, cross-border health care, education and vocational training, tax measures such as those designed to avoid double taxation, and anti- discrimination;
Amendment 70 #
2010/2273(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that an efficient implementation of the free movement of workers calls for coordinated action by the European and national authorities to facilitate and simplify administrative procedures on issues indirectly linked to this right, such as the transfer of vehicle registrations and, the guarantee of continuity of health care (for example, medical records), avoidance of double taxation, clear rules on the reimbursement of medical expenses, etc.;
Amendment 112 #
2010/2273(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 134 #
2010/2273(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that skills and knowledge corresponding to specific national, regional or local market needs will foster workers’ mobility, and requests the Commission to develop a roadmap for demands for skills and a mid- and long- term assessment regarding future jobs, as well as mid- and long-term forecasts for labour shortages in selected occupations which may arise as a result of demographic change and the ageing of the population;
Amendment 142 #
2010/2273(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 111 #
2010/2272(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that disability requires both a social and a healthcare approach; these services should support and complement one another so as to allow people with disabilities to lead a dignified life and enjoy healthy and active ageing;
Amendment 146 #
2010/2272(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that people with disabilities are entitled to cross-border health care and should be granted equal access to health care in any EU Member State, all the more so if they need highly specialised care;
Amendment 161 #
2010/2272(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Is aware of the lack of equal access to health care, including access to health and healthcare information, and calls on the European Commission to speed up its work on recommendations that will support equal access to health services and equal access to information on health and health care;
Amendment 186 #
2010/2272(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the exceptional importance of employing disabled people on the ordinary labour market; is aware of the great need for more flexible legal forms of employment relations with an emphasis on modern forms of employer-employee relations, and calls on the Commission and Member State governments to adopt legal and financial measures that will effectively support the employment of people with disabilities;
Amendment 241 #
2010/2272(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses the importance of switching from institutional to community care and calls on the European Commission and Member State governments to take active and effective steps to support this change effectively;
Amendment 7 #
2010/2245(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the importance of research in the medical sector, which combined with innovative applications, will foster growth and well-being in an ageing society; Supports close co-operation between university research departments and the medical industry to generate products and services that citizens in the EU will urgently need over the next decade;
Amendment 15 #
2010/2245(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends involving all citizens in innovation and empowering them to innovate to develop entrepreneurship spirit, supports the Commission's proposal for a European social innovation pilot project and its proposal that social innovation should become a central priority of European Social Fund (ESF) programmes;
Amendment 23 #
2010/2245(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of raising the levelquality of the training, particularlyaccess to lifelong learning and vocational training, and developing training activities better to enhance innovativeness and entrepreneurship;
Amendment 36 #
2010/2245(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights the importance of cutting red tape and obstacles to the mobility of researchers in order to ensure they can bring ideas and innovative solutions and technologies from other innovative economies to the European Union;
Amendment 28 #
2010/2157(INI)
Draft opinion
Paragraph 4 – indent 1 a (new)
Paragraph 4 – indent 1 a (new)
- supporting the employment of older persons by means of greater flexibility in employment relations,
Amendment 9 #
2010/2089(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, while citizens live, on average, longer and healthier lives than previous generations, the EU is faced in the context of an ageing population with an important challenge, namely the large gaps in health which exist between and within EU Member States,
Amendment 20 #
2010/2089(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas health inequalities are also caused by unequal access of citizens to information about health and illness, healthy life styles, effective disease prevention, early detection and proper treatment,
Amendment 21 #
2010/2089(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas to make informed decisions about their own health and how to care for it, citizens need access to information about their health and health care, in the form of both a pull-out and a push-out system,
Amendment 22 #
2010/2089(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas, apart from genetic determinants, health is influenced above all by citizens’ life styles, by their access to care for their own health and to disease prevention,and by their access to treatment for short-term and long-term illnesses,
Amendment 26 #
2010/2089(INI)
Motion for a resolution
Recital D
Recital D
D. whereas inequalities in health between people in higher and lower educational, occupational and income groups have been found in all Member States, a fact which is also connected with a lower level of awareness amongst citizens about health and disease, healthy life styles, effective disease prevention, early detection and proper treatment,
Amendment 44 #
2010/2089(INI)
Motion for a resolution
Recital H
Recital H
H. whereas health inequalities are due to differences between population groups in a wide range of factors which affect health, including: living conditions; health-related behaviours;citizens’ access to care for their own health and to disease prevention, and also to treatment for short-term and long-term illnesses, including access to information about health and disease; education and health education, occupation and income; health care, disease prevention and health promotion services; and public policies influencing the quantity, quality and distribution of these factors,
Amendment 63 #
2010/2089(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the combination of poverty with other vulnerabilities, such as childhood or old age, disability or minority background, further increases health riskinequalities,
Amendment 72 #
2010/2089(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the key suggestions made by the Commission in its Communication entitled ‘Solidarity in health: reducing health inequalities in the EU’: 1) making a more equitable distribution ofaccess to health care part of our overall goals for social and economic development, 2) improving the collection of data and knowledge basesabout social inequalities in health (including measuring, monitoring, evaluation, and reporting), 3) building commitment across society for reducing health inequalities, 4) meetingresponding to the needs of vulnerable groups, and 5) developing the contribution of EU policies to the reduction of health inequalities;
Amendment 85 #
2010/2089(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that health is decisively influenced by citizens' behaviour, their life style, their access to care for their own health and to disease prevention, and also their access to treatment for short-term and long-term illnesses, and therefore stresses the importance of support for health, health education, measures to encourage a healthy life style, prevention and proper access to diagnostics and treatment of disease;
Amendment 108 #
2010/2089(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to cooperate and to pay greater attention to health promotion, to health education to promoting a healthy lifestyle, to prevention and to ensuring that a sound approach is taken to the diagnosis and treatment of diseases;
Amendment 116 #
2010/2089(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages all the Member States to invest in social, educational, environmental and health services infrastructure and to pass on information on good practice;
Amendment 118 #
2010/2089(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Member States to ensure that information on health, healthy lifestyles, healthcare, prevention opportunities, early diagnosis of diseases and suitable treatments is available in a form and in languages that everyone can understand, using new information and communication technologies, with particular reference to online health services;
Amendment 119 #
2010/2089(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Member States to ensure that, in line with the Commission communication on a Digital Agenda for Europe, their citizens have access to information on their health and on the healthcare that is available, so as to enable them fully and freely to participate in the making of decisions concerning their own health and healthcare and to take their own share of responsibility for their health;
Amendment 120 #
2010/2089(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Member States to promote the introduction of telemedicine technologies, which can significantly reduce geographical disparities in access to certain types of healthcare, with particular reference to specialist care, in particular in border regions;
Amendment 124 #
2010/2089(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to promote policies aiming at ensuring healthy life conditions and healthy-lifestyle information for all children, including actions to support pregnant women and parents;
Amendment 146 #
2010/2089(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that, in addition to national governments, regional authorities in many countries have an important role in public health and health services and thus need to be actively involved; points out that local governments, workplaces, and other stakeholders also have a vital contribution to make, in particular as regards providing patients with information on health and sickness, healthy lifestyles, effective disease prevention, early diagnosis of diseases and appropriate treatments;
Amendment 155 #
2010/2089(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Council and the Commission to give greater recognition within the Europe 2020 strategy to the fact that health and well-being are key to fighting exclusion and to include indicators stratified by socio-economic status and the state of public health in the monitoring of the Europe 2020 strategy;
Amendment 156 #
2010/2089(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 157 #
2010/2089(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Commission to continue to develop, in conjunction with the Member States, the standards and procedures required in order for citizens to have access to information on their own health and on healthcare, so as to enable them to participate effectively in the making of decisions concerning their own health and to take their own share of responsibility;
Amendment 158 #
2010/2089(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Calls on the Commission to foster, in conjunction with the Member States, the development of telemedicine services as a means of reducing geographical disparities in healthcare provision at both regional and local levels;
Amendment 164 #
2010/2089(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and Member States to develop aimprove the quality of the common set of indicators to monitor health inequalities by age, sex, socio-economic status and geographic dimension and to set a methodology to audit the health situation in Member States aimed at identifying and prioritising areas of improvement and best practices;
Amendment 172 #
2010/2089(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to ensure that the reduction of health inequalities is fully addressed in, among other things, the future initiative on healthy, active ageing;
Amendment 175 #
2010/2089(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop ways to engage and involve all the relevant stakeholders at European level in promoting the uptake and dissemination of good practice in the public health sphere;
Amendment 178 #
2010/2089(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to assist Member States in making better use of EU cohesion policy and structural funds in order to support projects to address factors contributing to health inequalities; calls also on the Commission to support activities financed underhelp Member States make better use of the PROGRESS programme;
Amendment 189 #
2010/2089(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 196 #
2010/2089(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 53 #
2010/2084(INI)
Motion for a resolution
Recital G
Recital G
G. whereas dementia is not only a devastating disorder for the patients themselves, but also a very heavy burden placed on the shoulders of the patients’ relatives and other persons close to them, given the emotional, physical and financial difficulties faced by the relatives and friends of those affected by all types of dementia,
Amendment 54 #
2010/2084(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas there is a shortfall in capacity in institutional care for people suffering from Alzheimer's disease, and that shortfall will worsen in future; whereas there is a shortage of health care professionals and social workers caring for people suffering from Alzheimer's, and that shortage will increase in future; whereas at the same time it is clear that the best thing for such people is to assist them to remain in their familiar environment at home,
Amendment 56 #
2010/2084(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas modern telemedicine services can deliver very effective support for patients suffering from Alzheimer's, and for their carers, and can thus contribute to a better quality of life for patients in their familiar environment and provide a good alternative to institutional care,
Amendment 141 #
2010/2084(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to draw up guidelinerecommendations for the training of staff who work in whatever capacity with Alzheimer’s patients (medical and paramedical professions), and for the training of family carers and other informal carers to ensure competent and effective use of the existing resources;
Amendment 159 #
2010/2084(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages Member States to develop services with the core principle of maximising coverage and ensuring equity of access, to benefit people with dementia regardless of age, gender, wealth, disability, and rural or urban residence, ; considers it essential in the development and wider deployment of these services to lay the emphasis on support for provision of care in the patient's home, support for home-visit or out-patient services and especially support for informal carers looking after the patient; points to the possibility of using information and communication technologies (telemedicine) to support patients and their carers as an alternative to institutional care;
Amendment 1 #
2010/2053(INI)
Draft opinion
Recital A
Recital A
A. whereas the internal services market must develop fully whilst preserving the European social model,
Amendment 7 #
2010/2053(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas implementation of the Services Directive remains a crucial instrument for the completion of the single market,
Amendment 9 #
2010/2053(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas service sector accounts for 70% jobs and GDP in the European Union,
Amendment 15 #
2010/2053(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Hopes that the Services Directive will genuinely have a positive impact by creating jobs and improving the quality and safety and widening supply of services provided;
Amendment 20 #
2010/2053(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 36 #
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 ever 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, while respecting the subsidiarity principle;
Amendment 15 #
2010/2027(INI)
Motion for a resolution
Recital C
Recital C
C. convinced that demographic change is manageable and sustainable and if it is properly anticipated and taken seriously,; is of the view that demographic issue should be addressed with a sense of long term strategic purpose;
Amendment 53 #
2010/2027(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that European economies faced with demographic challenges need competitive companies resulting from low fiscal and bureaucratic burden and reformed state sector; competitive and innovative private sector is a key element in creating new job opportunities across generations ;
Amendment 74 #
2010/2027(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 87 #
2010/2027(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that flexisecuritygreater flexibility in employment relations can ease the transitions between the various stages of people’s working lives, provided that it is based on solidarity between the generations and takes the concerns and needs of all age groups into account;
Amendment 123 #
2010/2027(INI)
Motion for a resolution
Paragraph 17 – point i
Paragraph 17 – point i
i) increasing the proportion of the workforce, of both sexes, aged over 50 in paid employment to 55%,
Amendment 146 #
2010/2027(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Argues that older people's employability also depends on initiatives on the part of employers in the fields of health, further training, work patterns, job satisfaction und management behaviour, and that such initiatives should be devised jointly by the social partners;
Amendment 180 #
2010/2027(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the family is the cornerstone of our society and is inherently associated with the transmission of values and with cooperation in a spirit of solidarity; emphasises too that work and family life are rendered compatible in all the Member States through the provision of affordable, high-quality care and education for young children;
Amendment 181 #
2010/2027(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses the fact that elderly people often play an important role in the family by taking care of children, with the provision of childcare during school holidays and after school, which constitutes a high value in general as well as representing a significant economic value.
Amendment 183 #
2010/2027(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 205 #
2010/2027(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls attention to the fact that social security systems face major challenges and that the risk of poverty in old age is increasing; argues that the priority concern in retirement provision is the ability to plan with certaintyMember states should be proceeding to ambitious structural reforms and search for new ways of sustainable financing of health care and pensions;
Amendment 222 #
2010/2027(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that migration, combined with successful integration, including economic integration, can be is one of the ways of coping with demographic change and that too many people from a migrant background do not yet feel that they belong in the Member States where they live;
Amendment 223 #
2010/2027(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Is convinced that open and sincere debate is essential in order to discuss different immigration policies, admission conditions for immigrants and their economic perspectives, the problems of illegal immigration, growing unemployment rate among immigrants due to the current economic crisis and effective measures to avoid the situation of social and cultural isolation of newcomers;
Amendment 240 #
2010/2027(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Emphasises that, irrespective of their income level, age or social status or the degree of health risk they face, people mustshall receive affordable, high-quality medical treatment and care, according to the economic affordability of each Member state; as there must be a direct relationship between social rights and economic affordability;
Amendment 249 #
2010/2027(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 10 #
2010/0380(COD)
Proposal for a regulation
Citation 4
Citation 4
Amendment 11 #
2010/0380(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The diversity and evolution of the conditions under which professional activities are pursued make it necessary to take inAnnex III to Council Regulation (EEC) 3922/91 on the harmonisation of technical requirements and administrative procedures for the field of civil aviation1 defines the concept "home base" for aircrew members under Union law. In order to faccount the situation of highly mobile workers. New labour supply structures have become evident amongst others in the air transport sector. Lilitate the application of Title II of the Regulation (EC) No 883/2004 for this group of persons, it is justified to create a special rule by using this notion of "home base" as the criterion for determinking the applicable legislation for aircrew members to. On the Member State where thother hand, the applicable rlegistered office or place of business of the undertaking or employer employing him/her is situated only is effective if there is a sufficiently close connection to the registered office or place of business. For aircrew members it is considered appropriate to refer to ‘home base’ as specification of the notion of ‘registered office lation for aircrew members should remain stable and the "home base" principle should not result in frequent changes of applicable legislation due to the industry’s work place of business’ for the application of Regulation (EC) No 883/200atterns or seasonal demands. _________________ 1 OJ L 373, 31.12.1991, p. 4.
Amendment 13 #
2010/0380(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A new Article 65 (5) ofa should be inserted into Regulation (EC) No 883/2004 should be amendedin order to ensure that a self-employed personsfrontier worker who becomes wholly unemployed receives benefits, in accordance with the legislation of the competent Member State to offer them the best prospects of re-integrating into the labour marketf he/she has completed periods of insurance as a self-employed person or periods of self- employment recognised for the purposes of granting unemployment benefits in the competent Member State and if no unemployment benefits system covering self-employed persons exists in their Member State of residence when return. Such a new provision should be reviewed ing to that Statehe light of the experience after two years of implementation and, if necessary, adjusted.
Amendment 14 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EC) No 883/2004
Recital 18 b (new)
Recital 18 b (new)
-1. The following recital is inserted after Recital (18a): "18b. Annex III to Council Regulation (EEC) 3922/91 on the harmonisation of technical requirements and administrative procedures for the field of civil aviation1 defines the concept "home base" for aircrew members as the location nominated by the operator to the crew member from where the crew member normally starts and ends a duty period, or a series of duty periods, and where, under normal conditions, the operator is not responsible for the accommodation of the crew member concerned. In order to facilitate the application of Title II for this group of persons, it is justified to use this notion of "home base" as the criterion for determining the applicable legislation for aircrew members. On the other hand, the applicable legislation for aircrew members should remain stable and the "home base" principle should not result in frequent changes of applicable legislation due to the industry's work patterns or seasonal demands. _____________ 1 OJ L 373, 31.12.1991, p. 4."
Amendment 15 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 883/2004
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In Article 9(1), the first sentence paragraph 1 is replaced by the following: "1. The Member States shall notify the European Commission in writing of the declarations made in accordance with Article 1 letter (l), the legislation and schemes referred to in Article 3, the conventions entered into as referred to in Article 8(2) and, the minimum benefits referred to in Article 58, as well as substantive amendments made subsequently." and the lack of an insurance system as referred to in Article 65a(1), as well as substantive amendments made subsequently. Such notifications shall indicate the date [...] from which this Regulation will apply to the schemes specified in the declarations by the Member States."
Amendment 16 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EC) No 883/2004
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
2a. The following paragraph is added to Article 11: "4a. An activity as an aircrew member performing air passenger or freight services shall be deemed as an activity pursued in the Member State where the home base, as defined in Annex III to Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation1, is located. _________________________ 1 OJ L 373, 31.12.1991, p. 4."
Amendment 19 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 883/2004
Article 36 – paragraph 2 a
Article 36 – paragraph 2 a
2a. The competent institution may not refuse to grant the authorisation provided for in Article 20(1) to an insured person who has sustained an accident at work or has contracted an occupational disease and who is entitled to benefits chargeable to that institution, where the treatment appropriate to his/her condition cannot be given in the Member State in which the person resides within a time limit which is medically justifiable, taking into account his/her current state of health and the probable course of his/her illness."
Amendment 20 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EC) No 883/2004
Article 63
Article 63
5a. Article 63 is replaced by the following: "For the purpose of this Chapter, Article 7 shall apply only in the cases provided for by Articles 64, 65 and 65a and within the limits prescribed therein."
Amendment 21 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 883/2004
Article 65 – paragraph 5
Article 65 – paragraph 5
Amendment 23 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Regulation (EC) No 883/2004
Article 65 a (new)
Article 65 a (new)
The following Article is inserted after Article 65: "Article 65a Special provisions for wholly unemployed self-employed frontier workers where no unemployment benefits system covering self-employed persons exists in the Member State of residence. 1. By way of derogation from Article 65, a wholly unemployed person who as a frontier worker most recently completed periods of insurance as a self-employed person or periods of self-employment recognised for the purposes of granting unemployment benefits and whose Member State of residence has submitted notification that no possibility exists for any category of self-employed persons to be covered by the unemployment benefits system in that Member State, shall register with and make himself/herself available to the employment services in the Member State in which he/she pursued his/her last activity as a self- employed person and continuously adhere to the conditions laid down under the legislation of the latter Member State when he/she applies for benefits. The wholly unemployed person may, as a supplementary step, make himself/herself available to the employment services of the Member State of residence. 2. Benefits shall be provided to the unemployed person referred to in paragraph 1 by the Member State to whose legislation he/she was last subject in accordance with the legislation that that Member State applies. 3. If the person referred to in paragraph 1 does not wish to become or remain available to the employment services of the Member State of last activity after having been registered there, and wishes to seek work in the Member State of residence, the provisions of Article 64 shall apply mutatis mutandis, except for Article 64(1)(a). The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits."
Amendment 25 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Regulation (EC) No 883/2004
Article 87 a (new)
Article 87 a (new)
The following Article is inserted: "Article 87a Transitional provision for application of Regulation (EC) No xx/2012. 1. If, as a result of Regulation (EU) No xx/2012, a person is subject to the legislation of a Member State other than the one determined in accordance with Title II of this Regulation, as applicable before ...*, that legislation shall continue to apply as long as the relevant situation remains unchanged and, in any case, for no longer than 10 years from ...**, unless the person concerned requests that he/she be subject to the legislation applicable under this Regulation as amended by Regulation (EU) No xx/2012. The request shall be submitted within three months after ...*** to the designated institution of the Member State of residence if the person concerned is to be subject to the legislation determined under this Regulation as amended by Regulation (EU) No xxx/2012. If the request is made after the time limit indicated, the change of applicable legislation shall take place on the first day of the following month. 2. No later than the second calendar year after ....*****, the Administrative Commission shall evaluate the implementation of the provisions set up in Article 65a and present a report on their application. On the basis of this report, the European Commission may, as appropriate, submit proposals to amend those provisions. __________________ * OJ insert the date of entry into force of Regulation (EU) No xxx/2012 ** OJ insert the date of entry into force of Regulation (EU) No xxx/2012 *** OJ insert the date of entry into force of Regulation (EU) No xxx/2012 **** OJ insert the date of entry force of Regulation (EU) No xxx/2012 ***** OJ insert the date of entry force of Regulation (EU) No xxx/2012."
Amendment 26 #
2010/0380(COD)
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
Regulation (EC) No 987/2009
Article 14 – paragraph 5
Article 14 – paragraph 5
5. For the purposes of the application of Article 13(1) of the basic Regulation, a person who “'normally pursues an activity as an employed person in two or more Member States”' shall refer to a person who simultaneously, or in alternation, for the same undertaking or employer or for various undertakings or employers, exercises one or more separate activities in two or more Member States, with the exception of marginal activities.
Amendment 28 #
2010/0380(COD)
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
Regulation (EC) No 987/2009
Article 14 – paragraph 5 a – subparagraph 2
Article 14 – paragraph 5 a – subparagraph 2
Amendment 30 #
2010/0380(COD)
Proposal for a regulation
Article 2 – point 3 a (new)
Article 2 – point 3 a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 5 b (new)
Article 14 – paragraph 5 b (new)
(3a) In Article 14, the following paragraph 5b is added: "5b. Marginal activities shall be disregarded for the purpose of determining the applicable legislation under Article 13 of the basic Regulation. Article 16 of the implementing Regulation applies in these cases mutatis mutandis."
Amendment 31 #
2010/0380(COD)
Proposal for a regulation
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
Regulation (EC) No 987/2009
Article 55 – paragraph 1
Article 55 – paragraph 1
5a. In Article 55, paragraph 1, the first sentence is replaced by the following: "1. In order to be covered by Article 64 or Article 65a of the basic Regulation, the unemployed person who intends to go to another Member State shall inform the competent institution prior to his/her departure and request a document certifying that he/she retains entitlement to benefits subject to the conditions laid down in Article 64(1)(b) of the basic Regulation."
Amendment 32 #
2010/0380(COD)
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
Regulation (EC) No 987/2009
Article 55 – paragraph 7
Article 55 – paragraph 7
7. Paragraphs 12 to 6 shall apply mutatis mutandis to the persons refsituation coverred to inby Article 65(5)(b) ofa(3) referred to in the basic Regulation, except for paragraph 1 (c) of this Article.
Amendment 33 #
2010/0380(COD)
Proposal for a regulation
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
Regulation (EC) No 987/2009
Article 56 – paragraph 1
Article 56 – paragraph 1
7. In Article 56, paragraph 1 is replaced by the following: "Where the unemployed person decides, in accordance with Article 65(2) or 65a(1) of the basic Regulation, to make him/herself also available to the employment services in the Member State not providing the benefits by registering there as a person seeking work, he/she shall inform the institution and the employment services of the Member State providing the benefits. At the request of the employment services of the Member State not providing the benefits, the employment services in the Member State providing the benefits shall send the relevant information concerning the unemployed person’s registration and his/her search for employment."
Amendment 26 #
2010/0242(COD)
Proposal for a decision
Recital 3
Recital 3
(3) Pursuant to Article 25 of the Charter of Fundamental Rights, the Union recognises and respects the rights of the elderly toolder people to have access to appropriate health and social support, lead a life of dignity and independence and to participate in social and cultural life.
Amendment 27 #
2010/0242(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) Ageing is undoubtedly a challenge for the whole of society and for all generations in Europe, but it is also a matter of intergenerational solidarity and above all the role of the family.
Amendment 30 #
2010/0242(COD)
Proposal for a decision
Recital 4
Recital 4
(4) Successive European Councils have recognised the need to tackle the effect of ageing populations on European social models. A key response to this rapid change in the age structure consists in promoting healthy and active ageing and thus ensuring that the baby boom cohorts, who are, on the whole, healthier and better educated than any such cohort before them, have good opportunities for employment and active participation in society. Flexibility in labour relations – especially so-called atypical contracts – must be promoted so as to ensure that everyone will be able to work in accordance with their circumstances.
Amendment 39 #
2010/0242(COD)
Proposal for a decision
Recital 5
Recital 5
(5) The growing proportion of older people in Europe makes it more important than ever to promote healthy ageing. A crucial factor in this is access to health and social services. Healthy ageing can help raise labour market participation of older people, enable them to be active in society for longer, improve their individual quality of life and curb the strains on health and social care systems.
Amendment 49 #
2010/0242(COD)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) Further measures must be taken to combat the information isolation of the ageing generation. Access to and use of the new technologies is a basic condition for active ageing and social inclusion.
Amendment 55 #
2010/0242(COD)
Proposal for a decision
Recital 7
Recital 7
(7) The Council adopted on 22 February 2007 a resolution on ‘Opportunities and challenges of demographic change in Europe: the contribution of older people to economic and social development’, which emphasised the need to increase the possibilities of active participation by older people, the new economic opportunities (‘silver economy’) created by the growing demand of older people for certain goods and services as well as the importance of the best possible health and quality of life (which includes access to appropriate and high quality health care) and a positive public image of older people.
Amendment 62 #
2010/0242(COD)
Proposal for a decision
Recital 11
Recital 11
(11) The Council adopted on 7 June 2010 Conclusions on ‘Active Ageing’, inviting the Commission ‘to pursue the preparation of a European Year for Active Ageing in 2012 during which the benefits of healthy and active ageing and its contribution to solidarity between generations can be highlighted and promising initiatives in support of healthy and active ageing at all levels can be publicised’.
Amendment 68 #
2010/0242(COD)
Proposal for a decision
Recital 12
Recital 12
(12) The Commission proposed in its proposal for a Council Decision on ‘Guidelines for the employment policies of the Member States’ of 27 April 2010, which calls under the guidelines 7 and 8 on Member States to increase labour force participation through policies to promote healthy and active ageing, to raise employment rates of older workers through innovation in work organisation and to increase the employability of older workers through up- skilling and participation in lifelong learning schemes. Guideline 10 emphasises the need to enhance social protection systems, lifelong learning and active inclusion policies with the aim to create opportunities at different stages of people's lives and shield them from the risk of social exclusion.
Amendment 78 #
2010/0242(COD)
Proposal for a decision
Recital 15
Recital 15
(15) Active and healthy ageing is targeted by several Union programmes, such as the European Social Fund, the European Regional and Development Fund, the PROGRESS programme, the Life Long Learning Programme, the Public Health Programme, the specific programmes on information and communication technologies and on socio-economic sciences and humanities in the Seventh Framework Programme for Research and Development, the Action Plan on ‘Ageing well in the information society’, the Ambient Assisted Living (AAL) Joint Programme for research and innovation, the Competitiveness and Innovation Programme with pilot deployment projects on ICT for Ageing Well and the Action Plan on urban mobility. Union co- financing of European Year activities will be in accordance with the priorities and rules applying, on an annual or multi- annual basis, to existing programmes and autonomous budget lines in the field of employment, social affairs and equal opportunities. Where appropriate, programmes and policies in other fields, such as education and culture, health, research, the information society, regional policy and transport policy, may support the European Year.
Amendment 95 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The overall purpose of the European Year shall be to encourage and support the efforts of Member States, their regional and local authorities, social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above, thereby preserving solidarity between generations. Active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market, combating social exclusion by fostering active participation in socieGood health is a precondition for active ageing. Support for healthy ageing and measures to promote health ageing should therefore be an integral part of the European Year. Active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market, by means of greater flexibility in labour relations, among other things, combating social exclusion by fostering active participation in society and by providing high-quality and accessible social services that permit ageing with dignity, and encouraging healthy ageing. On this basis, the objectives shall be:
Amendment 104 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) to raise general awareness of the value of healthy and active ageing in order to highlight the useful contribution older persons make to the family, society and the economy, to promote active ageing andnd permit active participation in the labour market by people over the age of 55, to support mentoring in relations with the younger generations and generally to do more to mobilise the potential of older persons;
Amendment 111 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) to stimulate debate and develop mutual learning between Member States and stakeholders at all levels in order to promote healthy and active ageing policies, to identify and disseminate good practice and to encourage cooperation and synergies;
Amendment 117 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) to offer a framework for commitment and concrete action to enable Member States and stakeholders at all levels to develop policies and a horizontal approach through specific activities and to commit to specific objectives related to healthy and active ageing (including measures to facilitate access to appropriate and high quality health and social care).
Amendment 131 #
2010/0242(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
– conferences, events and initiatives, in which the business sector and SMEs will be closely involved, to promote debate, raise awareness and foster the making of specific commitments contributing to sustainable and long-lasting outcomes through evaluation of effective methods and measures for future initiatives and activities in the field of active ageing;
Amendment 135 #
2010/0242(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– information, promotion and educational campaigns in a form adapted to national, regional or local circumstances and to targeted groups; making use of multimedia and innovative and new methods;
Amendment 150 #
2010/0242(COD)
Proposal for a decision
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The Commission shall take into account the potential of crossborder activities on a regional or local level for achieving the objectives set out in Article 2.
Amendment 157 #
2010/0242(COD)
Proposal for a decision
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
The Commission shall, for the purpose of evaluation, encourage national statistical offices to pay special attention to evaluating the activities set out in Article 3(1) that took place within their territory during the European Year, in particular by taking account of public support.
Amendment 40 #
2010/0115(NLE)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5 a) Apart from new EU legislative initiatives with a social focus, the European Union needs significantly to improve its existing policies and their implementation.
Amendment 46 #
2010/0115(NLE)
Proposal for a decision
Recital 6
Recital 6
(6) The financial and economic crisis that started in 2008 resulted in a significant loss in jobs and potential output and has led to a dramatic deterioration in public finances. The European Economic Recovery Plan7 has nevertheless helped Member States to deal with the crisis, partly through a coordinated fiscal stimulus, with the euro providing an anchor for macroeconomic stability. The crisis therefore showed that coordination of some of the Union's policies can deliver significant results if it is streeffective while respecting thened and rendered effectiv subsidiarity principle. The crisis also underscored the close interdependence of the Member States" economies and labour markets.
Amendment 61 #
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 ambitiousstructural reforms to ensure macroeconomic stability and the sustainability of public finance, improve competitiveness, reduce macroeconomic imbalances and enhance productivity and labour market performance. The withdrawal of the fiscal stimulus should be implemented and coordinated within the framework of the Stability and Growth Pact.
Amendment 77 #
2010/0115(NLE)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9 a), In order to boost economic growth, Member States should fight measures that slow it down e.g. the bureaucratic burden, excessive regulation and standards, high taxes and protectionist tendencies.
Amendment 78 #
2010/0115(NLE)
Proposal for a decision
Recital 9 b (new)
Recital 9 b (new)
(9 b) Achieving a deep and efficient single market is a key element for ensuring the EU's overall macroeconomic performance; it is particularly crucial for the solidity of the economic and monetary union to deliver economic benefits, restore growth and create new job opportunities.
Amendment 96 #
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 particularly that brought about by new technologies, automation and the computing revolution, 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. They should also make sure that the benefits of economic growth reach all citizens and all regions. Ensuring effective functioning of thflexible labour markets through investing in successful transitions, appropriate skills development, rising job quality and fighting segmentation, 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 113 #
2010/0115(NLE)
Proposal for a decision
Recital 13
Recital 13
(13) The Europe 2020 strategy has to be underpinned by an integrated set of policies, which Member States should implement fully and at the same pace, in order to achieve the positive spill-over effects of coordinated structural reforms.
Amendment 121 #
2010/0115(NLE)
Proposal for a decision
Recital 14
Recital 14
(14) While these guidelines are addressed to Member States, the Europe 2020 strategy should be implemented in partnership with all national, regional and local authorities, closely associating parliaments, as well as social partners and representatives of civil society, who shall contribute to the elaboration of national reform programmes, to their implementation and to the overall communication on the strategy as social policies have to respond to local circumstances and preferences.
Amendment 161 #
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 reinforcinglabour market flexibility are essential. 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.
Amendment 182 #
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.
Amendment 15 #
2009/2222(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Treaties affirm the Member States’ objective as the constant improvement of living and working conditions, and the Union’s aim as the well-being of its peoples, to be achieved through sustainable development of Europe based on balanced economic growth, a highly competitive social market economy aiming at full employment and social progress, protection and improvement of the environment, combating social exclusion and discrimination and inequalities in access to health care, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child,
Amendment 46 #
2009/2222(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that SSGI are funded mainly by the Member States as they fall primarily within their field of competence; considers nevertheless that the European Union can play an important role and assist Member States in their modernisation and adjustment to new conditions, and possibly give voice to citizens' requirements regarding the quality and scope of services;
Amendment 53 #
2009/2222(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Endorses the recommendation in the Monti report that broadband internet and banking services be newthe development of broadband internet provide low-cost access to banking services which would otherwise be inaccessible for a substantial section of the population, thereby implementing the idea of a universal services, which should continue to be acknowledged in European legislation;
Amendment 76 #
2009/2222(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 87 #
2009/2222(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises the traditional role of the state as provider of social services of general interest, yet considers that opening this sector to private service providers will enhance the accessibility and quality of services and increase consumer choice;
Amendment 109 #
2009/2222(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Emphasises that the key challenge of the moment for the delivery of SSGI is maintaining their quality and scope in a situation in which there are strong pressures on public finances in the individual EU Member States;
Amendment 117 #
2009/2222(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the principle of solidarity and the strengthening of the European Union require that the crisis, with its growth in unemployment and poverty, must be addressed by a greatly enhanced EU budget,much more effective budgetary policies at both European and national level and by strengthened structural funds, in particular the European Social Fund, and by a new European debt agency;
Amendment 128 #
2009/2222(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 146 #
2009/2222(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the fact that Member States and local authorities must be freeas a matter of principle it is for the Member States to decide how SSGI are funded and delivered, whether directly or otherwise, using all available instruments so as to ensure that the Union’s social objectives are not weakened by single market rules, while at the same time supporting an environment that promotes quality, accessibility and efficiency in the delivery of the services;
Amendment 159 #
2009/2222(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 160 #
2009/2222(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes ideas about promoting foundations, cooperatives and mutual associations, however, proposes that before proceeding with a legal framework, that the Commission carries out an impact assessment about the benefits, as opposed to encouraging action at Member State level;
Amendment 163 #
2009/2222(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for clarification of basic principles on the control of state aid, and for a review of thfor enhanced legal certainty and for the introduction of flexible criteria for calculating compensation of public service obligations;
Amendment 222 #
2009/2222(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that the problems which SSGI providers and beneficiaries have identified need prompt solutions;
Amendment 254 #
2009/2222(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges that the taskforce be chaired by the Commission’s DG Social Affairs; that its membership include DG Competition, DG Single Market, DG Environment, DG Sanco and DG SancoInformation Society, the European Social Affairs Council (EPSCO), the social partners and civil society organisations active in SSGI; that, in view of their democratic mandate, both Parliament and the Committee of the Regions must be centrally involved; and that social economy enterprises and stakeholders including voluntary associations, as well as local authorities, must be represented;
Amendment 61 #
2009/2220(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to continue the efforts made by the Mission for Flexicurity to assist Member States in promoting flexicurity principles, and points out that mutual learning and exchanges of good practice, as well as the open method of coordination, are essential tools for coordinating Member States" different policy approaches;
Amendment 74 #
2009/2220(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recommends that the priorities for labour law reform, where it is needed, should focus on: extension of the protection of workers in atypical forms of employment; clarification of the situation of dependent employment; action against undeclared work; support for the creation of new jobs including those under atypical contracts and the facilitation of transitions between various situations of employment and unemployment;
Amendment 89 #
2009/2220(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the increase in the proportion of non-standard or atypical contracts has a strong gender and intergenerational dimension, as women, older and also younger workers are disproportionately represented in non- standard employment; calls upon the Member States and the Commission to combat and monitor the imbalance;
Amendment 121 #
2009/2220(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls upon the Union and the Member States to eradicatefight effectively 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 144 #
2009/2220(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that flexicurity should be defined as combining flexibility and security 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 or reduce jobs in response to the changing needs of the market; is of the opinion that flexibility and security requirements are not contradictory and are mutually reinforcing;
Amendment 158 #
2009/2220(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 177 #
2009/2220(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 196 #
2009/2220(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Member states to come up with policies aimed at creating new job opportunities; is aware of the responsibility and risks of those who create such jobs including those under atypical contracts;
Amendment 201 #
2009/2220(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls upon the Member States to reinforce activation schemes, especially for the low-skilled and disabled, through personalised advice, intensive (re-)training of workers, subsidised employment and start-up grants for the self-employed and businesses;
Amendment 210 #
2009/2220(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 232 #
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 support which the social partners enjoy is probably the major determinant of the quality of their contribution;
Amendment 238 #
2009/2220(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 162 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2001/83/EC
Article 1 – point 17 b (new)
Article 1 – point 17 b (new)
(1a) In Article 1, the following point 17b is inserted after point 17a: 17b. Persons authorised to supply medicinal products: Persons or entities in possession of a wholesale distribution authorisation without prejudice to persons or entities exempt from holding an authorisation to supply medicinal products.
Amendment 297 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 11
Article 1 – point 11
Directive 2001/83/EC
Title VII – Heading
Title VII – Heading
“Wholesale distribution and trad, trading and brokering of medicinal products”
Amendment 301 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 11 b (new)
Article 1 – point 11 b (new)
Directive 2001/83/EC
Article 77 – paragraph 1
Article 77 – paragraph 1
(11b) In Article 77, paragraph 1 is replaced by the following: ‘1. Member States shall take all appropriate measures to ensure that the wholesale distribution, trade and brokerage of medicinal products is subject to the possession of an authorization to engage in activity as a wholesaler, trader or broker in medicinal products, stating the place for which it is valid.’
Amendment 302 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 12 a (new)
Article 1 – point 12 a (new)
Directive 2001/83/EC
Article 77 – paragraph 5
Article 77 – paragraph 5
(12a) In Article 77, paragraph 5 is replaced by the following: 5. Checks on the persons authorized to engage in the activity of wholesaling, trading or brokering in medicinal products and the inspection of their premises, as applicable, shall be carried out under the responsibility of the Member State which granted the authorization.
Amendment 303 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 12 b (new)
Article 1 – point 12 b (new)
Directive 2001/83/EC
Article 77 – paragraph 6
Article 77 – paragraph 6
(12b) In Article 77, paragraph 6 is replaced by the following: 6. The Member State which granted the authorization referred to in paragraph 1 shall suspend or revoke that authorisation, after having notified the holder thereof, if the conditions of authorisation cease to be met or if the authorisation has not been used for more than three years, except in cases where the authorisation was not used on account of the time reasonably necessary to comply with the obligations under this Directive. That Member State shall forthwith inform the other Member States and the Commission thereof.
Amendment 305 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 12 c (new)
Article 1 – point 12 c (new)
Directive 2001/83/EC
Article 78
Article 78
(12c) Article 78 is replaced by the following: Member States shall ensure that the time taken for the procedure for examining the application for the distribution, trade or brokerage authorization does not exceed 90 days from the day on which the competent authority of the Member State concerned receives the application. The competent authority may, if need be, require the applicant to supply all necessary information concerning the conditions of authorization. Where the authority exercises this option, the period laid down in the first paragraph shall be suspended until the requisite additional data have been supplied.’
Amendment 307 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 12 d (new)
Article 1 – point 12 d (new)
Directive 2001/83/EC
Article 79 a (new)
Article 79 a (new)
(12d) The following Article 79a is inserted: ‘Article 79a The Commission shall, in cooperation with the Agency and Member State authorities, lay down rules and criteria for obtaining trade and brokerage authorisations. Applicants must fulfil the following minimum requirements: (a) they must have a permanent address or contact details, so as to ensure accurate identification and location of their official place of business; (b) they must undertake to ensure that they conduct their activities only with those persons or entities that are able to fulfil their obligations under the terms of Article 80.'
Amendment 308 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 13 - point -a (new)
Article 1 – point 13 - point -a (new)
Directive 2001/83/EC
Article 80 – introductory sentence
Article 80 – introductory sentence
(-a) The introductory sentence is replaced by the following: ‘Holders of the authorisation for distributing, trading or brokering medicinal products must fulfil the following minimum requirements:’
Amendment 310 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 13 - point -a a (new)
Article 1 – point 13 - point -a a (new)
Directive 2001/83/EC
Article 80 – point c a (new)
Article 80 – point c a (new)
(-a a) The following point (ca) is added: '(ca) they must randomly verify that the medicinal products they have purchased are not falsified by checking the safety feature on the outer packaging, as referred to in point (o) of Article 54;'
Amendment 312 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point a
Article 1 – point 13 – point a
Directive 2001/83/EC
Article 80 – point e
Article 80 – point e
(e) they must keep records either in the form of purchase/sales invoices or on computer, or in any other form, giving for any transaction in medicinal products received, dispatched or, traded or brokered at least the following information: - date, - name of the medicinal product, - quantity received, supplied or trad, traded or brokered, - name and address of the supplier or consignee, as appropriate;’;, - national identification number, where appropriate,
Amendment 314 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point a a (new)
Article 1 – point 13 – point a a (new)
Directive 2001/83/EC
Article 80 – point g
Article 80 – point g
(aa) Point (g) is replaced by the following: ‘(g) they must comply with the principles and guidelines of good distribution practice, or principles and guidelines of good trade practices, or principles and guidelines of good brokerage practices for medicinal products as laid down in Article 84.’
Amendment 316 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2001/83/EC
Article 80 – point i – paragraph 1
Article 80 – point i – paragraph 1
(i) they must inform the competent authority of products they receive, trade or broker which they identify as infringing, or they suspect of infringing, either of the following:
Amendment 323 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point c
Article 1 – point 13 – point c
Directive 2001/83/EC
Article 80 – subparagraph 1 a
Article 80 – subparagraph 1 a
Amendment 326 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Directive 2001/83/EC
Article 84
Article 84
(13a) Article 84 is replaced by the following: ‘Article 84 The Commission shall publish guidelines on good distribution, trading and brokering practice for medicinal products. To this end, it shall consult the Committee for Proprietary Medicinal Products and the Pharmaceutical Committee established by Council Decision 75/320/EEC1. 1 OJ L 147, 9.6.1975, p. 23.’
Amendment 347 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point b
Article 1 – point 15 – point b
Directive 2001/83/EC
Article 111 – paragraph 3
Article 111 – paragraph 3
3. After every inspection as referred to in paragraph 1, the competent authority shall report on whether the manufacturer, importer, or wholesale distributor, trader or broker complies with the principles and guidelines of good manufacturing practice and, good distribution practices, good trading practice, or good brokerage practice referred to in Articles 47 and 84 or on whether the marketing authorization holder complies with the requirements laid down in Title IX. The competent authority which carried out the inspection shall communicate the content of those reports to the manufacturer, importer, marketing authorization holder, or to the wholesale distributor, trading authorisation holder or brokerage authorisation holder who has undergone the inspection. Before adopting the report, the competent authority shall give the manufacturer, importer, marketing authorization holder, or wholesale distributor, trader or broker concerned the opportunity to submit their comments.’
Amendment 348 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point c
Article 1 – point 15 – point c
Directive 2001/83/EC
Article 111 – paragraph 5 – subparagraph 1
Article 111 – paragraph 5 – subparagraph 1
5. Within 90 days of an inspection as referred to in paragraph 1, a certificate of good manufacturing practice or, good distribution practice, good trading practices, or good brokerage practice shall be issued to the manufacturer, importer, or wholesale distributor, trader or broker if the outcome of the inspection shows that the person complies with the principles and guidelines of good manufacturing practice or, good distribution practice, good trading practices, or good brokering practice as provided for by CommunityUnion legislation.
Amendment 349 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point c
Article 1 – point 15 – point c
Directive 2001/83/EC
Article 111 – paragraph 6
Article 111 – paragraph 6
6. Member States shall enter the certificates of good manufacturing practice and, good distribution practice, good trading practice and good brokering practice which they issue in a Community database managed by the Agency on behalf of the Community.
Amendment 351 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point c
Article 1 – point 15 – point c
Directive 2001/83/EC
Article 111 – paragraph 7
Article 111 – paragraph 7
7. If the outcome of the inspection as referred to in paragraph 1 is that the person does not comply with the principles and guidelines of good manufacturing practices or good distribution practices, good trading practices or good brokering practices as provided for by Community legislation, the information shall be entered in the Community database referred to in paragraph 6.
Amendment 359 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2001/83/EC
Article 118a
Article 118a
The competent authorities shall issue the accreditation referred to in Articles 46(f) and 80(b) if the applicant can demonstrate that he is competent to carry out verification of compliance with good manufacturing practices or, in the case of wholesale distributors, good distribution practices or, in the case of traders, good trading practices or, in the case of brokers, good brokering practices.
Amendment 128 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 92/85/EEC
Article 12 a
Article 12 a
Amendment 63 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality, continuous and efficient cross- border healthcare.
Amendment 88 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) healthcare providers provide all relevant information to enable patients to make an informed choice, in particular on availability, quality, safety, prices and outcomes of the healthcare provided and details of their insurance cover or other means of personal or collective protection with regard to professional liability;
Amendment 105 #
2008/0142(COD)
Council position
Recital 18
Recital 18
(18) In order to enable patients to make an informed choice when they seek to receive healthcare in another Member State, the Member State of treatment should ensure that patients from other Member States receive on request the relevant information on safety and quality standards enforced on its territory as well as on which healthcare providers are subject to these standards. Such information should be remotely accessible in electronic form. Furthermore, healthcare providers should provide patients on request with information on specific aspects of the healthcare services they offer. To the extent that healthcare providers already provide patients resident in the Member State of treatment with relevant information on those specific aspects, this Directive should not oblige healthcare providers to provide more extensive information to patients from other Member States. Nothing should prevent the Member State of treatment from also obliging other actors than the healthcare providers, such as insurance providers or public authorities, to provide the information on specific aspects of the healthcare services offered, if that would be more appropriate with regard to the organisation of its healthcare system.
Amendment 112 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Patients travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State shall be guaranteed access to their medical records, in conformity with national measures implementing Community provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC. If the medical records are held in electronic form, patients shall have a guaranteed right to obtain a copy of these records or a right of remote access to these records.
Amendment 122 #
2008/0142(COD)
Council position
Recital 43
Recital 43
(43) Appropriate information on all essential aspects of cross-border healthcare is necessary in order to enable patients to exercise their rights on cross-border healthcare in practice. For cross-border healthcare, one of the mechanisms for providing such information is to establish national contact points within each Member State. Information that has to be provided compulsorily to patients should be specified. However, the national contact points may provide more information voluntarily and also with the support of the Commission. Information should be provided by national contact points to patients in any of the official languages of the Member State in which the contact points are situated. Information may, but does not have to, be provided in any other language. All that information should be remotely accessible in electronic form.
Amendment 128 #
2008/0142(COD)
Council position
Recital 49
Recital 49
(49) Technological developments in cross- border provision of healthcare through the use of ICTs may result in the exercise of supervisory responsibilities by Member States being unclear, and can thus hinder the free movement of healthcare and give rise to possible additional risks to health protection. Widely different and incompatible formats and standards are used for provision of healthcare using ICTs throughout the Union, creating both obstacles to this mode of cross-border healthcare provision and possible risks to health protection. It is therefore necessary for Member States to aim at interoperability of ICT systems. The deployment of health ICT systems, however, is entirely a national competence. This Directive therefore should recognise the importance of the work on interoperability and respect the division of competences by providing for the Commission and Member States to work together on developing measures which are not legally binding but provide additional tools that are available to Member Statesshould do so by empowering the Commission to adopt implementing measures in order to allow the sufficiently rapid establishment and updating of responsibilities and standards in that area to reflect constant progress in the relevant technologies and techniques and to facilitate greater interoperability.
Amendment 132 #
2008/0142(COD)
Council position
Recital 50
Recital 50
(50) The constant progress of medical science and health technologies presents both opportunities and challenges to the health systems of the Member States. Cooperation in the evaluation of new health technologies can support Member States through economies of scale and avoid duplication of effort, and provide a better basis of evidence for optimal use of new technologies to ensure safe, high- quality and efficient healthcare. Such cooperation requires sustained structures involving all the relevant authorities of the Member States, but also all the stakeholders concerned, including health professionals and representatives of patients and industry building on existing pilot projects., This Directive should therefore provide a basis for continued Union support for such cooperation.
Amendment 132 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) healthcare that does not require overnight accommodation of the patient for at least one night and which the Member State regards as hospital care under its own national law, on condition that at least a qualified majority of other Member States agree with this (in the context of a discussion in the committee referred to in Article 19);
Amendment 147 #
2008/0142(COD)
Council position
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) the information referred to in points (a) and (b) is remotely accessible in electronic form and that such information is also made available in formats accessible to persons with disabilities.
Amendment 155 #
2008/0142(COD)
Council position
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) there are mechanisms in place to provide patients on request with information, which should be remotely accessible in electronic form, on their rights and entitlements in that Member State relating to receiving cross-border healthcare, in particular as regards procedures for accessing and determining those entitlements, conditions for reimbursement of costs and systems of appeal and redress if the patients considers that their rights have not been respected;
Amendment 157 #
2008/0142(COD)
Council position
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) patients who seek to receive or do receive cross-border healthcare have access to at least a copy of their medical records, in conformity with, and subject to, national measures implementing Union provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC. If the medical records are held in electronic form, patients shall have a guaranteed right to obtain a copy of, or a right of remote access to, those records.
Amendment 161 #
2008/0142(COD)
Council position
Article 6 – paragraph 3
Article 6 – paragraph 3
3. National contact points in the Member State of treatment shall provide patients with information concerning healthcare providers, including on request information on a specific provider's right to provide services or any restrictions on its practice, information referred to in Article 4(2)(a), as well as information on patients' rights, complaints procedures and mechanisms for seeking remedies, according to the legislation of that Member State. Such information should be remotely accessible in electronic form.
Amendment 192 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. If a medicinal product is authorised to be marketed on their territory in accordance with Article 6(1) of Directive 2001/83/EC, Member States shall ensure that pePrescriptions issued by an authorised person in another Member State for a named patient can be used in their territory and that any restrictions on recognition of individual prescriptions are prohibited unless they:
Amendment 198 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) measures enabling a pharmacist or other health professional to verify the authenticity of the pePrescription and whether the prescription was issued in another Member State by an authorised person through developing a Community prescription template, and supporting interoperability of ePrescriptions;
Amendment 207 #
2008/0142(COD)
Council position
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(da) measures to ensure, if needed, contact between the prescribing party and the dispensing party in order to ensure complete understanding of the treatment, whilst maintaining confidentiality of patients' data
Amendment 212 #
2008/0142(COD)
Council position
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall supportand the Member States shall work towards delivering sustainable economic and social benefits of European e-hHealth systems and services and interoperable applications, with a view to achieving a high level of trust and security, enhancing continuity of care and ensuring access to safe and quality healthcare.
Amendment 214 #
2008/0142(COD)
Council position
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) draw up guidelines in close collaboration with the Member States onadopt, by means of delegated act, in accordance with Article 16 and subject to the conditions of Articles 17 and 18, the following measures:
Amendment 215 #
2008/0142(COD)
Council position
Article 13 – paragraph 2 – point a – point i
Article 13 – paragraph 2 – point a – point i
(i) a non-exhaustive list of data that are to be included in patients' summarieElectronic Health Records and that can be shared between health professionals to enable continuity of care and patient safety across borders, and
Amendment 216 #
2008/0142(COD)
Council position
Article 13 – paragraph 2 – point a – point ii
Article 13 – paragraph 2 – point a – point ii
(ii) effective methods fora technical framework to enablinge the use of medical information for public health and research;.
Amendment 217 #
2008/0142(COD)
Council position
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) support the Member States in developing commonadopt identification and authentication measures to facilitatensure transferability of data in cross-border healthcare. while guaranteeing a high level of security and the protection of personal data. These measures shall be adopted in accordance with the procedure referred to in Article 15.
Amendment 218 #
2008/0142(COD)
Council position
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
Work on the measures referred to in points (a) and (b) shall start no later than two years after entry into force the Directive.
Amendment 225 #
2008/0142(COD)
Council position
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The report shall in particular include information on patient flows, financial dimensions of patient mobility, the implementation of Article 7(9) and on the functioning of the European reference networks and national contact points. The Commission should always evaluate the eHealth situation in cross-border healthcare. To this end, the Commission shall conduct an assessment of the systems and practices put in place in the Member States, in the light of the requirements of this Directive and the other Union legislation relating to patient mobility.
Amendment 37 #
2004/0209(COD)
Article 1 – point 2
Directive 2003/88/EC
Article 2a – subparagraph 1
Article 2a – subparagraph 1
The inacentivre parteriod of on-call time shall not be regarded as working time unless national law or, in accordance with national law and/or practice, a collective agreement or an agreement between the social partners provides otherwise, including the inactive parts, shall in principle be regarded as working time but by collective agreement or other agreement between the two sides of industry or by means of laws or regulations, inactive parts of on-call time shall be calculated in a specific manner in order to comply with the maximum weekly average working time laid down in Article 6, subject to compliance with the general principles relating to the protection of the safety and health of workers.
Amendment 38 #
2004/0209(COD)
Article 1 – point 2
Directive 2003/88/EC
Article 2a – subparagraph 2
Article 2a – subparagraph 2
The inactive part of on-call time mayshall be calculated on the basis of an average number of hours or a proportion of on-call time, taking account of experience in the sector concerned, by collective agreement or agreement between the social partners or by national legislation following consultation of the social partners.
Amendment 39 #
2004/0209(COD)
Article 1 – point 2
Directive 2003/88/EC
Article 2a – subparagraph 3
Article 2a – subparagraph 3
The inactive part of on-call time shall not be taken into account in calculating the daily or weekly rest periods laid down in Articles 3 and 5 respectively, unless otherwise provided for: (a) in a collective agreement or an agreement between the social partners; or (b) by means of national legislation following consultation of the social partners.
Amendment 60 #
2004/0209(COD)
Article 1 – point 6
Directive 2003/88/EC
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) no worker who has given an agreement under this Article shall, over a period of seven days, work more than: (i) 60 hours, calculated as an average over a period of three months, unless otherwise provided for in a collective agreement or an agreement between the social partners and when the inactive part of on-call time is calculated in a specific manner in accordance with Article 2a.; or (ii) 65 hours, calculated as an average over a period of three months, in the absence of a collective agreement and when the inactive parts of on-call time is regarded as working time in accordance with Art. 2a without using the possibility of calculating it in a specific manner;