52 Amendments of Vincenzo AITA
Amendment 5 #
2008/2219(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the above changes in the interaction between the natural/human environment and agricultural production are having a major impact on arable and livestock farming systems, agricultural land use and the supply of foodstuffs, with obvious repercussions for food security, and the social, cultural and economic structures of the areas concerned as a result of population exodus, as well as hydro-geological repercussions,
Amendment 9 #
2008/0146(CNS)
Proposal for a regulation – amending act
Recital 2
Recital 2
(2) The objectives of the CAP set out in Article 33 of the Treaty include the stabilisation of markets, assuring the availability of supplies and ensuring that supplies reach consumers at reasonable prices. The provision of Community aid under a School Fruit Scheme to supply fruit and vegetable and banana products, which should be as fresh as possible, seasonal, and obtainable at low cost, to pupils in educational establishments would meet these objectives. Further, the Scheme should bring young consumers to appreciate fruit and vegetables and therefore should enhance future consumption thereby promoting earnings in agriculture, also an objective of the CAP. In addition, under Article 35(b) of the Treaty, provision may be made within the framework of the common agricultural policy for joint measures, such as a School Fruit Scheme, to promote consumption of certain products.
Amendment 49 #
2008/0146(CNS)
Proposal for a regulation – amending act
Article 2 – point 1 – subpoint a
Article 2 – point 1 – subpoint a
Regulation (EC) No 1234/2007
Part II – Title I – Chapter IV – Section IVa – Subsection IIa – Article 103ga – paragraph 1
Part II – Title I – Chapter IV – Section IVa – Subsection IIa – Article 103ga – paragraph 1
1. Under conditions to be determined by the Commission, from the 2009/10 school year, Community aid shall be granted for supplying to pupils in educational establishments certain products of the fruit and vegetables, processed fruit and vegetables and bananas sectors to, which shall be as fresh as possible, seasonal, and obtainable at low cost, and shall be determined by the Commission, and may also be granted for certain related costs of logistics, distribution, equipment, communication, monitoring and evaluation.
Amendment 51 #
2008/0146(CNS)
Proposal for a regulation – amending act
Article 2 – point 1 – subpoint a
Article 2 – point 1 – subpoint a
Regulation (EC) No 1234/2007
Part II – Title I – Chapter IV – Section IVa – Subsection IIa – Article 103ga – paragraph 1
Part II – Title I – Chapter IV – Section IVa – Subsection IIa – Article 103ga – paragraph 1
1. Under conditions to be determined by the Commission, from the 2009/10 school year, Community aid shall be granted for supplying to pupils in educational establishments certain products of the fruit and vegetables, processed fruit and vegetables and bananas sectors to be determined by the Commission and may also be granted fo; that Community aid must also cover certain related costs of logistics, distribution, equipment, communication, monitoring and evaluation.
Amendment 39 #
2008/0105(CNS)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1698/2005
Article 16 a – paragraph 1 – subparagraph 1 (da) (new)
Article 16 a – paragraph 1 – subparagraph 1 (da) (new)
(da) soil protection and recovery.
Amendment 245 #
2008/0103(CNS)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
a) a"farmer" means a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within Community territory, as referred to in Article 299 of the Treaty, and who exercises an agricultural activity, from which he derives the main part of his income;
Amendment 250 #
2008/0103(CNS)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. A farmer receiving direct payments shall be required to ensure safety at the workplace and to abide by the contractual rules laid down by the individual Member States.
Amendment 252 #
2008/0103(CNS)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
ca) respect for employment in agriculture.
Amendment 305 #
2008/0103(CNS)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The provisions laid down in paragraph 1 shall not apply to payments for amounts between EUR 5000 and EUR 9999.
Amendment 329 #
2008/0103(CNS)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The maximum amount of the payments provided for in Annex I shall be EUR 400 000 per farm.
Amendment 337 #
2008/0103(CNS)
Proposal for a regulation
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2b. In the case of amounts exceeding EUR 300 000, accounts must be drawn up in respect of any labour employed and annual farming plans must be submitted.
Amendment 376 #
2008/0103(CNS)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The remaining amount resulting from the application of Article 7(1) and the amounts resulting from the application of Article 7(2) shall be allocated (as a priority to operations which enable competitiveness to be increased and new jobs to be created) to the Member State where the corresponding amounts have been generated, in accordance with the procedure referred to in Article 128(2). They shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005.
Amendment 478 #
2008/0103(CNS)
Proposal for a regulation
Article 46 – indent 1
Article 46 – indent 1
In duly justified cases, Member States may decide, by 1 August 2009 at the latest, and acting in compliance with the general principles of Community law, to move as from 2010 towards approximating the value of payment entitlements established under Chapter I to IV of Title III of Regulation (EC) No 1782/2003. To this end payment entitlements may be made subject to progressive modifications according to at least three pre-established annual steps and objective and non- discriminatory criteria.
Amendment 482 #
2008/0103(CNS)
Proposal for a regulation
Article 46 – paragraph 3 a (new)
Article 46 – paragraph 3 a (new)
In areas subject to public use requirements or other collective land management contracts, the value of payment entitlements may be redefined on the basis of the surface area of the farm, provided that the parameters of maximum environmental load are respected.
Amendment 495 #
2008/0103(CNS)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. In duly justified cases Member States applying Article 48 of this Regulation may decide, by 1 August 2009 at the latest, and acting in compliance with the general principles of Community law, to move as from 2011 towards approximating the value of payment entitlements established under this section or under Section 1 of Chapter 5 of Title III of Regulation (EC) No 1782/2003. To this end they may make such payment entitlements subject to progressive modifications according to at least two pre- established annual steps and objective and non-discriminatory criteria.
Amendment 583 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
Amendment 592 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 3 – introductory part
Article 68 – paragraph 3 – introductory part
3. Support for measures referred to in paragraph 1(b) may only be granted, insofar as is necessary to encourage the maintenance of current employment and production levels:
Amendment 618 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 7
Article 68 – paragraph 7
Amendment 701 #
2008/0103(CNS)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. The aid shall be granted for a maximum of five consecutive years as from the marketing year in which the threshold of 50% referred to in paragraph 1 has been reached but no later than foruntil the marketing year 2013/2014.
Amendment 88 #
2008/0016(COD)
Proposal for a directive
Article 4 − paragraph 1 a (new)
Article 4 − paragraph 1 a (new)
1a. The national action plans shall also set out the share of raw materials required for energy production and the share of energy produced from renewable energy sources using only resources available nationally or elsewhere within the Community. Those resources shall account for at least 80% of final consumption of energy from renewable sources in each Member State.
Amendment 89 #
2008/0016(COD)
Proposal for a directive
Article 5 − paragraph 2 − point a a (new)
Article 5 − paragraph 2 − point a a (new)
(aa) at least 80% of the raw materials or natural resources required to operate the plant must be sourced nationally or elsewhere within the Community;
Amendment 92 #
2008/0016(COD)
Proposal for a directive
Article 6 − paragraph 2 − point a a (new)
Article 6 − paragraph 2 − point a a (new)
(aa) the composition and origin – if outside the Community – of the raw materials used, in accordance with Article 4;
Amendment 108 #
2008/0016(COD)
Proposal for a directive
Article 15 − paragraph 1 − point a
Article 15 − paragraph 1 − point a
(a) measuring compliance with the requirements of this Directive concerning national targets, including compliance with the breakdown between national or Community production and quantities imported, including raw materials and intermediate products imported from outside the Community;
Amendment 111 #
2008/0016(COD)
Proposal for a directive
Article 15 − paragraph 3 − subparagraph 1 −point c a (new)
Article 15 − paragraph 3 − subparagraph 1 −point c a (new)
ca. farming areas that are highly biodiverse and thus afford the variety of agricultural products that is essential in order to meet food and feed requirements.
Amendment 126 #
2008/0016(COD)
Proposal for a directive
Article 15 − paragraph 6
Article 15 − paragraph 6
6. Member States shall not refuse to take into account, for the purposes referred to in paragraph 1, biofuel and other bioliquids obtained in compliance with this Article, on other grounds of sustainability, without prejudice to compliance with the breakdown between national or Community production and quantities imported from outside the Community, in accordance with Article 4.
Amendment 128 #
2008/0016(COD)
Proposal for a directive
Article 16 − paragraph 1 - introductory part
Article 16 − paragraph 1 - introductory part
1. Where biofuels and other bioliquids are to be taken into account for the purposes referred to in Article 15(1), Member States shall require economic operators to show that the environmental sustainability criteria and the breakdown between national or Community production and imports from outside the Community set out in Article 15 have been fulfilledcomplied with. For this purpose they shall require economic operators to use a mass balance system providing the following:
Amendment 9 #
2007/0094(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The provisions should not cover third- country nationals who are not illegally staying. This excludes third-country nationals who are family members of citizens of the Union exercising their right to free movement within the Community, and those who, under agreements between the Community and its Member States, on the one hand, and the countries of which they are nationals, on the other, enjoy rights of free movement equivalent to those of citizens of the Union. It also excludes third-country nationals who are in a situation covered by Community law, such as those who are lawfully employed in another Member State and who are posted by a service provider to another Member State in the context of the provision of services, or have been granted asylum or have refugee status.
Amendment 10 #
2007/0094(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The employer should in any case be required to pay to the third-country nationals any outstanding remuneration and other work-related financial entitlements for the work they have undertaken and any outstanding taxes and social security contributions.
Amendment 11 #
2007/0094(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to ensure the effectiveness of this Directive, any undue profit generated by the illegal employment of third-country nationals should be returned. Outstanding remuneration and other work-related financial entitlements to be paid back should therefore be equal to those which would have been enjoyed by comparable workers in a declared employment relationship.
Amendment 12 #
2007/0094(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Member States should ensure that claims are lodged and mechanisms created to guarantee that recovered amounts of outstanding remuneration and other work- related financial entitlements are received by the third-country nationals to whom they are due.
Amendment 15 #
2007/0094(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In view of the prevalence of subcontracting in certain affected sectors, it is necessary to ensure that all the undertakings in a chain of subcontracting, including agencies for temporary work who assign workers to a client company to work there temporarily and under its supervision, are held jointly and severally liable to pay financial sanctions against an employer at the end of the chain who employs illegally staying third-country nationals.
Amendment 17 #
2007/0094(COD)
Proposal for a directive
Recital 15
Recital 15
(15) To guarantee the full effectiveness of the general prohibition, there is therefore a particular need for more dissuasive sanctions in serious cases, such as: repeated infringements, illegal employment of a significant number of third-country nationals, particularly exploitative working conditions and where the employer knows that the worker is a victim of human trafficking. Working conditions should be considered particularly exploitative where there is a significant difference in pay or in working conditions, particularly those affecting workers’ wages, working hours or health and safety, from those enjoyed by legally employed workers.
Amendment 18 #
2007/0094(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In all cases deemed to be serious according to the present Directive the infringement should therefore be considered a criminal offence throughout the Community when committed intentionally. The criminal offence should be without prejudice to application of the Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings.
Amendment 20 #
2007/0094(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to provide for an effective level of protection against exploitative labour conditions, legal entities, victims associations, NGOs and organisations such as trades unions should be empowered to engage either on behalf or in support of any victim in proceedings, without prejudice to national rules of procedure concerning representation and defence before the courts. To encourage the lodging of complaints by victims, designated third parties should be allowed to keep the identity and place of residence of the complainants confidential.
Amendment 21 #
2007/0094(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) This Directive should not affect Member States' competences to devise accompanying measures to encourage the transformation of undeclared work into declared employment.
Amendment 22 #
2007/0094(COD)
Proposal for a directive
Article 2 – point f
Article 2 – point f
(f) "subcontractor" means a natural or legal person to whom the execution of all or part of the obligations of a prior contract is assigned, including temporary work agencies and any other intermediaries.
Amendment 23 #
2007/0094(COD)
Proposal for a directive
Article 2 – point f a (new)
Article 2 – point f a (new)
(fa) “remuneration means rates of pay, including overtime rates, that are equal to those which would have been enjoyed by comparable workers in a declared employment relationship.
Amendment 24 #
2007/0094(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States may grant a reasonable period for employers to regularise the situation of the employed third country national under national law.
Amendment 26 #
2007/0094(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 27 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In respect of each infringement of Article 3 Member States shall ensure thatWithout prejudice to Article 5.1 a (new), Member States shall ensure that, in respect of each infringement of Article 3 the employer pays:
Amendment 28 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) any other work-related financial entitlements, as defined by law, regulation or administrative provision and/or by collective agreement, to the illegally employed third country national;
Amendment 29 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory phrase
Article 7 – paragraph 2 – introductory phrase
2. In order to apply paragraphs 1(a) and 1 (aa), Member States shall:
Amendment 30 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) enact mechanisms to ensure that the necessary procedures to claim back outstanding remuneration and other work- related financial entitlements are triggered automatically without the need for the third-country national to introduce a claim;
Amendment 32 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall take the necessary measures to ensure that illegally employed third-country nationals receive any back payment of remuneration and other work related financial entitlements recovered under paragraphs 1(a) and 1 (aa), including in cases in which they have or have been returned.
Amendment 33 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In respect of criminal offences covered by Article 10(1)(c), Member States shall take the necessary measures to ensure that the execution of any return decision is postponed until the third-country national has received any back payment of their remuneration and other work-related financial entitlements recovered under paragraphs 1(a) and 1 (aa).
Amendment 34 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall take measures to encourage the integration into the labour market of workers emerging from irregular employment situations.
Amendment 36 #
2007/0094(COD)
Proposal for a directive
Article 8 – point c
Article 8 – point c
(c) recovery of public benefits, aid, or subsidies, including EU funding managed by Member States, granted to the employer during the 12 months preceding the detection of illegal employment, or, in the case of agriculture received over the previous marketing year corresponding to the particular production concerned;
Amendment 38 #
2007/0094(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each Member State shall ensure that the infringement referred to in Article 3 constitutes a criminal offence when committed intentionally, in the following circumstances':
Amendment 40 #
2007/0094(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Designated third parties 1. Member States shall ensure that legal entities, associations, NGOs, local authorities and organisations such as trades unions, which have, in accordance with the criteria laid down by their national laws, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of a third- country national in illegal employment in any judicial, administrative and/or criminal procedure provided for the enforcement of obligations under this Directive. 2. Member States shall allow a designated third party who lodges a complaint against an employer on behalf of a third- country national in illegal employment not to disclose the identity and place of residence of the complainant. 3. For the purpose of application of this Directive, Member States shall not impose sanctions against designated third parties providing assistance to the third country national, on the grounds of facilitation of unauthorised residence.
Amendment 42 #
2007/0094(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall ensure that inspections referred to in paragraphs 1 and 2 are without prejudice to labour inspections carried out solely for the purpose of assessing work conditions, and which have particular regard to evaluating security and health conditions, regardless of the status of the worker.
Amendment 43 #
2007/0094(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Relation to national measures This Directive is without prejudice to national measures promoting the transformation of undeclared work into declared employment and the regularisation of undocumented workers.
Amendment 44 #
2007/0094(COD)
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15b Non regression Nothing in this Directive shall constitute grounds for a reduction in the level of protection of vulnerable third country nationals already afforded by Member States in the fields covered by this Directive.