169 Amendments of Bilyana Ilieva RAEVA
Amendment 1 #
2008/2148(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the condition set out in Rule 39(2), that no proposal should be in preparation, is duly fulfilled, apart from the review of Directives 2006/48/EC and 2006/49/EC and expected proposal on Credit Rating Agencies,
Amendment 3 #
2008/2148(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission has not fully taken into account Parliament's earlier requests, including those made in its above- mentioned resolutions, the annex to this resolution therefore includes a list of possible suggestions as to how to improve the functioning of financial markets supervision,
Amendment 7 #
2008/2148(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas any suggestion made by Parliament should be principle based, details such as presented in the annex need to be developed in cooperation with the supervisory authorities, financial markets participants and other relevant bodies,
Amendment 13 #
2008/2148(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the current financial crisis, which was triggered by US subprime mortgages, has spread worldwide due to the increasingly integrated and contagious nature of markets, indicating that existing financial market regulation and supervision could not cope with it and a significant reform isis not sufficiently integrated on either EU or international level and a significant review and the reforms being undertaken are therefore welcome,
Amendment 21 #
2008/2148(INI)
Motion for a resolution
Recital E
Recital E
E. whereas poorinsufficiently regulated capital market s disintermediation and the shadow banking system have emerged asnew kinds of financial vehicles have emerged providing both benefits and new sources of systemic risk globally; whereas the exponential growth in derivatives has increasedfollowed new risk mand facilitatedagement strategies also creating risks including new methods of speculation,
Amendment 23 #
2008/2148(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the possibility to transfer credit riskerception that credit risk could be transferred through an "origination and e-to-distributione" model has weakened incentives to evaluate and monitor risk, and has led to a breakdown in due diligence; whereas the "originate- to-distribute" model has, however, in may cases properly facilitated competition, lower prices and access to credit for less well off consumers,
Amendment 25 #
2008/2148(INI)
Motion for a resolution
Recital G
Recital G
G. whereas herding,improper practices by some actors such as inadequate risk management, irresponsible lending, and excessive debt (leverage), and illiquid and complex financial instruments pose significant risks to financial stabilpose significant risks to financial institutions which in some cases has transferred to wider financial stability, as can market stress that leads to herding and illiquidity,
Amendment 29 #
2008/2148(INI)
Motion for a resolution
Recital H
Recital H
H. whereas financial regulation and innovation, which was designed to diminish risk at the micro level, has led to risk concentration and has exacerbated risk at the macro level, thus amplifyingand innovation may not have adequately anticipated and dispersed risk concentration and systemic risk,
Amendment 35 #
2008/2148(INI)
Motion for a resolution
Recital I
Recital I
I. whereas harmful regulatory arbitrage must be prevented,
Amendment 37 #
2008/2148(INI)
Motion for a resolution
Recital J
Recital J
J. whereas adequate levels of transparency towards the public, investors and supervisory authorities must be restoensured,
Amendment 39 #
2008/2148(INI)
Motion for a resolution
Recital K
Recital K
K. whereas many of the current compensremuneration schemes reward excessive risk at the expense ofmay create incentives that reward risk over a short time horizon at the expense of longer term performance and prudence,
Amendment 44 #
2008/2148(INI)
Motion for a resolution
Recital L
Recital L
L. whereas conflicts of interest that may arise from the business model used by some financial institutions, credit rating agencies, and audit and law firms must be addressed and monitored,
Amendment 48 #
2008/2148(INI)
Motion for a resolution
Recital M
Recital M
M. whereas failures by credit rating agencies generated substantial negative externalities and market uncertainties; whereas credit rating agencies have offered unin respect of complex structured products and misconception of the meaning of ratings by market participants were factors leading to the illiquidity in the markets; whereas credit rating agencies have been too slow in achieving sufficiently comprehensive and satisfactory selfregulatory solutions,
Amendment 53 #
2008/2148(INI)
Motion for a resolution
Recital N
Recital N
N. whereas market integration, while generally beneficial, does not necessarily enhance financial stability and should be accompanied by an appropriately integrated approach to supervision,
Amendment 56 #
2008/2148(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the EUglobally there is a needs for more coherent and harmonis, compatible and integrated regulation and supervision in order to mitigate the risk of future financial crises and to ensure a level playing field across borders and between regulated and unregulated market participants; whereas the EU should play a leading international role as well as reinforce consistent implementation and convergence of its own regulation and supervision,
Amendment 59 #
2008/2148(INI)
Motion for a resolution
Recital P
Recital P
P. whereas a comprehensive review and considered reform of current EU regulatory and supervisory arrangements is necessary together with ongoing measures to improve global supervisory cooperation; whereas such a reform should refer to the capital adequacy framework, transparency, and governance as key prerequisites for improved and effective regulatory and supervisory arrangements,
Amendment 63 #
2008/2148(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas the middle- to long-term goal should be to establish a European supervisory system that is similar to the European System of Central Banks (ESCB); whereas the Commission should be urged to work on proposals towards this end,
Amendment 66 #
2008/2148(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit to Parliament, by 30 November 2008, on the basis of Article 44, Article 47(2), Article 55, Article 95, Article 105(6), Article 202, Article 211 or Article 308 of the EC Treaty, a legislative proposal or appropriate other proposals or proposals on an EU supervisory configuration, credit rating agencies and other relevant issues, following the detailed recommendations below following the detailed recommendations below and taking into account the body of work underway following the ECOFIN Council conclusions of October 2007, December 2007 and April 2008.
Amendment 73 #
2008/2148(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the financial implications of the requested proposal or proposalsuggestions should be covered by EU budgetary allocationeither Member States for the establishment of any EU supervisory authorityEU budgetary allocations.
Amendment 75 #
2008/2148(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Instructs its President to forward this resolution and the accompanying detailed recommendalist of possible suggestions to the Commission, the Council and the governments and parliaments of the Member States.
Amendment 77 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – introductory part
Annex – recommendation 1 – introductory part
The European Parliament considers that the proposals, legislative act(s) or recommendations to be adopted should aim to regulate:
Amendment 78 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – title
Annex – recommendation 1 – point 1.1 – title
Amendment 79 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – introductory part
Annex – recommendation 1 – point 1.1 – introductory part
Amendment 80 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – introductory part
Annex – recommendation 1 – point 1.1 – introductory part
Capital adequacy framework: In particularRecognising the ongoing review of Directives 2006/48/EC and 2006/49/EC promotes the following points:
Amendment 82 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point a
Annex – recommendation 1 – point 1.1 – point a
Amendment 83 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point a
Annex – recommendation 1 – point 1.1 – point a
(a) impose capital requirements on all entities operating on financial marketenhance the scope of regulatory capital requirements, including a consideration as to whether to impose capital requirements on all entities operating on financial markets taking into account the level of risk and the entity exposed, systemic impact and whether there is or can be cover through related entities or counterparties;
Amendment 87 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point b
Annex – recommendation 1 – point 1.1 – point b
Amendment 88 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point b
Annex – recommendation 1 – point 1.1 – point b
(b) strengthenenhance the resilience of the capital adequacy framework in extreme situationsto cope with financial market disruption, whilst respecting national authorities' responsibilities for crisis management;
Amendment 90 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point c
Annex – recommendation 1 – point 1.1 – point c
Amendment 91 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point c
Annex – recommendation 1 – point 1.1 – point c
(c) ensure that the rules are anti-cyclicalforce the recently implemented capital rules for excessive pro-cyclicality and if need be include further measures to counter pro-cyclical behaviour at times of stress;
Amendment 94 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point d
Annex – recommendation 1 – point 1.1 – point d
Amendment 96 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point d
Annex – recommendation 1 – point 1.1 – point d
(d) reform the framework to improve implementation of risk management and not to rely excessivelyto ensure the adequacy and appropriate use onf mathematical models and consider whether to widen the scope of stress testing of assumptions;
Amendment 98 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point e
Annex – recommendation 1 – point 1.1 – point e
Amendment 101 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point e
Annex – recommendation 1 – point 1.1 – point e
(e) require higherestablish appropriate risk weighting and capital charges for complex financial products and derivatives on the basis of the principle "same risk- same capital charge";
Amendment 103 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point f
Annex – recommendation 1 – point 1.1 – point f
Amendment 106 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point f
Annex – recommendation 1 – point 1.1 – point f
(f) requirimprove disclosure of off-balance-sheet items, structured investment vehicles (SIVs) and any liquidity assistance facility, and require proper assessment of the risks that they pose.
Amendment 107 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – title
Annex – recommendation 1 – point 1.2 – title
Amendment 108 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point a
Annex – recommendation 1 – point 1.2 – point a
Amendment 109 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point a
Annex – recommendation 1 – point 1.2 – point a
(a) Securitisation: FosterImplement and monitor the industry led initiatives from the European Securitisation Forum to foster appropriate levels of transparency, clarity, and disclosure of underlying data (quarterly) on complex financial products and the securitisation process.
Amendment 112 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point b
Annex – recommendation 1 – point 1.2 – point b
Amendment 114 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point b
Annex – recommendation 1 – point 1.2 – point b
(b) Complex Financial Products (CFS): Require investors to develop methodologies to evaluate and monitor risk of CFS. Consistent rating terminology that clearly differentiates rating for such products should be established and ratings should reflect the vulnerability of such products toredit rating agencies should provide consistent and concise rating disclosures that clearly distinguish, where appropriate, how such products differ from other products especially in terms of volatility, complexity and vulnerability to market stress and downgrades.
Amendment 115 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point c – introductory part
Annex – recommendation 1 – point 1.2 – point c – introductory part
Amendment 116 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point c – point i
Annex – recommendation 1 – point 1.2 – point c – point i
Amendment 119 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point c – point i
Annex – recommendation 1 – point 1.2 – point c – point i
(i) require rules on secure the International Accountrol to ensureing Standards Board (IASB) review of IAS 27 and SIC-12 to ensure that material securitisation vehicles are given appropriate accounting treatment so that companies and financial institutions cannot artificially keep material special purpose vehicles or SIVs, etc. off their balance sheets;
Amendment 120 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point c - point ii
Annex – recommendation 1 – point 1.2 – point c - point ii
Amendment 123 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point c – point ii
Annex – recommendation 1 – point 1.2 – point c – point ii
(ii) requireimplement with the IASB and other competent international bodies rules on valuation and pricing standards of complex financial products in particular in the context of IAS 39.
Amendment 124 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point d
Annex – recommendation 1 – point 1.2 – point d
Amendment 127 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.2 – point d
Annex – recommendation 1 – point 1.2 – point d
(d) Unregulated markets: RequireEstablish increased transparency of over-the-counter (OTC) markets and address major sources of systemic risk (i.e. counterparty concentration risk), e.g. by requiringwhere feasible and not detrimental to liquidity and promote initiatives for OTC trades to be cleared in clearing houses.
Amendment 128 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.3 – title
Annex – recommendation 1 – point 1.3 – title
Amendment 129 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.3 – point a
Annex – recommendation 1 – point 1.3 – point a
Amendment 133 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.3 – point a
Annex – recommendation 1 – point 1.3 – point a
(a) Securitisation: Require originators to assess and monitor risk and retain a significant portion of the debt or mortgage backed securities originated by them on their booksEnsure and monitor the frequency with which originators and credit rating agencies reassess and monitor ongoing risk; introduce measures to align interests of originators and investors including evaluating the effect of expecting originators to retain a representative portion of the products originated by them on their books unless there are good and disclosed reasons not to.
Amendment 134 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.3 – point b
Annex – recommendation 1 – point 1.3 – point b
Amendment 135 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.3 – point b
Annex – recommendation 1 – point 1.3 – point b
(b) Remuneration schemes: Require financial institutions to disclose their remuneration policy, remuneration of individual directors, and remuneration packages for individuals other than directors and that all elements in compensation packages are expensed. Ensure that all transactions involving management can be clearly identified in the financial statements. Require prudential supervisors to include in their assessment of risk management the influence of remuneration and bonus schemes to ensure that they contain balanced incentives and do not encourage extreme risk takingEncourage Member States to implement the existing Commission Recommendation 2004/913/EC on remuneration policy.
Amendment 138 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.3 – point c
Annex – recommendation 1 – point 1.3 – point c
Amendment 140 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.3 – point c
Annex – recommendation 1 – point 1.3 – point c
(c) Corporate liability regime: Require a liability regime addressingSecure agreement from Member States to ensure national liability regime provide appropriate fines and other penalties for failure to comply with financial services legislation. E and to widen the scope of liability regimes so as to ensure that executives in financial institutions in case of omission of duties or wrongful trading can be suspended or disqualified from working in all or relevant parts of the financial sector.
Amendment 142 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.3 – point d
Annex – recommendation 1 – point 1.3 – point d
Amendment 319 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.4 − point c − point v
Annex – recommendation 3 – point 3.4 − point c − point v
(v) act as rapid reaction forceadvisory body in case of a threat to financial stability;
Amendment 5 #
2008/2103(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that for regulatory agencies to have a legitimate role in the EU they must adhere to a common framework incorporating a clear mandate and an efficient administrative and executive structure;
Amendment 7 #
2008/2103(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Echoes the concern of the Commission that, in the absence of a clearommon framework and clearly defined mandates, regulatory agencies may stray into areas of responsibility of policy-making branches of the EU;
Amendment 13 #
2008/2103(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Questions the necessity of establishing regulatory agencies in areas already covered by national or independentUnderlines the importance of impact assessments prior to the establishment of regulatory agencies; believes, rath in order, that resources should be spent on strengthening national bodies and that consultation and exchange of best practice should take place in the framework of network structures or of Community forao avoid overlap in functions and areas of responsibility;
Amendment 15 #
2008/2103(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for the adoption of clear rules for the evaluation of regulatory agencies' work; believes that cost-benefit analyses are a helpful tool for assessing the work and the performance of the agencies;
Amendment 20 #
2008/2103(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Supports the Commission's decision not to propose any new regulatory agencies until an evaluation to this end is complete; questions, however, the decision to proceed with the proposal in the fields of energy and telecoms while the role, structure, mandate,in the case of existing proposals for the establishment of agencies, including in the fields of energy and telecoms; calls for an evaluation of the existing agencies once an agreement on ac countability, legitimacy, and transparency of regulatory agencies are being questioned; mmon framework has been reached; encourages amending the basic acts governing existing regulatory agencies in order to make them consistent with the agreed common framework;
Amendment 13 #
2008/2085(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, according to the preamble of the PWD, the promotion of the transnational provision of services requires a climate of fair competition and measures guaranteeing respect for the rights of workers in full keeping with the reference framework of labour law and industrial relations in the Member States,
Amendment 33 #
2008/2085(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Albany judgement (C- 67/96) in the field of competition law gave substantial and large space for trade unions to regulate labour market issues; in fact, at that time the ECJ rejected the direct horizontal effect for competition rules on collective bargaining,
Amendment 38 #
2008/2085(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the ECJ in both the Laval and Rüffert cases made a completely differadopted case-specific judgments interpretation of European legislation than the advocate general the Laval, Rüffert and Viking cases,
Amendment 60 #
2008/2085(INI)
Motion for a resolution
Recital O
Recital O
Amendment 125 #
2008/2085(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the importance of not allowing the verdicts to negatively eaffecting labour market models that already today are able to combine a high degree of flexibility on the labour market with a high level of security and, instead, of further promoting this approach;
Amendment 130 #
Amendment 202 #
2008/2085(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 239 #
2008/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the ECJ has interpreted EU legislation in a waycurrent EU legislation has lent itself to interpretations that wasere not the intention of the legislators; calls on the Commission, the Council and the EP to take immediate action to ensure, via the necessary changes in EU legislation, to change the new practise of the ECJhat it is impossible for those conflicting interpretations to be made;
Amendment 248 #
2008/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 3 #
2008/2035(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Encourages the Member States to continue further with tax and social security system reforms such as the introduction of a single flat tax rate, establishing a link between taxation and productivity, equal treatment of self- employed people and employees in relation to social security systems, tax exemptions for loans obtained from family, friends that are used as venture capital by starting entrepreneurs;
Amendment 7 #
2008/2035(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to withdraw as swiftly as possible the transitional provisions limiting the mobility of workers from the new Member States, preferably by 2014, since those provisions encourage undeclared work;
Amendment 9 #
2008/2035(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that Member States need to allocate more public funds and use the possibilities of Community funding (such as. the European Social Fund or the Progress programme) to raising public awareness on the; activities to raisks associated with undeclared work and on the positive effects of its conversion into legitimate employmente awareness should emphasise sanctions, costs, the risks of undeclared work and benefits of declared work, which is a concern consonant with the main objectives of the Lisbon Strategy for growth and employment.; invites the social partners to play an active role in that process;
Amendment 11 #
2008/2035(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Invites the Member States to consider sector-specific approaches when taking policy actions for the regularisation of undeclared work;
Amendment 12 #
2008/2035(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Invites the relevant national authorities to encourage the use of e- government and on-line registration and to exchange good practices with the aim of reducing the costs and complexity of registration and administrative procedures, for example, by reducing the number of tax forms, one-data entries, single payment fiches, one-stop shops, for business, and, in particular, for SMEs;
Amendment 13 #
2008/2035(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls for stronger enforcement of existing legislations and sanctions in the fight against undeclared work;
Amendment 14 #
2008/2035(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Invites the Commission to foster administrative cooperation and exchange of good practices in the fight against the informal economy at Community level; urges the Commission and the Member States to consider voluntary disclosure campaigns and societ- wide amnesties as effective measures, which allow hidden workers and enterprises to regularise their activities by exempting them from penalties and even offering reduced tax and social security contributions rebates for the non-declared periods;
Amendment 49 #
2008/2035(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Member states for more and better enforcement of the existing labour law and labour standards to combat undeclared work; Encourages a stronger role of the EU in promoting more and better cooperation and coordination between national labour and social inspectors;
Amendment 93 #
2008/2035(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that simplifying or reducing administrative burdens and procedures, especially for small and medium-sized enterprises, could diminish the use of undeclared labour;
Amendment 101 #
2008/2035(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Expresses a demand for contractors to be held liable for any contributory or fiscal irregularities on the part of their subcontractors, should it emerge that they were aware or should have been aware of them;
Amendment 118 #
2008/2034(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges Member States to develop national strategies for reducing and eradicating child poverty on the basis of a differentiated approach which takes into account the variation in the level of poverty depending on the region and the children's age;
Amendment 119 #
2008/2034(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on Member States to pursue an active policy aimed at preventing children from leaving school early through mechanisms which provide support for groups at risk;
Amendment 120 #
2008/2034(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls on Member states to provide equal opportunities for the integration of all children through an active sports policy in schools and access to information technologies;
Amendment 134 #
2008/2034(INI)
Motion for a resolution
Paragraph 14 – point (ii)
Paragraph 14 – point (ii)
(ii) providing personalised pathways to secure and stable, high-quality employment in accordance with people's needs and capacities; providing maximum access to information which is necessary for successful participation in the labour market;
Amendment 143 #
2008/2034(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. In order to overcome social exclusion it is necessary that Member States put an emphasis, throughout the entire period of training and retraining, on the acquisition of IT skills;
Amendment 2 #
2008/2026(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines the necessity for improved efficiency, competitiveness and quality of SME products; in order to meet the needs of SMEs, suggests providing funding for a pilot project leading to the creation of a European centre for digital innovation in industry;
Amendment 3 #
2008/2026(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the need to explore the possibility of introducing a common European standard for mobile phone peripheral devices, as well as measures for achieving this; considers that such standardisation would reduce costs and facilitate consumers' use of mobile telecommunication services, as well as reduce waste of electrical and electronic equipment and save energy, materials, and resources; calls, therefore, for a study on the development of a common European standard for mobile phone peripheral devices.
Amendment 4 #
2008/2026(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for appropriate funding for targeted projects that would facilitate access to finance for SMEs; suggests that a pilot project be promoted for training and coaching SMEs to obtain financing; considers that particular attention should be attributed in this project to the exchange of experience and knowledge between SMEs across Member States;
Amendment 294 #
2008/0217(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
A credit rating agency shall record all instances where in its credit rating process it changes (downgrades or upgrades) existing credit ratings prepared by another credit rating agency with respect to underlying assets or structured finance instruments providing a justification for the downgrade.
Amendment 298 #
2008/0217(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. A credit rating agency shall monitor credit ratings and review its credit ratings and methodologies where necessary. A credit rating agency shall establish internal arrangements to monitor the impact of changes in macroeconomic or financial market conditions on credit ratings.
Amendment 328 #
2008/0217(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The credit rating agency shall submit anthe application for registration to CESRpackage to the CESR and to the home Member State simultaneously. The application shall contain information on the matters set out in Annex II.
Amendment 349 #
2008/0217(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. CESR shall cooperate, where appropriatenecessary, with the Committee of European Banking Supervisors established by Commission Decision 2004/5/EC 40 and the Committee of European Insurance and Occupational Pensions Supervisors established by Commission Decision 2004/6/EC 41.
Amendment 352 #
2008/0217(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. In carrying out their duties under this Regulation competent authorities of Member States shall not interfere with the content of credit ratings and the methodology of rating awarding.
Amendment 18 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2003/48/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
Article 1 (2) is replaced by the following: “2. Member States shall take the necessary measures to ensure that the tasks necessary for the implementation of this Directive are carried out by economic operators and paying agents established within their territory, irrespective of the place of establishment of the debtor of the debt claim, or the issuer of the security, producing the interest payment.”
Amendment 19 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 2 – point a – subpoint i
Article 1 – point 2 – point a – subpoint i
Directive 2003/48/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
The introductory phrase is replaced by the following: For the purposes of this Directive, and without prejudice to Article 4(2), "beneficial owner" means any individual who receives or is supposed to have perceived an interest payment or any individual for whom such a payment is secured or supposed to be secured, unless he provides evidence that it was not received or secured for his own benefit, that is to say that:
Amendment 20 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 2 – point a – subpoint ii
Article 1 – point 2 – point a – subpoint ii
Directive 2003/48/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
Point (b) is replaced by the following: “he acts on behalf of an entity or a legal arrangement and discloses the name, the legal form and the address of the place of effective management of the entity or,referred to in article 4, paragraph 2 and in theat case of a legal arrangement, the name and the permanent address of the person who primarily holds legal title and primarily manages its property and income, to the economic operator making or securing the interest pay, the economic operator is supposed to pay or secure the interest payment to the entity or legal arrangement, or”
Amendment 21 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 2 – point a – subpoint ii a (new)
Article 1 – point 2 – point a – subpoint ii a (new)
Directive 2003/48/EC
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
iia) The following point ba) is added: “ ba) he acts on behalf of an entity or a legal arrangement not referred to in article 4, paragraph 2, or on behalf of an undertaking or collective investment fund referred to under points ( c) or (d) of the first paragraph of article 6, or”
Amendment 27 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/48/EC
Article 3
Article 3
"Article 3 "Article 3 Identity and residence of beneficial owners 1. Each Member State shall, within its territory, adopt and ensure the application of the procedures necessary to allow the paying agent to identify the beneficial owners and their residence for the purposes of Articles 8 to 12. Such procedures shall comply with the minimum standards established in paragraphs 2 and 3. 2. The paying agent shall establish the identity of the beneficial owner on the basis of minimum standards which vary according to when relations between the paying agent and the recipient of the interest are entered into, as follows: (a) for contractual relations entered into before 1 January 2004, the paying agent shall establish the identity of the beneficial owner, consisting of his name and address, by using the information at its disposal, in particular pursuant to the regulations in force in its State of establishment and to Directive 2005/60/EC. (b) for contractual relations entered into, or transactions carried out in the absence of contractual relations, on or after 1 January 2004, the paying agent shall establish the identity of the beneficial owner, consisting of the name, address, date and place of birth and, if the beneficial owner has his address or otherwise proves to be resident for tax purposes in a Member State listed in Annex II, the tax identification number or equivalent allocated by that Member State. The details referred to in point (b) of the first subparagraptax identification number or equivalent allocated by that Member State of residence when the beneficial owner identifies himself via a document listed in annex II. The name, address, the date and place of birth shall be established on the basis of thea passport or of thean official identity card or other official document listed in Annex II presented by the beneficial owner. Any such details which do not appear on thata passport or on thatan official identity card or any other official document shall be established on the basis of any other official documentary proof of identity presented by the beneficial owner and issued by a public authority of the country where he has his address or otherwise proves to be resident for tax purposes. 3. Where the beneficial owner voluntarily presents a tax residence certificate issued by the competent authority of a country within the last three years before the payment date, his residence shall be considered to be situated in that country. Failing this, his residence shall be considered to be situated in the country where he has his permanent address. The paying agent shall establish the permanent address of the beneficial owner on the basis of the following minimum standards : (a) for contractual relations entered into before 1 January 2004, the paying agent shall establish the current permanent address of the beneficial owner by using the best information at its disposal at a payment date, in particular pursuant to the regulations in force in its State of establishment and to Directive 2005/60/EC ; (b) for contractual relations entered into, or transactions carried out in the absence of contractual relations, on or after 1 January 2004, the paying agent shall establish the current permanent address of the beneficial owner on the basis of the address resulting from the identification procedures set out in point (b) of paragraph 2 to be updated on the basis of the most recent documentation that is available to the paying agent. This information shall be updated at the latest when the passport or official identity card or other official documentary proof of identity presented by the beneficial owner expires. For contractual relations entered into, or transactions carried out in the absence of contractual relations, on or after 1 January 2004, by individuals presenting a passport or official documentary proof of identity issued by a Member State who declare themselves to be resident in a third country, residence shall be established by means of a tax residence certificate issued within the last three years before the payment date by the competent authority of the third country in which the individual claims to be resident. Failing the presentation of such a certificate, the Member State which issued the passport or other official identity document shall be considered to be the country of residence. For individuals about whom the paying agent has official documentation at its disposal proving that they have their residence for tax purposes in a country different from that of their permanent address because of the privileges linked to their diplomatic status or to other internationally agreed rules, residence shall be established by means of such official documentation available to the paying agent.
Amendment 28 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/48/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
Article 4 Article 4 Paying agents Paying agents 1. An economic operator who makes an interest payment as defined in Article 6(1) to, or secures such a payment for, the immediate benefit of the beneficial owner shall be considered to be a paying agent for the purposes of this Directive. A payment made or secured for the immediate benefit of anone or several entityies or legal arrangements listed in Annex I shall be deemed to be made or secured for the immediate benefit of the beneficial owner, as defined in Article 3(6) of Directive 2005/60/EC, of the entity or legal arrangement. For the purposes of this paragraph, it is irrelevant whether the economic operator concerned is the debtor or issuer of the debt claim or security which produces the income or the economic operator charged by the debtor or issuer or by the beneficial owner with paying the income or securing the payment of the income. Member States shall take appropriate measures to ensure that there is no overlap of paying agent responsibilities in respect of the same interest payment. An economic operator established in a Member State shall also be considered to be a paying agent for the purposes of this Directive where the following conditions are met : (a) it makes an interest payment as defined in Article 6(1) to, or secures such a payment for, another economic operator established outside the territory referred to in Article 7 and outside the territorial scope of application of the agreements and arrangements referred to in Article 17(2), and (b) the first economic operator has evidence that the second economic operator will pay the income to, or secure such a payment for the immediate benefit of, a beneficial owner who is an individual known by the first economic operator to be a resident of another Member State, having regard to Article 3. Where the conditions referred to in points (a) and (b) are met, a payment made or secured by the first economic operator for the immediate benefit of the second economic operator shall be deemed to be made or secured by the first economic operator for the immediate benefit of the beneficial owner referred to in point (b).
Amendment 29 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/48/EC
Article 4 – paragraph 2
Article 4 – paragraph 2
2. An entity or legal arrangement which is not taxed on its income or on the part of its income arising to its non-resident participants, including on any interest payment, underose revenues are not taxed according to the general rules ofor direct taxation applicable in the Member State in which the entity or legal arrangement has its place of effective management, shall be considered a paying agent upon receipt of an interest payment or upon securing of such payment. For the purpose of the first subparagraph a legal arrangement, for itself or for its members, shall be considered a paying agent upon receipt of an interest payment or upon securing of such payment. The main place of management of an entity is supposed to be the place of its head office. A legal arrangement, such as a trust, shall be considered to have its place of effective management in the country where the person who primarily holds legal title and primarily manages its property and incomehas his or its permanent address. When several persons hold legal title and one of them has his or its permanent address in a Member State, the legal arrangement is supposed to have its main place of management in this Member State. The payment received or secured by the entity or legal arrangement shall be regarded as having been made directly to, or secured for the immediate benefit of, any individual who is legally enthe beneficial owner(s) (in the meaning of artitcled to the assets or the income 3, paragraph 6 of Directive 2005/60/EC of theat entity or legal arrangement, or, in the absence of any such individualperson, as having been made directly to, or secured for the immediate benefit of, any individual known by the persons in charge of administering the entity or legal arrangement as havingthat has directly or indirectly contributed to the assets of the entity or legal arrangement concerned. Those individuals shall then be treated as beneficial owners of the payment in accordance with Articles 2 and 3. This paragraph shall not apply if the entity or legal arrangement falls into one of the following cases: (a) it is an undertaking for collective investment or other collective investment fund or scheme whose income is covered by points (c) and (d) of Article 6(1); (b) it serves the management of the assets of; (b) it is a pension fund or an insurance business; (c) it is acknowledged under the procedures applicable in the Member State where it is resident as serving exclusively charitabley, cultural or general interest purposes; (d) it constitutes a shared beneficialjoint ownership for which the economic operator making or securing the payment has established the identity and residence of all the beneficial owners in accordance with Article 3 and therefwhen the economic operatore acts itself as paying agent in accordance with paragraph 1 of this Article. The categories of entities and legal arrangements which, depending on the Member State where they have their place of effective management, shall in all cases other than those referred to in points (a) to (d) be considered a paying agent upon making an interest payment, or upon securing of such payment, are set out in Annex III. Any economic operator making an interest payment to, or securing an interest payment for, an entity or legal arrangement included in the list set out in Annex III shall communicate to the competent authority of its Member State of establishment the name and place of effective management of the entity, or in the case of a legal arrangement, the name and the permanent address of the person who primarily holds legal title and primarily manages the property and income of the legal arrangement, and the total amount of interest paid to, or secured for, the entity or legal arrangement. Where the place of effective management of the entity or legal arrangement is located in another Member State, the competent authority shall pass this information on to the competent authority of that other Member State.
Amendment 30 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/48/EC
Article 4 – paragraph 3 – first subparagraph
Article 4 – paragraph 3 – first subparagraph
3. Those entities and legal arrangements referred to in paragraph 2 to whose assets or income no beneficial owner is immediately entitled at the moment of receipt of an interest payment shall have the option of being treated for the purposes of this Directive as an undertaking for collective investment or other collective investment fund or scheme as referred to in point (a) of paragraph 2.
Amendment 43 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Directive 2003/48/EC
Article 10 – paragraph 2 – first sentence
Article 10 – paragraph 2 – first sentence
(5a) Article 10, paragraph 2, first sentence is amended as follows: “2. The transitional period shall end at the end of the first full fiscal year following the later of the following dates if by that date it can be demonstrated empirically that effective taxation is better achieved by automatic exchange of information in accordance with chapter II than by the withholding tax referred to in the present chapter: (…)”
Amendment 55 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2003/48/EC
Article 18
Article 18
Amendment 58 #
2008/0215(CNS)
Proposal for a directive – amending act
Annex – point 2
Annex – point 2
Directive 2003/48/EC
Annex I
Annex I
Amendment 32 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2002/15/EC
Article 3 – point d
Article 3 – point d
(b) The following sentence is added to point (d): "'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i who does not have the freedom to organise the relevant working activities, and ii whose income does not depend directly on the profits made, and iii who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers."
Amendment 46 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/15/EC
Article 11 a – paragraph -1 (new)
Article 11 a – paragraph -1 (new)
(-1)The onus is on Member States to enforce this Directive exclusively in respect of mobile workers registered on their own territory, given that cross- border roadside checks on working time are not feasible.
Amendment 49 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 –point 6
Article 1 –point 6
Directive 2002/15/EC
Article 11 a – paragraph 1
Article 11 a – paragraph 1
(1) Member States shall organise a system of appropriate and regular monitoring and controls or a system by means of which abuses of the working-time rights of workers may be effectively reported and eliminated in order to guarantee the correct and consistent implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate.
Amendment 31 #
2008/0190(COD)
Proposal for a directive – amending act
Article 2 – point 2
Article 2 – point 2
2. 'electronic money' means a monetary value as represented by a claim on the issuer which is stored electronically and issued on receipt of funds, for the purpose of making payment transactions as defined in Article 4(5) of Directive 2007/64/ECtransferring funds by electronic means from the electronic money holder to its payees, and is accepted by natural or legal persons other than the issuer;
Amendment 36 #
2008/0190(COD)
Proposal for a directive – amending act
Article 5 – point 2
Article 5 – point 2
2. The contract between the issuer and the holder shall clearly state the conditions of redemptionstate, in a clear and accessible way, the conditions of redemption, including timing and the financial implications thereof.
Amendment 41 #
2008/0190(COD)
Proposal for a directive – amending act
Article 6
Article 6
1. Member States shall require electronic money institutions to hold, at the time of authorisation, initial capital, comprised of the items defined in Article 57(a) and (b) of Directive 2006/48/EC, of not less than EUR 125200 000. Their own funds shall not fall below that amount.
Amendment 43 #
2008/0190(COD)
Proposal for a directive – amending act
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Method D: wthere own funds of electronic money represents the highest amount between outstanding electronic money and payment volume, the own funds ofinstitutions shall amount at least to 1,5 % of the outstanding electronic money. Where electronic money institutions shall amcarry ount at least to the sum of the following elements: (a) 5% of the slice of electronic money up to EUR 5 million; (b) 2.5%ny of the activities referred to in Article 8(1)(a) to (e) and the amount of outstanding electronic money is unknown in advance, the competent authorities shall allow those institutions to apply this paragraph ofn the slice of electronic money above EUR 5 million up to EUR 10 million; (c) 2% of the slice of electronic money above EUR 10 million up to EUR 100 million; (d) 1.5% of the slice of electronic money above EUR 100 million up to EUR 250 million; (e) 1% of the slice of electronic money above EUR 250 millionbasis of a representative portion assumed to be used for payment services, provided such a representative portion can be reasonably estimated on the basis of historical data and to the satisfaction of the competent authorities Where electronic money institutions carry out any of the activities referred to in Article 8(1)(a) to (e), own funds may also be calculated in accordance with one of the three methods (A, B or C) set out in Article 8 of Directive 2007/64/EC.
Amendment 44 #
2008/0190(COD)
Proposal for a directive – amending act
Article 7 – paragraph 4
Article 7 – paragraph 4
4. On the basis of an evaluation of the risk- management processolicies, of the risk loss data bases and internal control mechanisms of the electronic money institutionelectronic money institution and the risk posed by its products, systems, and market, the competent authorities may require the electronic money institution to hold an amount of own funds which is up to 20% higher than the amount which would result from the application of the method chosen in accordance with paragraph 2, or permit the electronic money institution to hold an amount of own funds which is up to 20% lower than the amount which would result from the application of the method chosen in accordance with paragraph 2.
Amendment 46 #
2008/0190(COD)
Proposal for a directive – amending act
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Apart from issuing electronic money, electronic money institutions shall be entitled to engage in any of the following activities, subject to compliance by the electronic money issuer with Article 3 of this Directive:
Amendment 60 #
2008/0190(COD)
Proposal for a directive – amending act
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States or their competent authorities shall require an electronic money institution which carries on any of the activities referred to in: (i) Article 8(1)(a) to (d) and, at the same time, is engaged in other business activities referred to in Article 8(1)(e) to safeguard funds that have been received from the payment service users or through another payment service provider for the execution of payment transactions, in accordance with the provisions of Article 9(1),(2) and (4 and (2) of Directive 2007/64/EC. (ii) Article 8(1)(a) to (d) only, to safeguard all funds that have been received in relation to electronic money issuance, in accordance with the provisions of Article 9(1)(a) and (c), Article 9(2) of Directive 2007/64/EC., mutatis mutandis;
Amendment 64 #
2008/0190(COD)
Proposal for a directive – amending act
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. For the purposes of paragraph 1, requirements for safeguarding provided under Article 9 of Directive 2007/64/EC shall be interpreted to include credit and debit card receivables, as allowable investments.
Amendment 30 #
2008/0150(CNS)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/79/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. As from 1 January 2014, Member States shall ensure that excise duty (specific duty and ad valorem duty) on cigarettes represents at least 63 % of the weighted average retail selling price of cigarettes sold. That excise duty shall not be less than EUR 90 per 1 000 cigarettes irrespective of the weighted average retail selling price. However, Member States which levy an excise duty of at least EUR 122 per 1 000 cigarettes on the basis of the weighted average retail selling price need not comply with the 63% requirement set out in the first subparagraph.”shall not be less than EUR 90 per 1 000 cigarettes.
Amendment 37 #
2008/0150(CNS)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/79/EEC
Article 2 – paragraph 4
Article 2 – paragraph 4
4. By way of derogation from paragraph 2 the second and third subparagraphs of this paragraph shall apply. Poland, HungaryHungary, Poland and Slovakia shall be authorised to bring into force the provisions necessary to comply with paragraph 2 by 31 December 2014 at the latest; they shall apply those provisions from 1 January 20159. Romania, Bulgaria, Lithuania, Estonia and LatvBulgaria, Estonia, Latvia, Lithuania, and Romania shall be authorised to bring into force the provisions necessary to comply with paragraph 2 by 31 December 2015 at the latest; they shall apply those provisions from 1 January 201620.
Amendment 40 #
2008/0082(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 98/26/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall specify the systems, and the respective system operators, and the participants in those systems, which are to be included in the scope of this Directive and shall notify them to the Commission and inform the Commission of the authorities they have chosen in accordance with Article 6(2).
Amendment 45 #
2008/0082(COD)
Proposal for a directive – amending act
Article 2 – point 1 – subpoint c
Article 2 – point 1 – subpoint c
Directive 2002/47/EC
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(a) The financial collateral to be provided must consist of cash, financial instruments or credit claims eligible for the collateralisation of central bank credit operations;. This requirement shall not apply to Member States with currency board regimes.
Amendment 5 #
2008/0058(CNS)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2006/112/EC
Article 252 − paragraph 2
Article 252 − paragraph 2
2. The tax period shall be one month. The Member States may, however, set a longer period, provided that it does not exceed one year, for taxable persons the total value of whose intra-Community acquisitions of goods and services during the previous calendar year for which they are liable for VAT by virtue of Article 196 does not exceed EUR 200 000 or its equivalent in national currency.
Amendment 6 #
2008/0058(CNS)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2006/112/EC
Article 263 – paragraph 2
Article 263 – paragraph 2
2. The recapitulative statements referred to in paragraph 1 shall be submitted by electronic file transfer. Member States may, however, authorise recapitulative statements to be submitted by other means for certain categories of taxable person.
Amendment 30 #
2008/0051(CNS)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The movement of excise goods under suspension of excise duty shall be deemed to begin when the goods leave the tax warehouse of dispatch or the place of importation. The point at which the goods leave the tax warehouse or the place of importation shall be determined by the dispatch of a supplementary information message without delay to the competent authority by the authorised warehousekeeper or the registered consignor.
Amendment 34 #
2008/0051(CNS)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
When the availability of the system is restored,competent authorities in the Member States have made the system available, they shall make this information accessible to the consignor and the consignor shall submit a draft electronic administrative document without delay. That document shall replace the paper document referred to in point (a) of the first subparagraph as soon as it has been processed in accordance with Article 20(3), and the procedure relating to the electronic administrative document shall apply.
Amendment 35 #
2008/0051(CNS)
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 1
Article 26 – paragraph 2 – subparagraph 1
2. Where the computerised system is not available, an authorised warehousekeeper or a registered consignor may communicate the information referred to in Article 20(8) or Article 22 using alternative means of communication defined by the Member States. To that end he shall inform the competent authorities of the Member State of dispatch at the time that the change of destination or splitting of the movement is initiated.
Amendment 29 #
2008/0016(COD)
Proposal for a directive
Article 2 – point a
Article 2 – point a
(a) "energy from renewable sources" means renewable non-fossil energy sources: wind, solar, air, water, ground, geothermal, wave, tidal, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;
Amendment 4 #
2008/0014(COD)
Proposal for a decision
Recital 6
Recital 6
(6) The effort of each Member State should be determined in relation to the level of its 2005 greenhouse gas emissions, which is the latest year for which verified greenhouse gas emissions data is available. The share of Member States that did not participate in the 2005 Community scheme should be calculated using their verified Community scheme emissions under the 2007 Community scheme.
Amendment 5 #
2008/0014(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Member State reduction efforts should be based on the principle of solidarity between Member States and the need for sustainable economic growth across the Community, taking into account the relative per capita GDP of Member States. Member States that currently have a relatively low per capita GDP and thus high GDP growth expectations should be allowed to increase their greenhouse emissions compared to 2005, but should limit this greenhouse emissions growth to contribute to the overall reduction commitment of the Community. Member States that currently have a relatively high per capita GDP should reduce their greenhouse emissions compared to 2005. The share of Member States that did not participate in the 2005 Community scheme should be calculated using their verified Community scheme emissions under the 2007 Community scheme.
Amendment 7 #
2008/0014(COD)
Proposal for a decision
Recital 19
Recital 19
(19) The measures necessary for the implementation of this Decision should be adopted in accordance wiIn the event of the conclusion of an international agreement, the Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. In particular power should be conferred on the Commission to adopt, after the conclusion of an international agreement, measures for the adjustment of Member State emission limits, as well as measures for the use of additional types of project credits in accordance with that agreement, as well asmmission should propose to the European Parliament and the Council, in accordance with the procedure laid down in Article 251 of the Treaty, measures for the adjustment of Member State emission limits, as well as measures for the use of additional types of project credits in accordance with that agreement. The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. In particular the Commission should be empowered to adopt the measures necessary to check transactions under this Decision. Since those measures are of general scope and are designed to amend non-essential elements of this Decision and toby supplement this Decision by the addition or modification ofing it with new non-essential elements, they shouldmust be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 10 #
2008/0014(COD)
Proposal for a decision
Article 6
Article 6
Amendment 45 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) Given the considerable efforts of combating climate change and of adapting to its inevitable effects, it is appropriate that at least 20% of the proceeds from the auctioning of allowances should be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development of the industries within the scope of this Directive for reducing emissions and adaptation, to develop renewable energies to meet the EU’s commitment to using 20% renewable energies by 2020, to meet the commitment of the Community to increase energy efficiency by 20% by 2020, for the capture and geological storage of greenhouse gases, to contribute to the Global Energy Efficiency and Renewable Energy Fund , for measures to avoid deforestation and facilitate adaptation in developing countries, and for addressing social aspects such as possible increases in electricity prices in lower and middle income households. This proportion is significantly below the expected net revenues for public authorities from auctioning, taking into account potentially reduced income from corporate taxes. In addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme. Provisions should be included on monitoring the use of funds from auctioning for these purposes. Such notification does not release Member States from the obligation laid down in Article 88(3) of the Treaty, to notify certain national measures. The Directive does not prejudice the outcome of any future State aid procedures that may be undertaken in accordance with Articles 87 and 88 of the Treaty.
Amendment 48 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Consequently, full auctioning should be the rule from 2013 onwards for the power sector, taking into account their ability to pass on the increased cost of CO2, and no free allocation should be given for carbon capture and storage as the incentive for this arises from allowances not being required to be surrendered in respect of emissions which are stored. Electricity generators may receive free allowances for heat or cooling services produced through high efficiency cogeneration as defined by Directive 2004/8/EC in the event that such heat or cooling produced by installations in other sectors were to be given free allocations, in order to avoid distortions of competition. Regarding this equal treatment with other producers of heat/cooling, the quantity of free allowances provided in respect of the heat/steam generated by cogeneration should be the same as if that heat/steam were to be generated independently.
Amendment 52 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 18
Recital 18
(18) Transitional free allocation to installations should be provided for through harmonised Community-wide rules ("benchmarks") in order to minimise distortions of competition with the Community. These rules should take account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage. Any such rules should not give incentives to increase emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heat supplied to industrial installations. These rules should apply to new entrants carrying out the same activities as existing installations receiving transitional free allocations. To avoid any distortion of competition within the internal market, no free allocation should be made in respect of the production of electricity by new entrants, with the exception of electricity produced from waste gases from industrial production processes. Allowances which remain in the set aside for new entrants in 2020 should be auctioned.
Amendment 55 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission should therefore review the situation by June 20110 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify whichn analytical report assessing the situation with special regard to energy -intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. It should base its analysis on the assessment of the inability to pass on the cost of required allowances in product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation orsectors that have been determined to be exposed to a significant risk of carbon leakage. This report should be accompanied by any appropriate proposals which shall include adjusting the proportion of allowances received free of charge and as a complementary measure an effective carbon equalisation system could be introduced, with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. It would also need to be in conformity with the international obligations of the Community including the WTO agreement.
Amendment 60 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2003/87/EC
Article 3 – point h
Article 3 – point h
"(h) 'new entrant' means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emission permit or an update of its greenhouse gas emissions permit because of a change in the nature or functioning or an extension of the installation or a significant increase of capacity of the installation, subsequent to the submission to the Commission of the list referred to in Article 11(1);"
Amendment 62 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u a (new)
Article 3 – point u a (new)
[(ua)] 'Sectors exposed to a significant risk of carbon leakage' means sectors identified in accordance with the criteria of Article 10a(9) and which are listed in Annex Ia of this Directive.
Amendment 67 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to adapt to the impacts of climate change and to fund research and development of the industries within the scope of this Directive for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan and the European Technology Platforms;
Amendment 69 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) for the capture and geological storage of greenhouse gases, in particular from coal power stations;
Amendment 78 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3 and 3 a (new)
Article 10a – paragraph 1 – subparagraph 3 and 3 a (new)
The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production, with the exception of electricity produced from waste gases from industrial production processes. Where a waste gas from a production process is used as a fuel, allowances shall be allocated to the operator of the installation generating the waste gas with the same allocation principles as applied for this installation.
Amendment 80 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. Free allocation mayshall be given to electricity generators in respect of the production of heat or cooling services through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equal treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9 or cooling. Regarding this equal treatment with other producers of heat/cooling, the quantity of free allowances provided in respect of the heat/steam generated by cogeneration should be the same as if that heat/steam were to be generated independently.
Amendment 81 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 4
Article 10a – paragraph 4
4. The maximum amount of allowances that is the basis for calculating allocations to installations which carry out activities in 2013 and received a free allocation in the period 2008 to 2012 shall not exceed, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding emissions in the period 2005 to 2007 that those installations emitted. A correction factor shall be applied where necessaryFor Members States which did not participate in the Community scheme in 2005, their share shall be calculated using their verified Community scheme emissions under the Community scheme in 2007.
Amendment 82 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified emissions of those installations in 2005 to 2007. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9. For Members States which did not participate in the Community scheme in 2005, their share shall be calculated using their verified Community scheme emissions under the Community scheme in 2007.
Amendment 85 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3 and 3 a (new)
Article 10a – paragraph 6 – subparagraph 3 and 3 a (new)
No free allocation shall be made in respect of any electricity production by new entrants, with the exception of electricity produced from waste gases from industrial production processes. Where a waste gas from a production process is used as a fuel, allowances shall be allocated to the operator of the installation generating the waste gas with the same allocation principles as applied for this installation.
Amendment 89 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9
Article 10a – paragraph 9
9. At the latest bBy 30 June 20106 and every 34 years thereafter the Commission shall determine the sectors referred to in paragraph 8. That measurereview Annex 1a. The results of this review shall be implemented in 2020 and every 4 years thereafter. That review, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. All relevant social partners shall be consulted. In the determination referred to in the first subparagraph 8 the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on to end -users the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside the Community that did not impose comparable constraints on emissions, taking into account the following: (a) the extent to which auctioning would lead to a substantial indecrease in production coscompetitiveness and sector investment; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; , at a cost of investment that does not result in significant loss of competitiveness and /or market share to installations outside the community not subject to equivalent CO2 emissions constraints; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition and global prices and the relative size of transport costs to direct and indirect CO2 costs; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned and their impact on competitiveness of ETS sector. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be used.
Amendment 94 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Article 10b
Not later than June 20110, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include: – adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; – inclusion in the Community scheme of importers and exporters of products produced by the sectors or sub-sectors determined in accordance with Article 10a. These proposals should include precise details of how the quantities of EU Allowances to be submitted by importers, and of free allowances granted to exporters, would be calculated together with a determination of the necessary reference values to be used. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate."
Amendment 104 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
2. From the year following the conclusion of the international agreement referred to in paragraph 1, the linear factor shall increase so that the Community quantity of allowances in 2020 is lower than that established pursuant to Article 9, by a quantity of allowances equivalent to the overall reduction of greenhouse gas emissions by the Community below 20% to which the international agreement commits the Community, multiplied by the share of overall greenhouse gas emission reductions in 2020 which the Community scheme is contributing pursuant to Articles 9 and 9aCommission shall submit a legislative proposal to the Parliament and the Council suggesting a further reduction of the Community quantity of allowances in 2020 taking into account the overall reduction of greenhouse gas emissions by the Community below 20% to which the international agreement commits the Community.
Amendment 108 #
2008/0013(COD)
Proposal for a directive – amending act
Annex I a (new)
Annex I a (new)
ANNEX I a List of energy intensive sectors exposed to a significant risk of carbon leakage ...* * sectors to be specified by Parliament and Council before the adoption of this directive in accordance to the procedure specified in Art 251 of the Treaty.
Amendment 66 #
2007/2290(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9а. Calls on Member States to create financial and social incentives in order to encourage employees voluntarily to continue to work even after reaching the statutory age limit;
Amendment 67 #
2007/2290(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on Member States to pursue an active policy to improve the prospects for safe working conditions in order to reduce the risk in certain occupations and avoid early retirement of a large proportion of skilled workers;
Amendment 6 #
2007/2238(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that, from the macroeconomic point of view, hedge funds and private equity (HFs & PE) represent welcome additional investors at a time when economic structures are experiencing ever more substantial change at an ever- increasing pace, but that this type of alternative investment is unregulated; stresses, in addition, that lack of scrutiny and excessive profit-seeking are solely at the expense of employees and/or other third parties;
Amendment 19 #
2007/2238(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Expects the fund industry to move further towards binding measures on corporate governance which will also be made public; considers that funds which act as entrepreneurs cannot distance themselves from cultivating human resources, ensuring worker participation and the pursuit of environmental and social objectives; calls for improvement of controlling mechanisms over the legal framework with a stronger role of national authorities, such as Central Banks;
Amendment 26 #
2007/2238(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to monitor and analyse the effects of the operations of HF & PE companies, and to propose a directive on minimumencourage harmonisation of transparency rules on the way in which investments are financed, the objective of investment projects, the disclosure of ownership structures and the registration of hedge funds;
Amendment 68 #
2007/0249(COD)
Proposal for a regulation
Article 3 – point i a (new)
Article 3 – point i a (new)
(ia) Develop a common regulatory approach to pan-European services, such as global telecommunications services, in order to ensure regulatory consistency among national rules;
Amendment 76 #
2007/0249(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point p – subpoint iii a (new)
Article 4 – paragraph 3 – point p – subpoint iii a (new)
(iiia) harmonised conditions for authorisations for pan-European services, such as global telecommunications services;
Amendment 108 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) Consistent implementation of regulatory approaches, including regulatory treatment of pan-European services, such as global telecommunications services, and of new services;
Amendment 114 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 2 a (new)
Article 3 – point 2 a (new)
Directive 2002/20/EC
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
(2a) In Article 3(2), the following new subparagraph shall be added: "Global telecommunications services shall be subject to no more than a simplified notification process with specified registration of electronic communications service activity as “global telecommunications services.” Global telecommunications services are managed business data and voice services for multinational companies with locations in different countries and often different continents. They are inherently cross-border and, within Europe, pan- European services."
Amendment 125 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – point d a (new)
Article 6a – paragraph 1 – point d a (new)
(da) to harmonise the conditions for general authorisations specified in Annex 1;
Amendment 45 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) education and vocational training and study grants;
Amendment 62 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 - point b
Article 12 – paragraph 2 - point b
Amendment 64 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 - point b
Article 12 – paragraph 2 - point b
(b) by restricting the rights conferred under paragraphs 1(c) in respect to study grants; taxes relating to education at public universities;
Amendment 25 #
2007/0156(COD)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) The efficient use of statistical information by EU undertakings helps to strengthen their competitiveness. It is of extraordinary importance to ensure that adequate access to statistical data is safeguarded and their transparency secured, particularly in the case of statistical information on production sectors that determine structural conditions in the Member States.
Amendment 26 #
2007/0156(COD)
Proposal for a decision
Article 3 – point c – indent 3 a (new)
Article 3 – point c – indent 3 a (new)
– Action 3.3а: Improve the access of businesses to available statistical data and enhance the quality of such data.
Amendment 28 #
2007/0156(COD)
Proposal for a decision
Annex – Objective 1 – Action 1.1 – indent 2
Annex – Objective 1 – Action 1.1 – indent 2
– The statistics have to be compiled in an efficient way and need to be comparable. For this reason European statistics must be modernised in strict accordance with the principle of coherence and comparability of data for the periods concerned. Therefore work has to be carried out within the European Statistical System to achieve harmonised definitions of newly identified characteristics and indicators.
Amendment 29 #
2007/0156(COD)
Proposal for a decision
Annex – Objective 3 – Action 3.3 a (new)
Annex – Objective 3 – Action 3.3 a (new)
– Action 3.3а: Improve the access of businesses to available statistical data and enhance the quality of such data. – To improve the competitiveness of businesses it is important to ensure improved access to statistical data. Increasing the quality and ensuring the timely provision of information on the state, dynamic and growth prospects of manufacturing and trade with regard to a specific product, sector or branch are also of crucial importance.
Amendment 74 #
2007/0094(COD)
Proposal for a directive
Article 2 – point e a (new)
Article 2 – point e a (new)
(ea) "legal person" means any legal entity having the status of legal person under the applicable national law;
Amendment 140 #
2007/0094(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The selection of companies to be inspected shall be based on a risk assessment to be drawn up by the competent authorities inMember States shall, on the basis of risk assessments, regularly identify the sectors of activity in which the Member States ployment of illegally stakying into account factors such as the sector in which a company operates and any past record of infringementthird- country nationals is prevalent on their territory.
Amendment 28 #
2004/0209(COD)
Recital 8
(8) When workers shouldhave not been afforded periods of compensatory rest in circumstances where rest periods are not granted. The determination of the lrest, they should, in line with applicable legislation, employment contracts or other agreements betweeng th of the reasonable period within which equivalente social partners, be granted periods of compensatory rest, is granted to workers should be left to the Member States, taking into account the need to ensure the safety and health of the workers concerned and the principle of proportionalityf possible immediately after the period of work or within a reasonable period thereafter.
Amendment 42 #
2004/0209(COD)
Article 1 – point 2
Directive 2003/88/EC
Article 2b – paragraphs 2 and 3
Article 2b – paragraphs 2 and 3
The Member States shall ensure, without prejudice to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community* and in consultation with the social partners, that: - employers inform workers in due time of any substantial changes into the pattern or organisation of their working time. Taking into account workers' needs for flexibility in; and - workers are entitled to request changes in the pattern of work or in the organisation of their working hours and patterns,, whilst the Member States shall, in accordance with national practices, also encourage employers to examine such requests for changes to such working hours and patterns, subject to business needs, and toequitably, taking into account both employers' and workers' needs for flexibility.
Amendment 53 #
2004/0209(COD)
Article 1 – point 3 − point b
Directive 2003/88/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
(b) in paragraph 2, the words "provided that the workers concerned are afforded equivalent periods of compensatory rest" shall be replaced by "provided that the workers concerned are afforded equivalent periods of compensatory rest, if possible immediately after the period of work or within a reasonable period thereafter, to be determined by national legislation or a collective agreement or an agreement concluded between the social partners";