1318 Amendments of Csaba SÓGOR
Amendment 6 #
2018/2645(RSP)
Recital C a (new)
C a. whereas Facebook, a signatory to the Privacy Shield, has confirmed that the data of 2.7 million EU citizens were among those improperly used by political consultancy Cambridge Analytica;
Amendment 47 #
2018/2645(RSP)
Paragraph 10 a (new)
10 a. Expresses its strong concern that, if not dealt with, such misuses of personal data of people by various entities that aim to manipulate their political will or voting behaviour, can threaten the democratic process and its underlying idea that voters can make informed, fact-based decisions for themselves;
Amendment 2 #
2018/2114(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that EU agencies are established by the co-legislators for specific tasks under Union law; considers therefore that agencies are primarily accountable to Parliament and the Council, which must ensure that adequate scrutiny mechanisms are in place in the legislative acts governing those agencies and that those mechanisms are subsequently properly implemented in line with the principle of conferral of powers on the basis of different provisions from the Treaties;
Amendment 4 #
2018/2114(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that the mechanisms to ensure the accountability of agencies are incorporated in the Treaties, in the founding regulations of agencies, in the case-law of the European Court of Justice, as well as in the joint Statement and the Common Approach;
Amendment 6 #
2018/2114(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Considers that it must be ensured that adequate scrutiny mechanisms are in place in the legislative acts governing agencies and that those mechanisms are subsequently properly implemented; Notes that the provisions on scrutiny in the founding regulations differ in varying degrees from the mechanisms proposed in the Common Approach, which could be due to the different tasks and functions agencies perform;
Amendment 8 #
2018/2114(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that the nature of those scrutiny mechanisms willmay vary depending on the actual role and operational impact of the agency, including factors such as the agency’s mission, budget and staff numbers, and the political sensitivity of its activities; believes that agencies granted greater operational competence, larger budgets and a larger staff must be subject to greater democratic oversight and scrutiny mechanisms, particularly where they are active in politically sensitive fields; calls therefore for those factors to be taken into account when streamlining governance and accountability mechanisms;
Amendment 10 #
2018/2114(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Points out that the Common Approach has not always been followed in the adoption of or amendment of founding acts of agencies; Considers therefore that thought should be given to a binding agreement on the establishment and functioning of agencies;
Amendment 1 #
2018/2111(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. having regard to the Commission communication of 31 January 2017 entitled ‘Strengthening Citizens’ Rights in a Union of Democratic Change – EU Citizenship Report 2017’(COM(2017)0030),
Amendment 2 #
2018/2111(INI)
Draft opinion
Recital –A a (new)
Recital –A a (new)
-A a. having regard to its resolution on the EU Citizenship Report 2017: Strengthening Citizens’ Rights in a Union of Democratic Change (2017/2069(INI)),
Amendment 3 #
2018/2111(INI)
Draft opinion
Recital –A b (new)
Recital –A b (new)
-A b. having regard to Directive 2004/38/EC of the European Parliament and of the Council of29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States,
Amendment 4 #
2018/2111(INI)
Draft opinion
Recital –A c (new)
Recital –A c (new)
-A c. having regard to the conclusions of the Council of the European Union Nos. 9166/3/11 and 9167/3/11 of 9 June 2011 on the conclusion of the evaluation process and the technical readiness of Bulgaria and Romania to accede to the Schengen area,
Amendment 5 #
2018/2111(INI)
Draft opinion
Recital –A d (new)
Recital –A d (new)
-A d. having regard to the notification given by the Prime Minister of the United Kingdom to the European Council on 29 March 2017 in accordance with Article 50(2) TEU,
Amendment 6 #
2018/2111(INI)
Draft opinion
Recital –A e (new)
Recital –A e (new)
-A e. having regard to its Resolution on minimum standards for minorities in the EU(2018/2036(INI)),
Amendment 7 #
2018/2111(INI)
Draft opinion
Recital –A f (new)
Recital –A f (new)
-A f. having regard to its resolution of 7 February 2018 on protection and non- discrimination with regard to minorities in the EU Member States,
Amendment 8 #
2018/2111(INI)
Draft opinion
Recital A
Recital A
A. whereas, in accordance with Article 2 of the Treaty on European Union (TEU), the European Union is founded on respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights; whereas the principle of representative democracy, accountability and transparency is a fundamental pillar of the European Parliament;
Amendment 9 #
2018/2111(INI)
Draft opinion
Recital B
Recital B
B. whereas European citizens are protected from discrimination by the Charter of Fundamental Rights that coverthe Charter of Fundamental Rights brings together all the personal, civic, political, economic and social rights enjoyed by people within the EU; Whereas the Charter aims to protect European citizens from discrimination based on any ground such as sex, race, colour, ethnicity, or social origin, genetic features, language, religion, or belief, political or any other opinion, membership of a national minority, property, birth, disability, age andor sexual orientation;
Amendment 16 #
2018/2111(INI)
Draft opinion
Recital C
Recital C
C. whereas EU citizenship of the Union is gained through nationality of a Member State, and clearly supplements national citizenship; whereas it ins accordance with Article 9 of the TEU; whereas European citizenship does not, and cannot, superseddditional to and does not replace national citizenship;
Amendment 18 #
2018/2111(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas EU case law permits member states to withhold EU citizenship from their nationals or to maintain a graduated system of EU citizenship rights whereby some of their nationals enjoy more of EU citizenship-related rights than others;
Amendment 20 #
2018/2111(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
C b. whereas the Treaty of Lisbon brought great advances for the citizens of the Union by consolidating the rights and safeguards of EU citizenship, endowing the Charter of Fundamental Rights with legal value and bringing the area of freedom, security and justice into the EU’s legislative field;
Amendment 21 #
2018/2111(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
C c. whereas the right to equal treatment is one of the founding principles of the European Union and a fundamental right of all people; whereas, when laying down the citizenship of the Union, Article 9 TEU expressly mentions that the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies;
Amendment 22 #
2018/2111(INI)
Draft opinion
Recital C d (new)
Recital C d (new)
C d. whereas approximately 8 % of EU citizens belong to a national minority and approximately 10 % speak a regional or minority language; whereas the EU has still not developed a common EU legal framework to guarantee their rights as members of a minority or to sanction the curtailing of their rights in Member States;
Amendment 23 #
2018/2111(INI)
Draft opinion
Recital C e (new)
Recital C e (new)
C e. whereas, according to the Commission’s 2017 EU Citizenship Report, since 2012 a growing number of people have reported experiencing some form of discrimination;
Amendment 24 #
2018/2111(INI)
Draft opinion
Recital C f (new)
Recital C f (new)
C f. whereas free movement is one of the four fundamental freedoms of the EU, a cornerstone of European integration, and one of the most valued rights of EU citizens; whereas the right to free movement and its exercise is central to EU citizenship; whereas EU citizens may still experience a number of persisting or new barriers to exercising their free movement and residence rights, such as excessive documentation requirements, burdensome procedures for obtaining residence rights, difficulties in accessing health services, or lengthy procedures for obtaining access to work or having professional qualifications recognised; whereas some European citizens have been subjected to expulsions or expulsion orders within the EU;
Amendment 25 #
2018/2111(INI)
Draft opinion
Recital C g (new)
Recital C g (new)
C g. whereas the creation of the Schengen area and the integration of the Schengen acquis into the EU framework greatly enhances freedom of movement within the EU and is one of the greatest achievements of the European integration process; whereas the Council of the European Union, in its conclusions Nos. 9166/3/11 and9167/3/11 of 9 June 2011, confirmed the successful conclusion of the evaluation process and the technical readiness of Bulgaria and Romania to accede to the Schengen area;
Amendment 26 #
2018/2111(INI)
Draft opinion
Recital D
Recital D
D. whereas the European citizParliament is the only directly-elected EU institution; whereas it defends are directly represented in the European Parliament andthe interests of EU citizens in the EU decision-making process; whereas the principles of representative democracy, accountability and transparency are fundamental pillars of the European Parliament; whereas European citizens have a democratic right to stand and vote in European elections, even when residing in another territory;
Amendment 30 #
2018/2111(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
D a. whereas the risk of disenfranchisement of nationals who move from their countries of origin to another Member State may inhibit EU citizens from exercising their right to move to and reside in another Member State;
Amendment 31 #
2018/2111(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
D b. whereas some of the most important consequences of the expected withdrawal of the United Kingdom from the European Union concerns the legal status, rights and duties of UK nationals living in the European Union, and of EU citizens living in the United Kingdom, from the moment the withdrawal takes effect; whereas millions of citizens who have availed themselves of the right to live, establish a family, work, study and retire in the UK and in the EU 27, and have made defining life choices based on these rights, now face great uncertainties and anxiety regarding their future;
Amendment 33 #
2018/2111(INI)
Draft opinion
Recital D c (new)
Recital D c (new)
D c. whereas Northern Ireland is the part of the UK most distinctly affected by Brexit; whereas the introduction of a ‘hard border’ with the Republic of Ireland is a particular concern affecting free movement and EU citizenship rights;
Amendment 40 #
2018/2111(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasizes that autochthonous national, ethnic or linguistic minority communities represent a special contribution to European diversity and culture; reminds that preserving and promoting cultural and linguistic diversity within and between Member States is a fundamental value and at the same time a major task of the European Union;
Amendment 42 #
2018/2111(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Points out that Union citizens are not sufficiently aware of their rights deriving from citizenship of the Union, including the right to vote in European and local elections or to receive consular protection from other Member States’ embassies; Considers that the EU should raise awareness to these rights and should promote the participation of citizens exercising their rights to freedom of movement in local and Union elections;
Amendment 50 #
2018/2111(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to regularly monitor the application of Directive 2004/38/EC in Member States and to take appropriate measures to remove potential obstacles to the freedom of movement;
Amendment 51 #
2018/2111(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the Council of the EU and the European Council to allow all countries that fulfil the necessary technical criteria to become members of the Schengen area, thereby allowing all EU citizens to enjoy freedom of movement unhindered by border-checks;
Amendment 52 #
2018/2111(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Recalls that while the right to be able to vote in elections is the most important of political participation rights it is also intrinsically linked to the right of free movement in the European project, a fact exposed in the Brexit referendum, in which more than 700 thousand British expat citizens who exercised their right to free movement were notentitled to vote; Stresses that citizens who move to and reside in another Member State should have the possibility to exercise their right tovote in the national elections of their country of origin; calls on MemberStates that disenfranchise nationals who choose to live for an extended periodof time in another Member State to ease the conditions for these nationals and preservetheir right to vote in national elections;
Amendment 53 #
2018/2111(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that almost 7 million EU citizens currently live in countries outside the EU, and that this number is expected to increase to at least 10 million by 2020. Calls for the full and effective implementation of Directive (EU) 2015/637 to ensure consular protection for EU citizens in third countries where their Member States are not represented;
Amendment 63 #
2018/2111(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. IConsists that the Member Staders that in order to give substance to the references to minorities and to the equality of all EU citizens made in Articles 2 and 9 TEU, respectively, and in order to bettesr recognise language discrimination as a violation of Article 2 of the TEU; calls on the Fundamental Rights Agency to start dealing with anti-regional or minority language discriminationach the potential of EU citizenship, the EU should take steps to guarantee the protection of the founding values of the EU and of the rights of minorities; reiterates the need for a comprehensive European Union protection system for autochthonous national, ethnic and linguistic minorities by incorporating existing international law instruments and following proven best practices in the EU; considers that such a framework should have its own high standards and be accompanied by a robust monitoring mechanism; calls on the Fundamental Rights Agency to start carrying out enhanced monitoring of discrimination against autochthonous national and ethnic minorities in its work programme;
Amendment 70 #
2018/2111(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. CallsStresses that the safeguarding onf the UK Government to ensure that the rights of EU citizens living in the UK are protected post-Brexit, an entitlement they possess under the Treaties.rights and interests of EU-27citizens living or having lived in the United Kingdom, and of United Kingdom citizens living or having lived in the EU-27, must be treated as an absolute priority in the negotiations on the UK's withdrawal agreement; Is extremely concerned about the current state of negotiations on the UK leaving the EU and about the disastrous consequences a no-deal scenario would have on the lives of over five million people; Calls on the UK Government and on EU institutions and Member States to ensure that the rights of EU citizens living in the UK and the lives of UK citizens living in the EU are protected post-Brexit;
Amendment 19 #
2018/2103(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
Amendment 64 #
2018/2103(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas there is a strong link between minority rights and the principle of the rule of law; whereas Article 2 of the TEU expressly mentions the rights of persons belonging to minorities and whereas these rights deserve to be accorded the same treatment as the other rights enshrined in the Treaties;
Amendment 67 #
2018/2103(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas despite numerous conventions, resolutions and recommendations adopted by international organizations the situation of autochthonous national or linguistic minorities has been deteriorating in many countries of Europe; whereas passive or active state policies, intolerance, economic and social forces as well as globalization all contribute towards an accelerating assimilation process;
Amendment 323 #
2018/2103(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Autochthonous national and linguistic minorities
Amendment 324 #
2018/2103(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that the EU has a responsibility to protect and promote the rights of autochthonous national and linguistic minorities; Calls on the Commission to draw up a comprehensive common EU minority protection legal framework with its own high standards and with a robust monitoring mechanism by incorporating existing international law instruments and following proven best practices in the EU; calls on the Commission to draw up a roadmap towards establishing this system;
Amendment 4 #
2018/2036(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the Copenhagen criteria, and the body of Union rules that a candidate country must fulfil if it wishes to join the Union (the acquis),
Amendment 13 #
2018/2036(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Council of Europe’s Congress of local and regional Authorities Resolution 424 (2017) - Regional and minority languages in Europe today,
Amendment 17 #
2018/2036(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to its resolution of 7 February 2018 on protection and non- discrimination with regard to minorities in the EU Member States (2017/2937(RSP)),
Amendment 22 #
2018/2036(INI)
Motion for a resolution
Citation 11
Citation 11
– having regard to its annual resolution of 13 December 2016s on the situation of fundamental rights in the European Union1, _________________ 1 Texts adopted, P8_TA(2016)0485.,
Amendment 28 #
2018/2036(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regards to its report of 30 November 2017on the EU Citizenship Report 2017: Strengthening Citizens’ Rights in a Union of Democratic Change (2017/2069(INI)),
Amendment 29 #
2018/2036(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
– having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL)),
Amendment 30 #
2018/2036(INI)
Motion for a resolution
Citation 14
Citation 14
– having regard to the decision and case law of the Court of Justice of the European Union, in particular case T- 646/13 - Minority SafePack - one million signatures for diversity in Europe v Commission,
Amendment 41 #
2018/2036(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 45 #
2018/2036(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the essence of protecting minority rights is protecting the right to identity in face of the threat of assimilation; whereas autochthonous national minorities developed their national identities and institutions for centuries while living on the same territory; whereas the right to identity bears both an individual and collective rights aspect with benefits to both the individual and to the community;
Amendment 48 #
2018/2036(INI)
C. whereas the Treaty of Lisbon introduced the term ‘persons belonging to minorities’ into EU primary law, the first- ever explicit reference in the history of the EU law; whereas Article 2 of the Treaty makes it clear that ‘respect for human rights, including the rights of persons belonging to minorities’ is a value on which ‘the Union is founded’; whereas Article 2 of the Treaty affirms that this value is ‘common to the Member States in a society in which pluralism, non- discrimination, tolerance, justice, solidarity and equality between women and men prevail’; whereas the new EU Treaties, following the approach of international law in this respect, do not defse rights deserve to be accorded the same treatment as the other rights enshrined ine the term ‘minoriTreaties’;
Amendment 53 #
2018/2036(INI)
Motion for a resolution
Recital D
Recital D
D. whereas by becoming legally binding, the Charter of Fundamental Rights of the EU has laid down the principle of non-discrimination; whereas the values of the European Union are common to the Member Statesuropean Union made the notion ‘national minorities’ a term of EU law; whereas Article 21 of the Charter explicitly underlines that discrimination on grounds such as ethnicity, language, religion or the like is prohibited; whereas Article 22 emphasizes that “The Union shall respect cultural, religious and linguistic diversity”;
Amendment 56 #
2018/2036(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the right to equal treatment is one of the founding principles of the European Union; whereas equal treatment is a basic right, not a privilege, of all citizens; whereas, when laying down the citizenship of the Union, article 9 of the TEU expressly mentions that the Union shall observe the principle of equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies;
Amendment 57 #
2018/2036(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Copenhagen criteria are part of the EU accession criteria; whereas one of the threeone of the three Copenhagen accession criteria clearly requires countries to ensure democracy, the rule of law, human rights and respect for, and protection of, minorities; whereas the Copenhagen criteria are only enforceable in a pre-accession phase; whereas there is no further monitoring of minority rights once a candidate country becomes a member states; whereas the EU is still lacking common EU standards for minority protection for EU Member States and is still unable to protect EU citizens from the effects breaches of the Copenhagen criteria would entail;
Amendment 58 #
2018/2036(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas experience shows that, pre-accession countries are more willing to respect the Copenhagen criteria on democracy, rule of law and fundamental rights and to advance the situation of minorities; whereas, as a consequence of the lack of an adequate framework to guarantee the fulfilment of these criteria after accession, serious backsliding is experienced in many member states following EU membership; whereas Member States have even backtracked on commitments undertaken in the accession negotiations without impunity and without being held to any account by the EU institutions;
Amendment 63 #
2018/2036(INI)
Motion for a resolution
Recital F
Recital F
F. whereas recent developments have shown thatstrong legal instruments and processes to ensure the full and correct application of the principles and values of the Treaties – of whichat Treaty principles and values are upheld throughout the Union need to be developed; whereas the respect for rights of persons belonging to minorities is a constitufundamental part – need to be revised and integrated, and that an effective mechanism to close remaining gaps, and to ensure that Treaty principles and values are upheld throughout the Union, should be developed; whereas this mechanismof these values; whereas such instruments should close remaining gaps in minority protection, should be evidence-based, objective, non- discriminatory, respecting the principles of subsidiarity, necessity and proportionality, applying to both Member States and institutions of the Union, and based on a graduated approach, including both a preventative and corrective arm;
Amendment 66 #
2018/2036(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas linguistic diversity is an important part of a region’s cultural wealth; whereas the decline of minority languages is perceptible across Europe; whereas languages that are spoken by small communities and have no official status, are even more exposed to the risk of extinction;
Amendment 73 #
2018/2036(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas there are very high discrepancies across member states in the recognition of such minorities and the respect of their rights; whereas so far the EU has not been able to sanction or prevent discriminative practices having a negative impact on the languages and cultures of persons belonging to national minorities; whereas such minorities across the EU still face institutionalized discrimination and encounter obstacles in the enforcement of their basic rights, such as the right to use their own language and to have access to justice, public services, education, health and social services, as reflected in various monitoring reports;
Amendment 78 #
2018/2036(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas there is a difference between the protection of minorities and anti-discrimination policies; whereas non- discrimination is not enough to stop assimilation; whereas effective equality goes further than refraining from discrimination and means guaranteeing minorities the enjoyment of their rights, such as the right to identity, language use and education on par with the majority;
Amendment 85 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Confirms that national minority communities represent a special contribution to European diversity and culture; reminds that preserving and promoting cultural and linguistic diversity within and between Member States is a fundamental value and at the same time a major task of the European Union; recalls its calls from previous reports and resolutions, particularly from the most recent resolution of 7 February 2018 on the protection and non-discrimination with regard to minorities in the EU Member States, for more consistency in the field of minority protection in the EU; believes that all Member States as well as candidate countries should be bound by the same principles and obligations; stresses the need for a comprehensive European Union protection system for national minorities, accompanied by a robust monitoring mechanism;
Amendment 87 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Points out the inconsistency of the EU’s attitude toward minorities - while protection of minorities is a part of the Copenhagen criteria, there are still no common EU standards for minority rights in the EU and consequently there are no guarantees that candidate states stick to the commitments undertaken under the Copenhagen criteria once they became Member States; Finds it unacceptable that 60 years after its establishment, and almost ten years after the adoption of the Lisbon Treaty, the EU still lacks effective tools to monitor and enforce the respect of minority rights; Deeply regrets that in the field of minority protection the EU has either taken for granted the assumption that its Member States comply with minority rights or has relied on external monitoring instruments, such as those of the UN, CoE and OSCE, which present an uneven coverage regarding geography and scope as well as limitations regarding monitoring and follow-up;
Amendment 90 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
Amendment 91 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Emphasises that EU citizens belonging to minorities expect more to be done on a European level for the protection of their rights, as attested by the large number of petitions submitted to the European Parliament in this regard, as well as by the initiation of the ‘Minority Safepack’ European Citizens’ Initiative (ECI) - One million signatures for diversity in Europe; welcomes the success of the ECI in gathering the support of over 1.3 million EU citizens in asking the EU to adopt a set of legal acts aimed at improving the protection of persons belonging to national and linguistic minorities and at strengthening cultural and linguistic diversity in the Union; Expresses its strong support for the initiative in the forthcoming stages of the ECI procedure;
Amendment 99 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Recalls that while protection of minorities is a part of the Copenhagen criteria, both for the candidate countries and for the Member States, there is no guarantee that candidate states stick to the commitmentsthere is no common understaken under the Copenhagen criteria once they became Member States; recalls that there is no standard for minority rights in Union policy nor a common understandingnding in the Union of who can be considered a member of a minority; notes that there is no definition of minorities in the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, nor in the Framework Convention for the Protection of National Minorities (FCNM); recommends that, with respect to the principles of subsidiarity, proportionality and non-discriminationnational minorities, such a definition should be based on the definition, laid down in Council of Europe Parliamentary Assembly Recommendation 1201(1993) for an additional protocol on the rights of minorities to the European Convention on Human Rights, of a ‘national minority’ as a group of persons in a state who
Amendment 125 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that the FCNM and the Language Charter are major achievements of the international minority protection system and important international standard-setting tools for States-Parties; points out, however, that beside the fact that not all EU Member States signed the FCNM and the Language Charter, the effect of the agreements is weakened by a slow ratification process, the reservations made by the Parties and, not least, by a lack of scrutiny powers, which makes them dependent on the good will of states; whereas systematic non-implementation of judgements, decisions and recommendations also leads to a normalisation of non-compliance with the two international instruments;
Amendment 133 #
2018/2036(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses that there is a need for a legislative proposal on minimum standards of protection of minorities in the EU, for improving tIs firmly convinced that in order for the fundamental rights and freedoms of persons belonging to minorities are respected to an equal degree across all the EU it is essential for the EU to lay down a comprehe nsituative common ofEU minorities in all the Member States and to avoid double standards, while respecting the principle of subsidiarity and proportionality, and after carrying out a proper impact assessment; calls on the Commission and the Member States to ensure that their legal systems guarantee that persons belonging to a minority are not discriminated against, and to take and implement targeted protection measures based on relevant international standardsy protection system with its own high standards; considers that such standards should start from those already codified in international law instruments and that such standards should be strongly embedded in a legal framework guaranteeing democracy, rule of law and fundamental rights across the EU and accompanied by a functioning monitoring mechanism; considers that the development of these standards should be accompanied by a granting a comprehensive role to the Court of Justice of the European Union in ensuring the compliance of member States with EU- relevant legal standards on minority protection;
Amendment 139 #
2018/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls onUrges the Member States, while safeguarding the national citizenship, and calls on the Commission, while promoting the European identity and common values, and the European Commission to safeguard the right of national minorities to preserve, protect and develop their own identity, and to take the necessary steps to ensure the effective participation of national minorities in social, economic and cultural life and in public affairs;
Amendment 160 #
2018/2036(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. NotHighlights that non-discrimination policies alone do not solve the issues minorities are faced with and do not stop assimilation; Stresses that persons belonging to minorities are in a special category with regard to the right to remedies and have specific needs that must be met if they are to achieve full and effective equality, and that their rights should be respected and promoted, including the right to freely express, preserve and develop their cultural or linguistic identity, free from any attempt at assimilation against their will;
Amendment 164 #
2018/2036(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and Member States to collect reliable and comparable equality data in consultation with minority representatives in order to measure inequalities and discrimination; calls for effective EU-wide monitoring of the situation of autochthonous national minorities; considers that the European Union Agency for Fundamental Rights should carry out enhanced monitoring of discrimination against national minorities in Member States;
Amendment 184 #
2018/2036(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that autochthonous national minorities are groups of persons belonging to minorities who have been living on the same territory and sharing a common identity, in some instances as a result of border changes, in others as a result of living a long time in an area, whereby they have managed to preserve their identity; calls on the Member States and the Commission to protect the cultural and linguistic identity of national minorities, and to create conditions for the promotion of that identity; points to the important role that regional and local authorities in the EU can play in protecting national minorities, and considers that administrative reorganisation and territorial districting must not have negative consequences for them;
Amendment 191 #
2018/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. NotStresses that persons belonging to autochthonous national minorities should have the right to exercise fully and effectively their human rights and fundamental freedoms without any discrimination and in full equality before the law; calls on the Member States and the Commission to protect the cultural and linguistic identity of national minorities, to create conditions for the preservation promotion of that identity, including among others by ensuring effective participation of autochthonous national minorities in social, economic and cultural life and in public affairs; encourages Member States to formulate and effectively implement comprehensive national strategies and adopt framework laws on the protection of national minorities, using proven best practices; urges Member states to refrain from adopting laws or administrative measures that intentionally or unintentionally have the effect of assimilating minorities against their will, encourage emigration or change the ethnic structure in a specific region;
Amendment 194 #
2018/2036(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to refrain from any administrative reorganisation and territorial arrangements that have negative consequences on national minorities; stresses that territorial arrangements can also contribute to effectively protecting minority rights with a collective dimension and avoiding assimilation; considers that autonomous regions are a source of inspiration for conflict resolution in Europe; points out that the special status enjoyed by regions of some European States deepen the democratic process and lead to more prosperity and stability to those regions and their states; encourages Member States to consider with openness the benefits of both territorial or non- territorial functional forms of autonomy;
Amendment 195 #
2018/2036(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Points to the important role that regional and local authorities in the EU can play in protecting autochthonous national minorities; considers that effective participation in decision-making, based on the principles of subsidiarity and self-governance, is one of the most effective ways of handling the problems of national minorities; encourages Member States to give local communities more decision-making powers in as many policy areas as possible, in line with the principle of subsidiarity, to allocate adequate financial resources to enable local communities to get closer to the state institutions and to gain real influence over decisions affecting their lives; encourages Member States to provide financial resources for the implementation of minority rights from the central budget, so as not to burden local budgets;
Amendment 196 #
2018/2036(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Calls on Member States to adopt electoral systems and laws facilitating the representation of autochthonous national minorities;
Amendment 197 #
2018/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. NStresses that cultural activities are essential areas for preserving the identity of national minorities; he preservation of the traditions of minorities, the expression of artistic values in the mother tongue are particularly important when it comes to preserving European diversity; notes that maintaining the cultural heritage of the EUminorities is a common interest of the Member States and the EU; calls on the EU institutions and its Member States to support, enhance and promote the cultural rights of national minorities;
Amendment 207 #
2018/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to involve and support national minorities and their representatives in fostering knowledge and skills that are necessary in order to safeguard, sustainably manage and develop cultural heritage and that should be handed down to future generations; calls on the Member States and the Commission to establish and maintain concrete cultural funds for the representatives of regional and minority rights, both at horizontal and vertical levels in order to ensure effective, transparent and equal support for the cultural life of minority communities;
Amendment 210 #
2018/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the fact that media plays a central role with regard to cultural and linguistic rights; recalls that being able to receive and publish information in a language one can fully understand and communicate in is a precondition for equal and effective participation in public, economic, social and cultural life; notes in this regard that special attention must be given to the needs of persons belonging to national minorities living in rural and remote areas; expresses concern over the underfunding of media outlets that publish or broadcast in regional or minority languages; Calls on Member States to provide appropriate funding to organisations or media outlets representing minorities in order to contribute to the preservation of minorities; cultural identities, as well as to share their views, language and culture with the majority;
Amendment 250 #
2018/2036(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. NoteRecalls that education is has a key element ofrole in the socialiszation and, identity development, and cultural reproduction of minorities; stresses that the continuity of mother tongue education is vital to preserving their cultural and linguistic identity; notescalls on member States to ensure that, when it comes tore there is a need it is possible to study in a minority language efor the entire ducration, there is no one singl of schooling from preschool and primary school through secondary education to vocational and higher education; notes that, when it comes to minority language education, there are best- practice models that is suitable for all national minorities; can be followed, such as that from Alto Adige/Südtirol, where each linguistic minority has its own educational system in their own language or that from Finland;
Amendment 256 #
2018/2036(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States and the Commission to promote and support the official use of languages spoken by national minorities in the territories where they live, at local or regional level, in conformity with the principles of the FCNM and the Language Charter, while taking into account that the protection and encouragement of the use of regional and minority languages should not be to the detriment of official languages and the obligation to learn them;
Amendment 258 #
2018/2036(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Expresses its regret that some Member States have not yet ratified the Language Charter and that even some that ratified it do not implement it effectively; is disappointed by the fact that in some member States existing rights are either not implemented or are outright flouted;
Amendment 259 #
2018/2036(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States and the Commission to ensure that persons belonging to national minorities have rights and adequate opportunities to receive education in a minority language and for instruction in their mother tongue in both public and private educational institutions; calls on the Member States to formulate appropriate education policies, bearing in mind the right for education in a minority language and the needs of national minorities; calls on the Members States and the Commissionencourages Members States to put in place education policies that are most suitable for the needs of national minorities, including through specific educational systems or through special curricula and textbooks and to incorporate the best practices in teaching foreign languages into the methodology of teaching official languages when it comes to curricula for schools which provide education in a minority language; notcalls on the Commission to issue recommendations and facilitate the sharing of best practices in this regard; stresses that the Member States should ensure that both the regional or minority language and the official language are taught using appropriate methods;
Amendment 265 #
2018/2036(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Emphasises the importance of higher education in mother tongue and of the formation of specialists with knowledge of specialised terminology, especially in regions with a large number of speakers of the language concerned; highlights the critical need to instruct doctors in minority languages, considering the need to interact with minority patients; strongly condemns the obstructions in place in some Member States in this regard;
Amendment 272 #
2018/2036(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to define preferential thresholds in the learning of regional or minority languages and to apply them with flexibility in light of the interests of the community; calls on the Member States and the Commission to ensure that people belonging to national minorities living in rural areas, or living in widely scattered settlements, have the right to receive education in a minority language, e.g. in their mother tongue and ; calls on the Member States and the Commission to ensure that education reforms and policies do not restrict the right to receive education in a minority language;
Amendment 278 #
2018/2036(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Underlines that teaching the language of minorities contributes to the mutual understanding between the majority and minority and brings the communities closer together; therefore in regions with a large number of minorities, the teaching of minority languages should be made possible in the majority language schools for students who wish to study the language;
Amendment 286 #
2018/2036(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that language is an essential aspect of cultural identity and the human rights of minorities; calls on the Member States to take into consideration this rights perspective, to ensure the right to use a minority language in private as in public places without any discrimination, to ensure that language can be passed on from one generation to the next and to protect linguistic diversity within the Union; calls on the Commission to strengthen its plan to promote the teaching and use of regional languages as a potential means of tackling language discrimination in the EU, and to promote linguistic diversity;
Amendment 291 #
2018/2036(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls the Member States and the Commission to allow and promote, with regard to the administrative authorities and public service organisations, the use of regional or minority languages in practice, according to the principle of proportionality, such as in relations between private individuals and organisations on the one hand, and public authorities on the other; calls on the Member States to make information and public services available in these languages, including on the internet, in areas where people belonging to national minorities are traditionally present; encourages municipal authorities to ensure the use of regional and minority languages; encourages the Member States to use the good practices already existing within the Member States as guidelines; encourages Member States that, wherever possible, to raise minority languages to the status of second official language in the localities where such languages are traditionally used;
Amendment 305 #
2018/2036(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. CUrges the Member States to end linguistically discriminatory practices; calls on the Member States to take action to prevent administrative and financial obstacles that could delay linguistic diversity at European and national level and impede the usage and application of linguistic rights of persons belonging to national minoritiesimpinge upon the linguistic rights of persons belonging to national minorities and hamper linguistic diversity at national and European level;
Amendment 307 #
2018/2036(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Strongly believes that the EU should be a true trendsetter in matters of minority rights in the world; believes that by building a legally binding common protection framework would not only solve the Copenhagen dilemma but would also strengthen its credibility vis-à-vis third countries when acting in matters of human rights violation across the globe; Believes that this would be of great importance in regards to the prospect of the EU’s Western-Balkan enlargement and its neighbourhood policy.
Amendment 321 #
2018/2036(INI)
Motion for a resolution
Paragraph 30 – introductory part
Paragraph 30 – introductory part
30. Calls on the Commission to draw up a roadmap towards establishing minimum standards for the protection of minorities; recommends that this roadmap should contacomprehensive common EU minority protection legal framework with its own high standards and with a robust monitoring measurable milestones with regular reporting, and should consist, as a minimum ofchanism by incorporating existing international law instruments and following proven best practices in the EU; calls on the Commission to draw up a roadmap towards establishing this system;
Amendment 324 #
2018/2036(INI)
Motion for a resolution
Paragraph 30 – indent 1
Paragraph 30 – indent 1
Amendment 328 #
2018/2036(INI)
Motion for a resolution
Paragraph 30 – indent 2
Paragraph 30 – indent 2
Amendment 332 #
2018/2036(INI)
Motion for a resolution
Paragraph 30 – indent 3
Paragraph 30 – indent 3
Amendment 337 #
2018/2036(INI)
30a. Calls on the Commission to establish an EU Commissioner responsible for minority communities and languages in the EU;
Amendment 90 #
2018/2034(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission communication of 13 March 2018 on monitoring the implementation of the European Pillar of Social Rights (EPSR) (COM(2018)0130), which aligns the Pillar with the European Semester cycle by reflecting the priorities of the EPSR in the analysis of measures taken and progress made at national level;
Amendment 114 #
2018/2034(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the euro area Member States to take full advantage of the positive economic outlook and pursue labour market reforms fostering reliable labour contracts and tackling bogus self- employment and promoting adequate social protection for all types of contracts;
Amendment 123 #
2018/2034(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the euro area Member States to ensure the long-term sustainability of pension systems that do not overburden the younger generation, and to reduce the risk of poverty in old age; notes with concern that in some euro area Member States the gender pension gap, as well as the rate of early retirement, remains high;
Amendment 147 #
2018/2034(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the euro area Member States to undertake the necessary reforms to increase the accessibility, quality and cost- effectiveness of their healthcare systems;
Amendment 7 #
2018/0390(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The United Kingdom should thus be included in Annex II to [Regulation (EC) No 539/2001]28 as regards British citizens. _________________ 28This is entirely conditional upon the United Kingdom also granting reciprocal and non-discriminatory visa- free travel for all Union citizens, in line with the principles of full reciprocity and non-discrimination. _________________ 28 See footnote 23. See footnote 23.
Amendment 17 #
2018/0247(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Regulation (EU) No 231/201414 expires on 31 December 2020. In order to maintain the Union's effectiveness in external actions, a framework for planning and delivering external assistance should be maintainedof the Union’s enlargement policy, it should continue to be supported by a specific funding instrument for financing external action. _________________ 14 Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre-accession Assistance (IPA II) (OJ L 77, 15.3.2014, p. 11).
Amendment 18 #
2018/0247(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The objectives of an instrument for pre-accession are substantially distinct fromstem from both the general objectives of Union external action and the specific objectives of the EU’s enlargement policy, as this instrument aims to prepare the beneficiaries listed in Annex I for future membership of the Union and support their accession process. It is therefore essential to have a dedicated instrument in support of enlargement, while ensuring its complementarity with the general objectives of Union external action and in particular with the Neighbourhood, Development and International Cooperation Instrument (NDICI).
Amendment 19 #
2018/0247(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Article 49 of the Treaty on European Union (TEU) provides that any European state which respects the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, and commits to promote these values, may apply to become a member of the Union. A European State which has applied to join the Union can become a member only when it has been confirmed that it fully meets the membership criteria established at the Copenhagen European Council in June 1993 (the ‘Copenhagen criteria’) and provided that the Union has the capacity to integrate the new member. The Copenhagen criteria relate to the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities, the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union, and the ability to assume not only the rights but also the obligations under the Treaties, including adherence to the aims of political, economic and monetary union.
Amendment 21 #
2018/0247(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The enlargement policy of the Union is an investment in peace, security and, stability and prosperity in Europe. It provides increased economic and trade opportunities to the mutual benefit of the Union and the aspiring Member States. The prospect of Union membership hascan have a powerful transformative effect, embedding positive democratic, political, economic and societal change. This potential should be tapped into to the highest possible degree.
Amendment 27 #
2018/0247(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Assistance should also be provided in compliance with the agreements concluded by the Union with the beneficiaries listed in Annex I. Assistance should mainly focus on assisting the beneficiaries listed in Annex I to strengthen democratic institutions and the rule of law, reform the judiciary and public administration, respect fundamental rights, including the rights of persons belonging to minorities, and promote gender equality, tolerance, social inclusion and non- discrimination. Assistance should also support adherence to the key principles and rights as defined in the European Pillar of Social Rights.17 Assistance should continue to support their efforts to advance regional, macro-regional and cross-border cooperation as well as territorial development, including through implementation of Union macro-regional strategies. It should also enhance their economic and social development and economic governance, underpinning a smart, sustainable and inclusive growth agenda, including through implementation of regional development, agriculture and rural development, social and employment policies and the development of the digital economy and society, also in line with the flagship initiative Digital Agenda for the Western Balkans. _________________ 17 European Pillar of Social Rights solemnly proclaimed by the European Parliament, the Council and the Commission at the Gothenburg Social Summit for Fair Jobs and Growth, Gothenburg 17 November 2017.
Amendment 30 #
2018/0247(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Union should provide support to the transition towards accession for the benefit of the beneficiaries listed in Annex I, based on the experience of its Member States and its own institutions and bodies. This cooperation should focus in particular on the sharing of experience acquired by the Member States in the reform process.
Amendment 32 #
2018/0247(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Enhanced strategic and operational cooperation between the Union and the beneficiaries listed in Annex I on security is pivotal to addressing effectively and efficiently security and terrorism threats. The European Union should invest in capacity building, institutional strengthening and training of law- enforcement agencies and facilitate police and judicial cooperation between beneficiaries and EU Member States to counter threats posed by organised crime and terrorism, including radicalisation leading to violent extremism, the challenges related to the return of foreign terrorist fighters, and the trafficking of firearms and explosives. Attention should also be paid to capacity building in the area of cyber-security and the fight against cyber-crime.
Amendment 37 #
2018/0247(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is essential to further step up cooperation on migration including border managementconsolidate border and migration management capacities and to improve cooperation with the European Union in this area, ensuring access to international protection, sharing relevant information, strengthening the development benefits of migration, facilitating legal and labour migration, enhancing border control, ensuring the effective implementation of readmission and return policies and pursuing ourcommon efforts in the fight against irregular migration, trafficking in human beings and migrant smuggling.
Amendment 43 #
2018/0247(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Migration, border management and security are cross-cutting policy fields in which the EU can provide an effective response only through full coherence and the use of synergies of the relevant internal and external funding instruments. It is therefore essential to apply an integrated approach which takes into account the actions of the beneficiary countries and ensures coherence, consistency and synergies between the different EU funding instruments with a view to maximize their leverage and impact, both for beneficiaries outside the Union and for the Union itself.
Amendment 46 #
2018/0247(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Strengthening the rule of law, including the independence of the judiciary, democracy and fundamental rights, safeguarding and promoting the independence of the media, the fight against corruption and organised crime, and good governance, including public administration reform, remain key challenges in most of the beneficiaries listed in Annex I and are essential in order for beneficiaries to come closer to the Union and later to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, financial assistance under this Regulation should address the requirements placed on the beneficiaries listed in Annex I as early as possible.
Amendment 51 #
2018/0247(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In view of the ethnic complexity of the Western Balkans region and its recent turbulent history of ethnic relations, the protection of national, ethnic and linguistic minorities is of particular importance. In order for minority protection to become a force for stability in candidate and potential candidate countries, the European Union should support governments in the adoption, monitoring and effective application of legal minority protection frameworks based on relevant international norms. In this, the EU should capitalise the lessons learnt during and after former accession negotiations.
Amendment 52 #
2018/0247(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The situation of the Roma remains particularly problematic in most of the candidate and potential candidate countries, where they continue to suffer from pervasive discrimination, miserable living conditions, inadequate access to basic social services and extremely high rates of illiteracy and early school leaving, which in turn reinforces their social exclusion. IPA III should assist in the provision of well-targeted and strategy- based support for improving the situation of the Roma in the beneficiaries.
Amendment 56 #
2018/0247(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The priorities for action towards meeting objectives in the relevant policy areas which will be supported under this Regulation should be defined in a programming framework established by the Commission for the duration of the Union multiannual financial framework for the period from 2021 to 2027 in partnership with the beneficiaries listed in Annex I, based on the enlargement agenda and their specific needs, in line with the general and specific objectives defined by this Regulation and taking relevant national strategies and resolutions of the European Parliament into due account. The programming framework should identify the areas to be supported through assistance with an indicative allocation per area of support, including an estimate of climate-related expenditure.
Amendment 57 #
2018/0247(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) It is in the Union'scommon interest to assistof the Union and the beneficiaries listed in Annex I to assist the beneficiaries in their efforts to reform with a view to Union membership. Assistance should be managed with a strong focus on results and with incentives for those who demonstrate their commitment to reform through efficient implementation of pre-accession assistance and progress towards meeting the membership criteria.
Amendment 60 #
2018/0247(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) There should be clear consequences in cases of serious deterioration with respect to the rule of law, democracy, human rights and fundamental freedoms in a candidate or potential candidate country or where the beneficiary violates the commitments taken in the relevant agreements concluded with the Union. In such cases, without prejudice to the budgetary procedure and the provisions on suspension of aid in international agreements with beneficiaries, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annex I to this Regulation with a view to suspend or partially suspend Union assistance. When taking such decisions, the Commission should ensure that financial support for actions directly benefitting the citizens, in particular those run by non-governmental actors directly related to the strengthening of the rule of law, democracy, human rights and fundamental freedoms, remains possible. Where the Commission finds that the reasons justifying the suspension of assistance no longer apply, it should be empowered to adopt delegated acts to amend Annex I with a view to reinstate Union assistance.
Amendment 68 #
2018/0247(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Transparency, communication and visibility activities are essential to raise awareness about Union actions on the ground. In order to raise awareness in the general public, the Commission, the Union delegations and beneficiaries should communicate clearly and effectively about the use of pre-accession assistance in recipient countries by outlining their objectives, use and results. The recipients of Union funding should acknowledge the origin of the Union’s funding and ensure its proper visibility. IPA III should contribute to financing communication actions to promote the results of the Union’s assistance to multiple audiences in the recipient countries.
Amendment 72 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) To strengthen the rule of law, democracy, the respect of human rights, fundamental rights and international law, civil society and security as well as improve migration management including border managementincluding the independence of the judiciary, democracy, the respect of fundamental rights, human rights, including the rights of minorities, compliance with international law, independence of the media, civil society and the fight against corruption;
Amendment 75 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) To improve migration and border management capacities and to strengthen strategic and operational cooperation with the EU including ensuring access to international protection, sharing of relevant information, facilitating legal and labour migration, enhancing border control, ensuring the effective implementation of readmission and return policies and the fight against irregular migration and migrant smuggling;
Amendment 76 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a b (new)
Article 3 – paragraph 2 – point a b (new)
(ab) To support capacity-building and training of law-enforcement agencies as well as strategic and operational cooperation with the EU on security issues in view of countering threats posed by organised crime, terrorism and cyber- crime;
Amendment 77 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) To reinforce the quality, effectiveness and accountability of public administration and support structural reforms and good governance at all levels;
Amendment 81 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) To shape the rules, standards, policies and practices of the beneficiaries listed in Annex I in alignment to those of the Union and to reinforce reconciliation and good neighbourly relations, as well as people to people contacts and communicationimprove their capacity to implement the EU acquis;
Amendment 85 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) To reinforce conflict prevention and to promote reconciliation, peace- building, good neighbourly relations, as well as people to people contacts and communication;
Amendment 93 #
2018/0247(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Suspension of Union assistance 1. In cases of serious deterioration in the respect for the rule of law, democracy, human rights and fundamental freedoms in a beneficiary or where a beneficiary violates the commitments taken in the relevant agreements concluded with the Union, the Commission shall be empowered, in accordance with Article 14, to adopt a delegated act to amend Annex I to this Regulation in order to suspend or partially suspend Union assistance. In the event of a partial suspension, the programmes for which the suspension applies shall be indicated. When taking such decisions, the Commission should ensure that financial support for actions directly benefitting the citizens, in particular those run by non-governmental actors directly related to the strengthening of the rule of law, democracy, human rights and fundamental freedoms, remains possible. 2. Where the Commission finds that the reasons justifying the suspension of assistance no longer apply, it shall be empowered to adopt a delegated act, in accordance with Article 14 to amend Annex I in order to reinstate Union assistance.
Amendment 97 #
2018/0247(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Articles 36 and 37 of [Regulation NDICI] shall apply. When providing financial assistance under this Regulation, the Commission and the Union delegations in the beneficiaries shall take all necessary measures in order to ensure the visibility of the Union's financial support, including monitoring recipients' compliance with those requirements. IPA- financed actions shall be subject to the requirements set out in the Communication and Visibility Manual for EU External Actions. The Commission shall adopt guidance for Union funded projects on visibility and communication actions for each beneficiary. 2. The Commission shall take measures to strengthen strategic communication and public diplomacy for communicating the values of the Union and highlighting the added value of the Union’s support. 3. The recipients of Union funding shall acknowledge the origin of the Union funding and ensure its proper visibility by: (a) providing a statement highlighting the support received from the Union in a visible manner on documents and communication material relating to the implementation of the funds, including on an official website, where such a website exists; (b) promoting the actions and their results by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. 4. The Commission shall implement information and communication actions relating to this Regulation, as well as the actions set out by it and the results achieved. Financial resources allocated to this Regulation shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are directly related to the objectives referred to in Article 3 and in Annexes II and III.
Amendment 106 #
2018/0247(COD)
Proposal for a regulation
Annex II – paragraph 1 – point a
Annex II – paragraph 1 – point a
(a) Establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law, democracy, fundamental rights and human rights, including the rights of minorities. Interventions in this area shall aim at: establishing independent, accountable and efficient judicial systems, including transparent and merit-based recruitment and promoting judicial cooperation, evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing; ensuring the establishment of robust systems to protect the borders, manage migration flows and provide asylum to those in need;safeguarding and promoting the independence of media, developing effective tools to prevent and fight organised crime, trafficking in human beings, migrants smuggling, money laundering/financing of terrorism and corruption; promoting and protecting human rights, rights of persons belonging to minorities, including Roma as well as lesbian, gay, bisexual, transgender and intersex persons fundamental freedoms, including freedom of the media and data protection.
Amendment 107 #
2018/0247(COD)
Proposal for a regulation
Annex II – paragraph 1 – point a a (new)
Annex II – paragraph 1 – point a a (new)
(aa) Promoting respect for the rights of persons belonging to national, ethnic or linguistic minorities. Interventions shall aim at: actions supporting the de- politicisation of minority issues, development of legislative frameworks and long-term strategies for the protection of minority rights; establishment of robust capacities for the monitoring of the application of existing minority protection legislation in practice in order to secure effective application and to remedy shortcomings; enabling the development of governmental/parliamentary/state administration and judiciary structures guaranteeing the participation of minorities and the establishment of specific bodies or fora for minorities, such as minority councils; facilitating and promoting the use of minority languages in education, public administration, and public and cultural life and media; sharing of best practices in the area of positive discrimination and affirmative actions;
Amendment 108 #
2018/0247(COD)
Proposal for a regulation
Annex II – paragraph 1 – point a b (new)
Annex II – paragraph 1 – point a b (new)
(ab) Improving the situation of the Roma. Interventions shall aim at: developing credible, comprehensive and adequately funded long-term strategies for Roma inclusion and integration; measures for improving the situation of Roma in the areas of education, health, housing and employment, targeted actions for reducing illiteracy and early school leaving; measures ensuring meaningful participation of Roma in public and political life;
Amendment 109 #
2018/0247(COD)
Proposal for a regulation
Annex II – paragraph 1 – point a c (new)
Annex II – paragraph 1 – point a c (new)
(ac) Consolidating border and migration management capacities. Interventions shall aim at: ensuring the establishment of robust systems to protect the borders, to manage migration flows and to provide asylum and international protection to those in need; strengthening cooperation with the EU on migration including border management, sharing relevant information, facilitating legal and labour migration, ensuring the effective implementation of readmission and return policies; fighting irregular migration, trafficking in human beings and migrants smuggling.
Amendment 110 #
2018/0247(COD)
Proposal for a regulation
Annex II – paragraph 1 – point a d (new)
Annex II – paragraph 1 – point a d (new)
(ad) Strengthening security capacities. Interventions shall aim at: capacity building, training and institutional strengthening of law enforcement authorities and facilitation of police and judicial cooperation between beneficiaries and EU Member States to counter threats originating from organised crime and terrorism, including radicalisation leading to violent extremism, the challenge of foreign terrorist fighters and the trafficking of firearms and explosives; capacity building in the area of cyber- security and fight against cyber-crime.
Amendment 112 #
2018/0247(COD)
Proposal for a regulation
Annex II – paragraph 1 – point b
Annex II – paragraph 1 – point b
(b) Reforming public administrations in line with the Principles of Public Administration. Interventions shall aim at: strengthening public administration reform frameworks; improving strategic planning and inclusive and evidence-based policy and legislative development; enhancing professionalisation and de-politicisation of public service by embedding meritocratic principles; promoting transparency and accountability; improving quality and delivery of services, including adequate administrative procedures and the use of citizen centred eGovernment; strengthening and modernising public financial management; reforming tax administrations, developing the digital economy and the production of reliable statistics.
Amendment 115 #
2018/0247(COD)
Proposal for a regulation
Annex II – paragraph 1 – point f
Annex II – paragraph 1 – point f
(f) Promoting the alignment of partner countries’ rules, standards, policies and practices to those of the Union, including state aid rulepublic procurement, competition and state aid rules and improving their capacity to implement the EU acquis.
Amendment 117 #
2018/0247(COD)
Proposal for a regulation
Annex II – paragraph 1 – point g
Annex II – paragraph 1 – point g
(g) Strengthening access to and quality of education, training and lifelong learning at all levels, and offering support to cultural and creative sectors. Interventions in this area shall aim at: reforming education systems and promoting equal access to quality early-childhood education and care, primary and secondary education, improving the provision of basic skills; increasing educational attainment levels, reducing early school-leaving and reinforcing teachers’ training. D; designing and implementing targeted and comprehensive measures towards the education of the Roma minority; developing vocational education and training (VET) systems and promoting work-based learning systems to facilitate the transition to the labour market; improving the quality and relevance of higher education; encouraging alumni related activities; enhancing access to lifelong learning and supporting investment in education and training infrastructure, particularly with a view to reducing territorial disparities and fostering non-segregated education and including through the use of digital technologies.
Amendment 123 #
2018/0247(COD)
Proposal for a regulation
Annex II – paragraph 1 – point n a (new)
Annex II – paragraph 1 – point n a (new)
(na) Fostering tourism and promotion of cultural and natural heritage. Interventions shall aim at: preservation and restoration of cultural heritage, including those of minorities, encouraging tourism; protection and promotion of natural heritage;
Amendment 2058 #
2018/0216(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States may decide to differentiate the amount of the basic income support per hectare amongst different groups of territories faced with similar, taking into account the following criteria: – socio-economic orand agronomic conditions; – the standard outlay of work necessary for cultivation. Differentiation may not be based purely on administrative allocation.
Amendment 2850 #
2018/0216(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point f
Article 46 – paragraph 3 – point f
(f) producer organisation operates in one of the outermost regions referred to in Article 349 TFEU or markets products predominantly from mountain areas;
Amendment 3242 #
2018/0216(COD)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
1. The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 62(1) actually paid and limited to 50% of the actual expenditure incurred. In the case of producer organisations operating exclusively in mountain areas, the financial contribution shall be increased to 70% of the actual expenditure incurred.
Amendment 39 #
2018/0207(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are, beside the still persisting challenges of intolerance and discrimination are also confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, the rights of minorities, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149 , (hereafter 'the predecessor Programmes'). __________________ 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014- 2020 (OJ L 115, 17.4.2014, p.3)
Amendment 46 #
2018/0207(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people's democratic, civic and social participation and fostering the rich diversity of European society both within and among Member States, based on our common history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 50 #
2018/0207(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens' engagement in society and ultimately their involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, diversity, dialogue and respect for others fosters a sense of belonging and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe. The values of mutual understanding, dialogue and respect for diversity can only be embedded on a European level if they are well-rooted in Member States themselves and in their regions. Therefore the programme should also promote these values within Member States among the various national, ethnic, linguistic or religious groups that together form the cultural richness and diversity of their society.
Amendment 53 #
2018/0207(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Remembrance activities and critical reflection on Member States’ and Europe’s historical memory are necessary to make citizens awarepromote mutual respect and a shared understanding of theour common history, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a European identity and sense of belonging together.
Amendment 67 #
2018/0207(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Misunderstanding, intolerance or suspicion towards national, ethnic, linguistic or religious minorities within Member States are not only barriers towards well-functioning and cohesive societies but can also entrench persisting or fuel new institutionalized discrimination from state authorities towards such minorities. The Programme should be used with the aim of dissolving such tensions and promoting mutual understanding, respect and social cohesion.
Amendment 73 #
2018/0207(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of people with disabilities in society, on an equal basis with others. People with disabilities are faced with barriers to, among other things, access the labour market, benefit from an inclusive and quality education, avoid poverty and social exclusion, enjoy access to cultural initiatives and media, or use their political rights. As a party to the United Nations Convention on the Rights of Persons with Disabilities (the UNCRPD), the Union and all its Member States have committed to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. The provisions of the UNCRPD have become an integral part of the Union legal order. In this regard the Programme should fund awareness raising activities to the challenges people with disability face in participating fully in society and enjoying their rights as equal citizens.
Amendment 73 #
2018/0207(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies face challenges of intolerance and discrimination and are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, the rights of minorities, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149, (hereafter ‘the predecessor Programmes’). __________________ 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014- 2020 (OJ L 115, 17.4.2014, p.3)
Amendment 79 #
2018/0207(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people’s democratic, civic and social participation and fostering the rich diversity of European society both within and among Member States, based on our common history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 86 #
2018/0207(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens’ engagement in society and ultimately their involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, diversity, dialogue and respect for others fosters a sense of belonging and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe. The values of mutual understanding, dialogue and respect for diversity can only be embedded on a European level if they are well rooted in Member States themselves and in their regions. Therefore, the programme should also promote these values within Member States in relation to the various national, ethnic, linguistic or religious groups that together make up the cultural richness and diversity of their societies.
Amendment 87 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) preventing and combating inequalities and discrimination on grounds of sex, racial or ethnic origin, membership of a national minority, religion or belief, disability, age or sexual orientation, and supporting comprehensive policies to promote gender equality and anti- discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance;
Amendment 89 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) The promotion of mutual understanding, dialogue and respect for diversity within Member States and the EU.
Amendment 94 #
2018/0207(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Remembrance activities and critical reflection on Member States’ and Europe’s historical memory are necessary to make citizens awarepromote mutual respect and a shared understanding of theour common history, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a European identity and sense of belonging together.
Amendment 97 #
2018/0207(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) CUnion citizens should also be moreare not sufficiently aware of their rights deriving from citizenship of the Union, including the right to vote in European and local elections or to receive consular protection from other Member States’ embassies. Citizens should be more aware of these rights and should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel able to enjoy and exercise all their citizenship rights, place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be. Civil society needs to be supported for the promotion, safeguarding and raising awareness of EU common values under Article 2 TEU and in contributing to the effective enjoyment of rights under Union law.
Amendment 105 #
2018/0207(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Misunderstanding, intolerance or suspicion towards national, ethnic, linguistic or religious minorities within Member States are not only barriers towards well-functioning and cohesive societies but can also entrench persisting or fuel new institutionalized discrimination from state authorities towards such minorities. The Programme should be used with the aim of dissolving such tensions and promoting mutual understanding, respect and social cohesion.
Amendment 110 #
2018/0207(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of people with disabilities in society, on an equal basis with others. People with disabilities are faced with barriers to, among other things, access the labour market, benefit from an inclusive and quality education, avoid poverty and social exclusion, enjoy access to cultural initiatives and media, or use their political rights. As a party to the United Nations Convention on the Rights of Persons with Disabilities (the UNCRPD), the Union and all its Member States have committed to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. The provisions of the UNCRPD have become an integral part of the Union legal order. In this regard the Programme should fund activities to raise the awareness of the challenges faced by people with disabilities in participating fully in society and enjoying their rights as equal citizens.
Amendment 142 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) preventing and combating inequalities and discrimination on grounds of sex, racial or ethnic origin, membership of a national minority, religion or belief, disability, age or sexual orientation, and supporting comprehensive policies to promote gender equality and anti- discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance;
Amendment 143 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) the promotion of mutual understanding, dialogue and respect for diversity within Member States and within the Union;
Amendment 147 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) protecting and promoting the rights of the child, the rights of people with disabilities, Union citizenship rights and the right to the protection of personal data.;
Amendment 148 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) raising awareness to the rights deriving from citizenship of the Union, and promoting participation of citizens exercising their rights to freedom of movement in local and Union elections.
Amendment 61 #
2018/0206(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 64 #
2018/0206(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Council of […] adopted revised guidelines for the employment policies of the Member States to align the text with the principles of the European Pillar of Social Rights, with a view to improving Europe's competitiveness and making it a better place to invest, create jobs and foster social cohesion. In order to ensure the full alignment of the ESF+ with the objectives of these guidelines, particularly as regards employment, education, training and the fight against social exclusion, poverty and discrimination, the ESF+ should support Member States, taking account of the relevant Integrated Guidelines and relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU, the post-2020 EU Framework for National Roma Integration Strategies and, where appropriate, at national level, the national reform programmes underpinned by national strategies. The ESF+ should also contribute to relevant aspects of the implementation of key Union initiatives and activities, in particular the "Skills Agenda for Europe" and the European Education Area, relevant Council Recommendations and other initiatives such as the Youth Guarantee, Upskilling Pathways and on Integration of the long- term unemployed.
Amendment 65 #
2018/0206(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Union is confronted with structural challenges arising from economic globalisation, the management of migration flows and the increased security threat, clean energy transition, technological change and, an increasingly ageing society and workforce and growing skills and labour shortages in some sectors and regions, experienced especially by SMEs. Taking into account the existing economic and social disparities among regions and the changing realities of the world of work, the Union should be prepared for the current and future challenges by investing in relevant skills, making growth more inclusive and by improving education and training policies and employment and social policies, including in view of labour mobility.
Amendment 74 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into the labour market, notably for youth, the long-term unemployed and the inactive, with special emphasis on disadvantaged or vulnerable social groups, such as people with disabilities, older people, the Roma, and people with a low level of educational attainment or basic skills, as well as through promoting self–employment and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to make them more effective, improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment with special regard to disadvantaged social groups and to enhance workers’ mobility. The ESF+ should promote women's participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcarequality and affordable childcare and dependent care services. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
Amendment 76 #
2018/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The ESF+ should provide support to improving the quality, accessibility, inclusiveness, effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. The ESF+ should help progression within education and training and transition to work, support lifelong learning and employability, and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This could be achieved for example through work-based learning and apprenticeships, support for enterprises to employ people with disabilities, lifelong guidance, skills anticipation in cooperation with industry, up-to-date training materials, forecasting and graduate tracking, training of educators, especially on working with students from disadvantaged backgrounds, Roma and students with learning difficulties, validation of learning outcomes and recognition of qualifications.
Amendment 78 #
2018/0206(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Support through the ESF+ should be used to reduce and prevent early school leaving, promote equal access for all, in particular for disadvantaged groups, to quality, non-segregated and inclusive education and training, from early childhood education and care through general and vocational education and training and to tertiary level, as well as adult education and learning, thereby fostering permeability between education and training sectors, preventing early school leaving, improving health literacy, reinforcing links with non-formal and informal learning and facilitating learning mobility for all. Synergies with the Erasmus programme, notably to facilitate the participation of disadvantaged learners in learning mobility, should be supported within this context.
Amendment 81 #
2018/0206(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) ESF should support educational schemes that offer adults with a low level of skills the possibility to acquire a minimum level of literacy, numeracy and digital competence in line with Council Recommendation No. 2016/C 484/01 on Upskilling Pathways: New Opportunities for Adults.
Amendment 84 #
2018/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The ESF+ should support Member States’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities. This implies mobilising a range of policies targeting the most disadvantaged people regardless of their age, including children, marginalised communities such as the Roma, and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as healthcare and long-term care, in particular family and community-based care services. The ESF+ should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility. The ESF should also address rural poverty stemming from the specific disadvantages of rural areas, such as an unfavourable demographic situation, a weak labour market, limited access to or lower quality of education and training services, lack of healthcare and social services.
Amendment 88 #
2018/0206(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The ESF+ should contribute to the reduction of poverty by supporting national schemes aiming to alleviate food and material deprivation and promote social integration of people at risk of poverty or social exclusion and the most deprived. With a view that at Union level at least 4% of the resources of the ESF+ strand under shared management supports the most deprived, Member States should allocate at least 24% of their national resources of the ESF+ strand under shared management to address the forms of extreme poverty with the greatest social exclusion impact, such as homelessness, child poverty and food deprivation. Due to the nature of the operations and the type of end recipients, it is necessary that simpler rules apply to support which addresses material deprivation of the most deprived.
Amendment 105 #
2018/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In the light of persistently high levels of youth unemployment and inactivity in a number of Member States and regions, in particular affecting young people who are neither in employment, nor in education or training, it is necessary that those Member States continue to invest sufficient resources of the ESF+ strand under shared management towards actions to promote youth employment including through the implementation of Youth Guarantee schemes. Building on the actions supported by the Youth Employment Initiative in the 2014-2020 programming period targeting individual persons, Member States should further promote employment and education reintegration pathways and outreach measures for young people by prioritising, where relevant, long-term unemployed, inactive and disadvantaged young people including through youth work. Member States should also invest in measures aimed at facilitating school-to-work transition as well as reforming and adapting employment services with a view to making them more active in providing tailor-made support to young people. Member States concerned should therefore allocate at least 10% of their national resources of the ESF+ strand under shared management to support youth employability.
Amendment 106 #
2018/0206(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) In accordance with article 174 TFEU, the Union should pay particular attention to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross- border and mountain regions.
Amendment 107 #
2018/0206(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levels and the socio- economic actors, in particular the social partners and civil society. It is therefore essential that Member States encourage the participation of social partners and civil society in the implementprogramming, implementation, monitoring and evaluation of the ESF+ under shared management.
Amendment 113 #
2018/0206(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Member States and the Commission should ensure that ESF+ contributes to the promotion of equality between women and men in accordance with Article 8 TFEU to foster non- discrimination and equality of treatment and opportunities between women and men in all areas, including regarding participation in the labour market, terms and conditions of employment and career progression. They should also ensure that the ESF+ promotes equal opportunities for all, without discrimination in accordance with Article 10 TFEU and promotes the inclusion in society of persons with disabilities on equal basis with others and contributes to the implementation of the United Nations Convention on the Rights of Persons with Disabilities. These principles should be taken into account in all dimensions and in all stages of the preparation, monitoring, implementation and evaluation of programmes, in a timely and consistent manner while ensuring that specific actions are taken to promote gender equality and equal opportunities. The ESF+ should also promote the transition from residential/institutional care to family and community-based care, in particular for those who face multiple discrimination. The ESF+ should not support any action that contributes to segregation or to social exclusion.Regulation (EU) No [future CPR] provides that rules on eligibility of expenditure are to be established at national level, with certain exceptions for which it is necessary to lay down specific provisions with regard to the ESF+ strand under shared management.
Amendment 127 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
The ESF+ shall support, complement and add value to the policies of the Member States to ensure equal opportunities, equal access to the labour market and education, fair working conditions, social protection and inclusion, poverty eradication and a high level of human health protection.
Amendment 131 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to employment of all jobseekers, in particular youth and long- term unemployed, and of inactive people, with special measures for disadvantaged or vulnerable social groups, such as people with disabilities, older people, the Roma and people with a low level of educational attainment or basic skills, promoting self-employment and the social economy;
Amendment 135 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point ii
Article 4 – paragraph 1 – point ii
(ii) modernising labour market institutions and services to assess and anticipate skills needs, strengthen cooperation with enterprises and ensure timely and inclusive tailor-made assistance and support to labour market matching, transitions and mobility;
Amendment 138 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iii
Article 4 – paragraph 1 – point iii
(iii) promoting women’s labour market participation, a better work/life balance including access to childcare and dependent care, a healthy and well– adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
Amendment 140 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iv
Article 4 – paragraph 1 – point iv
(iv) improving the quality, effectiveness, inclusiveness and labour market relevance of education and training systems, to support acquisition of key competences including digital skills;
Amendment 142 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point v
Article 4 – paragraph 1 – point v
(v) reducing and preventing early school leaving, promoting equal access to and completion of, quality and inclusive education and training, in particular for disadvantaged groups, including pupils from disadvantaged and/or isolated rural areas from early childhood education and care through general and vocational education and training, and to tertiary level, as well as adult education and learning, including facilitating learning mobility for all;
Amendment 143 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vi
Article 4 – paragraph 1 – point vi
(vi) promoting lifelong learning for all age groups, notably flexible upskilling and reskilling opportunities for all and in particular people with low educational attainment and basics kills, taking into account digital skills, better anticipating change and new skills requirements based on labour market needs, facilitating career transitions and promoting professional mobility;
Amendment 148 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point viii
Article 4 – paragraph 1 – point viii
(viii) promoting socio-economic integration of third country nationals andcombating all forms of discrimination and promoting the socio- economic integration of marginalised communities such as the Roma;
Amendment 153 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point viii a (new)
Article 4 – paragraph 1 – point viii a (new)
(viii a) supporting the socio-economic integration and inclusion of third-country nationals, including through dedicated measures in the field of education;
Amendment 154 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point ix
Article 4 – paragraph 1 – point ix
(ix) enhancing the equal and timely access to quality, sustainable and affordable services, with special regard to poor and isolated rural areas; modernising social protection systems, including promoting access to social protection; improving accessibility, effectiveness and resilience of healthcare systems and long- term care services;
Amendment 157 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point x
Article 4 – paragraph 1 – point x
(x) promoting social integration of people experiencing or at risk of poverty or social exclusion, including the most deprived and children;
Amendment 162 #
2018/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 164 #
2018/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. All programmes shall promote equal opportunities for all, without discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation throughout their preparation, implementation, monitoring and evaluation. The ESF+ shall also support targeted actions within any of the specific objectives referred to in Article 4. Such actions shall likewise improve accessibility for persons with disabilities with a view to improving their inclusion in employment, education and training, thereby enhancing social inclusion, reducing inequalities in terms of educational attainment and health status, and facilitating the transition from residential/institutional to family and community-based care, in particular for those who face multiple discrimination.
Amendment 168 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States and, where appropriate the Commission, shall foster synergies and ensure coordination, complementarity and coherence between the ESF+ and other Union funds, programmes and instruments such as Erasmusthe European Regional Development Fund, Erasmus, the Justice, Rights and Values Fund, the Asylum and Migration Fund and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument, both in the planning phase and during implementation. Member States and, where appropriate the Commission, shall optimise mechanisms for coordination to avoid duplication of effort and ensure close cooperation between those responsible for implementation to deliver coherent and streamlined support actions.
Amendment 174 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall allocate at least 25% of their ESF+ resources under shared management to the specific objectives for the social inclusion and fight against material deprivation policy areas set out in points (vii) to (xi) of Article 4(1), including the promotion of the socio- economic integration of third country nationals.
Amendment 177 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Member States shall allocate at least 24% of their ESF+ resources under shared management to the specific objective of addressing material deprivation set out in point (xii) of Article 4(1).
Amendment 182 #
2018/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall ensure adequate participation of social partners and civil society organisations in the delivery of eprogramming, imployement, education and social inclusion policiation, monitoring and evaluation of all programmes supported by the ESF+ strand under shared management.
Amendment 188 #
2018/0206(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The delivery of food and/or material assistance mayshall be complemented with re-orientation towards competent services and other accompanying measures aiming at the social inclusion of the most deprived persons.
Amendment 190 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
e) to support the development of the market eco-system related to the provision of microfinance for micro-enterprises in start-up and development phases, in particular those that employ vulnerable people or are set up by people in vulnerable situations;
Amendment 197 #
2018/0206(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Each Member State shall appoint one government representative, one representative of the workers' organisations, one representative of the employers' organisations, one representative of the civil society organisations involved in the preparation, implementation, monitoring and evaluation of ESF+ programmes and one alternate for each member for a maximum period of seven years. In the absence of a member, the alternate shall be automatically entitled to take part in the proceedings.
Amendment 37 #
2018/0197(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Article 176 of the Treaty on the Functioning of the European Union ('TFEU') provides that the European Regional Development Fund ('ERDF') is intended to help to redress the main regional imbalances in the Union. Under that Article and the second and third paragraphs of Article 174 of the TFEU, the ERDF is to contribute to reducing disparities between the levels of development of the various regions and to reducing the backwardness of the least favoured regions, among which particular attention is to be paid to to rural areas, areas affected by industrial transition and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross-border and mountain regions.
Amendment 38 #
2018/0197(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Horizontal principles as set out in Article 3 of the Treaty on European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU, should be respected in the implementation of the ERDF and the Cohesion Fund, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eradicating poverty, eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the ERDF and the Cohesion Fund should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Articles 11 and 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with State aid rules as set out in Articles 107 and 108 of the TFEU.
Amendment 40 #
2018/0197(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Member States should comply with the obligations set out in the UN Convention on the Rights of Persons with Disabilities, in particular the obligation to ensure accessibility set out in its article 9 in accordance with the Union law harmonising accessibility requirements for products and services. The accessibility of persons with disabilities should be guaranteed in all infrastructure projects funded by the ERDF and the Cohesion Fund with the exception of duly justified cases.
Amendment 47 #
2018/0197(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In view of the security threat currently experienced in the Union and in order to support the efforts of Member States and regions in facing new challenges and ensuring a high level of security for their citizens as well as the prevention of radicalisation, while relying on the synergies and complementarities with other Union policies, investments under the ERDF should contribute to security in areas where there is a need to ensure safe and secure public spaces and critical infrastructure, such as transport and energy.
Amendment 48 #
2018/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In addition, investments under the ERDF should contribute to the development of a comprehensive high- speed digital infrastructure network, and to promoting clean and sustainable multimodal urban mobility, including with urban-rural links.
Amendment 50 #
2018/0197(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) The ERDF and the Cohesion Fund should also address the specific challenges facing rural areas, such as population decline and ageing, a weaker labour market, limited access to education and training, lack of healthcare facilities and social services, remoteness, isolation and risk of poverty and social exclusion.
Amendment 52 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point v
Article 2 – paragraph 1 – point b – point v
(v) providing universal access to water and sewage and promoting sustainable water management;
Amendment 54 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c – point i
Article 2 – paragraph 1 – point c – point i
(i) enhancing digital connectivity, in particular in disadvantaged micro-regions and rural areas;
Amendment 55 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c – point iii
Article 2 – paragraph 1 – point c – point iii
(iii) developing sustainable, climate resilient, intelligent and intermodal national, regional and local mobility, including covering all regions, including disadvantaged regions, regions with small cities and rural areas, as well as improved access to TEN-T and cross-border mobility;
Amendment 56 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c – point iv a (new)
Article 2 – paragraph 1 – point c – point iv a (new)
(iv a) promoting urban-rural linkages, in particular efficient and sustainable mobility between urban and rural areas;
Amendment 58 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – point i
Article 2 – paragraph 1 – point d – point i
(i) enhancing the effectiveness and inclusiveness of labour markets and access to quality employment through developing social innovation and infrastructure;
Amendment 59 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – point ii
Article 2 – paragraph 1 – point d – point ii
(ii) improving access to inclusive and quality services in education, training and life long learning through developing infrastructure in particular in rural areas;
Amendment 63 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – point iv
Article 2 – paragraph 1 – point d – point iv
(iv) ensuring equal access to health care through developing infrastructure, including primary care, with special regard to rural areas;
Amendment 70 #
2018/0197(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The ERDF may support integrated territorial development within programmes under both goals referred to in Article 4(2) of Regulation (EU) 2018/xxxx [new CPR] in accordance with Chapter II of Title III of that Regulation[new CPR]. Integrated territorial development shall not be limited to urban areas but shall also encompass areas such as metropolitan areas, urban-rural, sub-regional or crossborder areas and isolated rural communities.
Amendment 71 #
2018/0197(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The ERDF shall support integrated territorial development based on territorial strategies in accordance with Article [23] of Regulation (EU) 2018/xxxx [new CPR] focused on, but not limited to, urban areas ('sustainable urban development') within programmes under both goals referred to in Article 4(2) of that Regulation.
Amendment 58 #
2018/0196(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Horizontal principles as set out in Article 3 of the Treaty on the European Union (‘TEU’) and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the Funds should be pursued in the framework of sustainable development and the Union’s promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.
Amendment 60 #
2018/0196(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Member States should respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. The accessibility of persons with disabilities should be guaranteed in all new infrastructure projects financed from the Funds.
Amendment 61 #
2018/0196(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The Funds should contribute to the rights and principles of the Social Pillar proclaimed by the European Institutions.
Amendment 72 #
2018/0196(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The successful deployment of the Funds should build on the Reform Support Programme, which supports priority reforms in all EU Member States that enable the well-targeted and efficient use of the Funds.
Amendment 78 #
2018/0196(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States should take account of the contents of their National Roma Integration Strategies in the development of their programmes.
Amendment 81 #
2018/0196(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 85 #
2018/0196(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States’ total allocations under the Investment for jobs and growth, growth and upward social convergence goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.
Amendment 94 #
2018/0196(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to improving complementarities and simplifying implementation, it should be possible to combine support from the Cohesion Fund and the ERDF with support from the ESF+ in joint programmes under the Investment for jobs and growth, growth and upward social convergence goal.
Amendment 103 #
2018/0196(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In order to promote the objectives of the TFEU related to economic, social and territorial cohesion, the Investment for jobs and growth, growth and upward social convergence goal should support all regions. To provide balanced and gradual support and reflect the level of economic and social development, resources under that goal should be allocated from the ERDF and the ESF+ on the basis of an allocation key which is predominantly based on GDP per capita. Member States whose per capita gross national income (‘GNI’) is less than 90 % of that of the Union average should benefit under the Investment for jobs and growth, growth and upward social convergence goal from the Cohesion Fund.
Amendment 106 #
2018/0196(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to set out an appropriate financial framework for the ERDF, the ESF+ and the Cohesion Fund, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and, growth and upward social convergence goal together with the list of eligible regions, as well as the allocations for the European territorial cooperation goal (Interreg). Taking into account that the national allocations of Member States should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties, the Commission should review the total allocations of all Member States in 2024 on the basis of the most recent statistics available at the time and, where there is a cumulative divergence of more than +/- 5 %, it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid-term review and the technical adjustment exercise to be reflected in programme amendments at the same time.
Amendment 123 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) a more social Europe implementing the European Pillar of Social Rightsfairer, more inclusive and more skilled Europe;
Amendment 128 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) Investment for jobs and growth, growth and upward social convergence in Member States and regions, to be supported by the ERDF, the ESF+ and the Cohesion Fund; and
Amendment 135 #
2018/0196(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. However, the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility (‘CEF’), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU37 and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation. __________________ 37 [Regulation (EU) No […] on […] (OJ L […], […], p. […])].
Amendment 152 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, and where relevant, a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendations;
Amendment 154 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b – point i
Article 8 – paragraph 1 – point b – point i
(i) a summary of the policy choices and the main results expected for each of the Funds, including where relevant, through the use of InvestEU;
Amendment 158 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
Amendment 167 #
Amendment 177 #
2018/0196(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the socio-economic situation of the Member State or region concerned, including as reflected in the Social Scoreboard;
Amendment 178 #
2018/0196(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d a (new)
Article 14 – paragraph 1 – point d a (new)
(da) any major negative financial or economic developments, which require an adjustment of the programmes;
Amendment 184 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 13
Article 15 – paragraph 13
13. Paragraphs 1 to 12 shall not apply to priorities or programmes under Article [4(c)(v1)(ixi)] of the ESF+ Regulation.
Amendment 191 #
2018/0196(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The ERDF, the ESF+ and the Cohesion Fund may jointly provide support for programmes under the Investment for jobs and growth, growth and upward social convergence goal.
Amendment 197 #
2018/0196(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
(a) for the ERDF support under the Investment for jobs and growth, growth and upward social convergence goal, and for the Cohesion Fund support: 2,5 %;
Amendment 218 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point b
Article 84 – paragraph 2 – subparagraph 1 – point b
(b) 2022: 0.57 %;
Amendment 219 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point c
Article 84 – paragraph 2 – subparagraph 1 – point c
(c) 2023: 0.51 %;
Amendment 222 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point d
Article 84 – paragraph 2 – subparagraph 1 – point d
(d) 2024: 01.5 %;
Amendment 223 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point e
Article 84 – paragraph 2 – subparagraph 1 – point e
(e) 2025: 0.52 %;
Amendment 225 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point f
Article 84 – paragraph 2 – subparagraph 1 – point f
(f) 2026: 0.52 %
Amendment 230 #
2018/0196(COD)
Proposal for a regulation
Article 99 – paragraph 1
Article 99 – paragraph 1
1. The Commission shall decommit any amount in a programme which has not been used for pre-financing in accordance with Article 84 or for which a payment application has not been submitted in accordance with Articles 85 and 86 by 26 December of the seconthird calendar year following the year of the budget commitments for the years 2021 to 2026.
Amendment 231 #
2018/0196(COD)
Proposal for a regulation
Article 102 – title
Article 102 – title
Geographical coverage of support for the Investment for jobs and growth, growth and upward social convergence goal
Amendment 233 #
2018/0196(COD)
Proposal for a regulation
Article 102 – paragraph 1
Article 102 – paragraph 1
1. The ERDF, the ESF+ and the Cohesion Fund shall support the Investment for jobs and growth, growth and upward social convergence goal in all regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003 as amended by Commission Regulation (EC) No 868/2014.
Amendment 236 #
2018/0196(COD)
Proposal for a regulation
Article 102 – paragraph 2 – subparagraph 1 – introductory part
Article 102 – paragraph 2 – subparagraph 1 – introductory part
Resources from the ERDF and ESF+ for the Investment for jobs and growth, growth and upward social convergence goal shall be allocated among the following three categories of NUTS level 2 regions:
Amendment 238 #
2018/0196(COD)
Proposal for a regulation
Article 103 – paragraph 2 – subparagraph 1
Article 103 – paragraph 2 – subparagraph 1
The Commission shall adopt a decision, by means of implementing act, setting out the annual breakdown of the global resources per Member State under the Investment for jobs and growth, growth and upward social convergence goal, per category of regions, together with the list of eligible regions in accordance with the methodology set out in Annex XXII.
Amendment 241 #
2018/0196(COD)
Proposal for a regulation
Article 104 – title
Article 104 – title
Resources for the Investment for jobs and growth, growth and upward social convergence goal and for the European territorial cooperation goal (Interreg)
Amendment 243 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 1 – introductory part
Article 104 – paragraph 1 – introductory part
1. Resources for the Investment for jobs and, growth and upward social convergence goal shall amount to 97.5 % of the global resources (i.e., a total of EUR 322 194 388 630) and shall be allocated as follows:
Amendment 245 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 2 – subparagraph 1
Article 104 – paragraph 2 – subparagraph 1
In 2024, the Commission shall, in its technical adjustment for the year 2025 in accordance with Article [6] of Regulation (EU, Euratom) [[…] (MFF Regulation)], review the total allocations under the Investment for jobs and growth, growth and upward social convergence goal of each Member State for 2025 to 2027.
Amendment 247 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 3 – subparagraph 1
Article 104 – paragraph 3 – subparagraph 1
The amount of resources available for the ESF+ under the Investment for jobs and, growth and upward social convergence goal shall be EUR 88 646 194 590. Member states shall ensure that out of the total combined resources for the Structural Funds and the Cohesion Fund that they receive, excluding the support from the Cohesion Fund for transport infrastructure under the CEF, no less than 25% is used for programmes under the ESF+.
Amendment 251 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 5
Article 104 – paragraph 5
5. EUR 500 000 000 of the resources for the Investment for jobs and growth, growth and upward social convergence goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission.
Amendment 254 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 6
Article 104 – paragraph 6
6. EUR 175 000 000 of the ESF+ resources for the Investment for jobs and growth, growth and upward social convergence goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management.
Amendment 257 #
2018/0196(COD)
Proposal for a regulation
Article 105 – paragraph 2
Article 105 – paragraph 2
2. The total allocations to each Member State in respect of the Investment for jobs and growth, growth and upward social convergence goal and the European territorial cooperation goal (Interreg) shall not be transferable between those goals.
Amendment 260 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7082.5 % for the less developed regions ;
Amendment 269 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 5560 % for the transition regions;
Amendment 283 #
2018/0196(COD)
Proposal for a regulation
Annex I – Table 3 – row 12 – column Integrated territorial investment (ITI)
Annex I – Table 3 – row 12 – column Integrated territorial investment (ITI)
Cities, towns and suburb, suburbs and connected rural areas
Amendment 284 #
2018/0196(COD)
Proposal for a regulation
Annex I – Table 3 – row 16 – column Integrated territorial investment (ITI)
Annex I – Table 3 – row 16 – column Integrated territorial investment (ITI)
Amendment 285 #
2018/0196(COD)
Proposal for a regulation
Annex I – Table 3 – row 22 – column Community led local development (CLLD)
Annex I – Table 3 – row 22 – column Community led local development (CLLD)
Cities, towns and suburb, suburbs and connected rural areas
Amendment 286 #
2018/0196(COD)
Proposal for a regulation
Annex I – Table 3 – row 26 – column Community led local development (CLLD)
Annex I – Table 3 – row 26 – column Community led local development (CLLD)
Amendment 287 #
2018/0196(COD)
Proposal for a regulation
Annex I – Table 3 – row 32 – column – Other type of territorial tool under Policy Objective 5
Annex I – Table 3 – row 32 – column – Other type of territorial tool under Policy Objective 5
Cities, towns and suburb, suburbs and connected rural areas
Amendment 288 #
2018/0196(COD)
Proposal for a regulation
Annex I – Table 3 – row 36 – column – Other type of territorial tool under Policy Objective 5
Annex I – Table 3 – row 36 – column – Other type of territorial tool under Policy Objective 5
Amendment 289 #
2018/0196(COD)
Proposal for a regulation
Annex III – table – row 6 – column 2– fulfilment criteria
Annex III – table – row 6 – column 2– fulfilment criteria
A national framework for implementing the UNCRPD is in place that includes: 1. Objectives with measurable goals, data collection and monitoring mechanism. 2. Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes and included in the project selection criteria and obligations.
Amendment 305 #
2018/0196(COD)
Proposal for a regulation
Annex IV – Row 4.3 – column 4 – fulfilment criteria for the enabling condition – point 3
Annex IV – Row 4.3 – column 4 – fulfilment criteria for the enabling condition – point 3
3. Measures for the shift from institutional to community-based care based on a national deinstitutionalisation strategy and an action plan;
Amendment 223 #
2018/0191(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Programme should also enhance the learning of languages, including minority and unofficial languages, as well as national sign languages, in particular through widened use of accessible online tools, as e-learning offers additional advantages for language learning in terms of access and flexibility. The online tools and portals must be fully accessible in line with Directive (EU) 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies.
Amendment 429 #
2018/0191(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) language learning opportunities, including those supporting mobility activities., and including minority and unofficial languages, as well as national sign languages;
Amendment 629 #
2018/0191(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. All Programme documents shall be available in all the official and co- official languages of the European Union in order to ensure equal opportunities.
Amendment 17 #
2018/0114(COD)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) Companies play a crucial role in promoting economic growth, creating jobs and attracting investment in the European Union. They help deliver greater economic as well as social value for society at large. To better achieve their potential they should be able to take advantage of the possibilities the Single Market can offer them to develop and grow across national borders. Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies has had a profound impact on the cross border merger activity between Member States by providing a unified general framework for mergers with simplified procedures involving lower costs and shorter times. These advantages should be carried over to the field of cross-border conversions and divisions, too.
Amendment 29 #
2018/0114(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The right to convert an existing company formed in a Member State into a company governed by another Member State may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards, social security payments, tax obligations, creditors', minority shareholders' rights or rules on employees participation. In order to combat such possible abuses, a general principle of Union law, Member States are required to ensure that companies do not use the cross-border conversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members. In so far as it constitutes a derogation from a fundamental freedom, the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances. A, after an examination of specific cases and having regard to all relevant facts and circumstances, are required to ensure that companies do not use the cross-border conversion through abuse of law or fraudulent act. In so far as it constitutes a derogation from a fundamental freedom, the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances. In its judgement on the Polbud1a case, the European Court of Justice reconfirmed its previous jurisprudence whereby the fact that either the registered office or real head office of a company was established in accordance with the legislation of a Member State for the purpose of enjoying the benefit of more favourable legislation does not, in itself, constitute abuse. Therefore a procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by Member States whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with Union law should be laid down. __________________ 1a Polbud – Wykonawstwo, Case C- 106/16, ECLI:EU:C:2017:804.
Amendment 42 #
2018/0114(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to provide information to its employees, the company carrying out the cross-border conversion should prepare a report explaining the implications of the proposed cross-border conversion for employees. In order to avoid duplications, companies may decide to combine this report with the report addressed to the members. The report should explain in particular the implications of the proposed cross-border conversion on the safeguarding of the jobs of the employees, whether there would be any material change in the employment relationships and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company. This requirement should not however apply where the only employees of the company are in its administrative organ. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directive 2002/14/EC of the European Parliament and of the Council43 or Directive 2009/38/EC of the European Parliament and of the Council44 while not causing any duplication of reporting requirements. __________________ 43 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 (OJ L 80, 23.3.2002, p. 29). 44 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28).
Amendment 52 #
2018/0114(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure that employee participation is not unduly prejudiced as a result of the cross-border conversion, where the company carrying out the cross- border conversion is operating under an employee participation system in the departure Member State, the company should be obliged to take a legal form allowing for the exercise of such participation, including through the presence of representatives of the employees in the appropriate management or supervisory organ of the company in the destination Member State. Moreover, in such a case, a bona fide negotiation between the company and its employees should take place, along the lines of the procedure provided for in Directive 2001/86/EC, with a view to finding an amicable solution reconciling the right of the company to carry out a cross-border conversion with the employees' rights of participation. As a result of those negotiations, either a bespoke and agreed solution or, in the absence of an agreement, the application of standard rules as set out in the Annex to Directive 2001/86/EC should apply, mutatis mutandis. In order to protect either the agreed solution or the application of those standard rules, the company should not be able to remove the participation rights through carrying out subsequent domestic or cross-border conversion, merger or division within threewo years.
Amendment 60 #
2018/0114(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to prevent the circumvention of employee participation rights by means of a cross-border conversion, the company carrying out a conversion which is registered in the Member State which provides for the employee participation rights, should not be able to perform a cross-border conversion without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participationxceeds 500.
Amendment 61 #
2018/0114(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The issue of the pre-conversion certificate by the departure Member State should be scrutinised to ensure the legality of the cross-border conversion of the company. The competent authority of the departure Member State should decide on the issue of the pre-conversion certificate within one month of the application by the company, unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or unduly prejudicing the legal or contractual rights of employees, creditors or membersintention to abuse law or to commit a fraudulent act. In such a case, the competent authority should carry out an in- depth assessment. However, this in-depth assessment should not be carried out systematically, but it should be conducted on a case-by-case basis, where there are serious concerns as to the existence of an artificial arrangement. For their assessment, competent authorities should take into account at least a number of factors laid down in this Directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation. In order not to burden companies with an overly lengthy procedure, this in-depth assessment should in any event be concluded within two months of informing the company that the in-depth assessment will be carried out.
Amendment 63 #
2018/0114(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The evaluation of the implementation of the cross-border merger rules in Member States has shown that the number of cross-border mergers in the Union has significantly increased. However, this evaluation has also revealed certain shortcomings in relation specifically to creditor protection and shareholder protection as well as to the lack of simplified procedures which impede the full effectiveness and efficiency of those cross-border merger rules. While no available data could conclusively establish that the employee participation procedure was inefficient, the evaluation revealed that companies considered it too complex and leading to unnecessary costs and delays within the merger.
Amendment 67 #
2018/0114(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to further enhance the existing cross-border merger procedure, it is necessary to simplify those merger rules, where appropriate, whilst at the same time ensuring that stakhareholders, and in particularcreditors and employees, are adequately protected. Therefore, the existing cross- border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross-border merger for both members and for employees. The obligation on the management or administrative organ of the company to prepare the report for the members may however be waived, where those members are already informed about legal and economic aspects of the proposed merger. However, the report prepared for employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ.
Amendment 69 #
2018/0114(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Furthermore, in order to enhance the protection afforded to the employees of the merging company or companies, employees or their representatives may provide their opinion on the company report setting out the implications of the cross-border merger for them. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Council Directive 2001/23/EC48 , Directive 2002/14/EC or Directive 2009/38/EC. In order to avoid duplications, companies may decide to combine this report with the report detailing the legal and economic aspects of the cross-border merger. __________________ 48 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ L 82, 22.3.2001, p. 16).
Amendment 74 #
2018/0114(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The right of companies to carry out a cross-border division may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards, social security payments, tax obligations, creditors' or members' rights or rules on employees participation. In order to combat such abuses, as a general principle of Union law, Member States are required to ensure that companies do not use the cross-border division procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or membersabuse the law or to commit a fraudulent act. In so far as it constitutes a derogation from a fundamental freedom, the fight against abuses must be interpreted strictly and must be based on an individual assessment of all relevant circumstances. A procedural and substantive framework which describes the margin of discretion and allows for the diversity of approaches by Member States whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with Union law should be laid down.
Amendment 78 #
2018/0114(COD)
Proposal for a directive
Recital 43
Recital 43
(43) In order to provide information to its members, the company being divided should prepare a report. The report should explain and substantiate the legal and economic aspects of the proposed cross- border division, in particular explaining the implications of the cross-border division for members with regard to the future business of the company and the management organs’ strategic plan. It should also include explanations about the exchange ratio, where applicable, the criteria to determine the allocation of shares and potential remedies available to members, where they do not agree with the decision to carry out a cross-border division. This report should also be made available to the employees of the company.
Amendment 82 #
2018/0114(COD)
Proposal for a directive
Recital 44
Recital 44
(44) In order to provide information its employees, the company being divided should prepare a report explaining the implications of the proposed cross-border division for employees. In order to avoid duplications, companies may decide to combine this report with the report addressed to members. The report should explain in particular the implications of the proposed cross-border division on the safeguarding of the jobs of the employees, whether there would be any material change in the conditions of employment and the locations of the companies’ places of business, and how each of these factors would relate to any subsidiaries of the company. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC, while not causing any duplication of reporting requirements.
Amendment 85 #
2018/0114(COD)
Proposal for a directive
Recital 52
Recital 52
(52) The issue of the pre-division certificate by the Member State of the company being divided should be scrutinised to ensure the legality of the cross-border division. The competent authority should decide whether to issue a pre-division certificate within one month of the application by the company has been submitted, unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or membersintention to abuse the law or to commit a fraudulent act. In such a case, the competent authority should carry out an in-depth assessment. However, this in-depth assessment should not be carried out systematically but it should be conducted on a case-by-case basis where there are serious concerns as to the existence of an artificial arrangement. For their assessment, competent authorities should take into account at least a number of factors laid down in this Directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation. In order not to burden companies with an overly lengthy procedure, this in-depth assessment should in any event be concluded within two months informing the company that the in-depth assessment will be carried out.
Amendment 90 #
2018/0114(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure that employee participation is not unduly prejudiced as a result of the cross-border division where the company carrying out the cross-border division is operating under an employee participation system, the companies resulting from the division should be obliged to take a legal form allowing for the exercise of participation, including through the presence of representatives of the employees in the appropriate management or supervisory organs of the companies. Moreover, in such a case, a bona fide negotiation between the company and its employees should take place, along the lines of the procedure provided for in Directive 2001/86/EC, with a view to finding an amicable solution reconciling the right of the company to carry out a cross-border division with the employees'' rights of participation. As a result of those negotiations, either a bespoke and agreed solution or, in the absence of an agreement, the application of standard rules as set out in the Annex to Directive 2001/86/EC should apply mutatis mutandis. In order to protect either the agreed solution or the application of those standard rules, the company should not be able to remove the participation rights through carrying out subsequent domestic or cross-border conversions, mergers or divisions within 32 years.
Amendment 95 #
2018/0114(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to prevent the circumvention of the employee participation rights by means of a cross- border division, the company carrying out a division which is registered in the Member State which provides for the employee participation rights, should not be able to perform a cross-border division without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participationexceeds 500.
Amendment 112 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 3
Article 86 c – paragraph 3
3. Member States shall ensure that the competent authority of the departure Member State shall not authorise the cross- border conversion where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or minority membersbuse of law or a fraudulent act.
Amendment 186 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 5 a (new)
Article 86 f – paragraph 5 a (new)
5a. In order to avoid duplications, companies may decide to combine the report referred to in paragraph 1 with the report referred to in Article 86e.
Amendment 187 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 6
Article 86 f – paragraph 6
6. Paragraphs 1 to 6 are without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the transposition of Directives 2002/14/EC or 2009/38/EC, while not causing any duplication of reporting requirements.
Amendment 206 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 6
Article 86 g – paragraph 6
6. Member States shall exempt 'micro' and 'small, small and medium sized enterprises', as defined in Commission Recommendation 2003/361/EC (**) from the provisions of this Article.
Amendment 228 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 2 – introductory part
Article 86l – paragraph 2 – introductory part
2. However, the rules in force concerning employee participation, if any, in the destination Member State shall not apply, where the company carrying out the conversion has, in the six months prior to the publication of the draft terms of the cross-border conversion as referred to in Article 86d of this Directive, an average number of employees equivalent to four fifths of the applicable threshold, laid down in the law of the departure Member State, which triggers the participation of employees within the meaning of point (k) of Article 2 of Directive 2001/86/ECxceeds 500, or where the national law of the destination Member State does not:
Amendment 250 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point –a (new)
Article 86l – paragraph 4 – point –a (new)
(-a) shall confer on the company the right to choose without any prior negotiation to be directly subject to the standard rules for participation referred to in point (a) part 3 of the Annex, as laid down by the legislation of the destination Member State and to abide by those rules from the date of registration;
Amendment 259 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point c
Article 86l – paragraph 4 – point c
Amendment 270 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 7
Article 86l – paragraph 7
7. Where the converted company is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of threewo years after the cross- border conversion has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 6.
Amendment 272 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 8
Article 86l – paragraph 8
8. A company shall communicate to its employees the outcome of the negotiations concerning employee participwhether it chooses to apply standard rules for participation referred to in point (a) part 3 of the Annex or whether it enters into negotiations within the special negotiating body. In the latter case the company shall communicate to its employees the outcome of the negotiations without undue delay.
Amendment 311 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – Paragraph 3
Article 124 – Paragraph 3
3. The report shall be made available, at least electronically, to the members of each of the merging companies not less than onetwo months before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the representatives of the employees of each of the merging companies, or where there are no such representatives, to the employees themselves. However, where the approval of the merger is not required by general meeting of the acquiring company in accordance with Article 126(3), the report shall be made available, at least one month before the date of the general meeting of the other merging company or companies.
Amendment 332 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 5 a (new)
Article 124a – paragraph 5 a (new)
5a. In order to avoid duplications, the company may decide to combine the report referred to in paragraph 1 with the report referred to in Article 124.
Amendment 333 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 6
Article 124a – paragraph 6
6. The submission of the report is without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC, while not causing any duplication of reporting requirements.;
Amendment 350 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a
Article 1 – paragraph 1 – point 18 – point a
Directive (EU) 2017/1132
Article 133 – paragraph 7
Article 133 – paragraph 7
7. Where the company resulting from the cross-border merger is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic mergers, divisions or conversions for a period of threewo years after the cross-border merger has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 6.
Amendment 364 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 3
Article 160d – paragraph 3
3. The Member State of the company being divided shall ensure that the competent authority shall not authorise the division when it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or membersbuse of law or a fraudulent act.
Amendment 398 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 5a (new)
Article 160h – paragraph 5a (new)
5 a. In order to avoid duplications, the company may decide to combine the report referred to in paragraph 1 with the report referred to in Article 160g.
Amendment 399 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 6
Article 160h – paragraph 6
6. Paragraphs 1 to 5 are without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC, while not causing any duplication of reporting requirements.
Amendment 415 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 2
Article 160n – paragraph 2
2. However, the rules in force concerning employee participation, if any, in the Member State where the company resulting from the cross-border division has its registered office shall not apply, where the company being divided, in the six months prior to the publication of the draft terms of the cross-border division as referred to in Article 160e of this Directive, has an average number of 500 employees equivalent to four fifths of the applicable threshold, laid down in the law of the Member State of the company being divided, which triggers the participation of employees within the meaning of point (k) of Article 2 of Directive 2001/86/EC, or where the national law applicable to each of the recipient companies does not:
Amendment 429 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4 – point –a (new)
Article 160n – paragraph 4 – point –a (new)
(-a) shall confer on the relevant organs of the recipient companies the right to choose without any prior negotiation to be directly subject to standard rules for participation referred to in point (a) Part 3 of the Annex, as laid down by the legislation of the Member State in which each company resulting from the cross- border division is to have its registered office, and to abide by those rules from the date of registration;
Amendment 436 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4 – point c
Article 160n – paragraph 4 – point c
Amendment 442 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 7
Article 160n – paragraph 7
7. Where the company resulting from the cross-border division is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of threewo years after the cross-border division has taken effect, by applying, mutatis mutandis, the rules laid down in paragraphs 1 to 6.
Amendment 445 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 8
Article 160n – paragraph 8
8. A company shall communicate to its employees the outcome of the negotiations concerning employee participwhether it chooses to apply standard rules for participation referred to in point (a) Part 3 of the Annex or whether it enters into negotiations within the special negotiating body. In the latter case the company shall communicate to its employees the outcome of the negotiations without undue delay.
Amendment 26 #
2018/0064(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The Charter of Fundamental Rights of the European Union sets out the free movement of persons and workers in Articles 15 and 45, non-discrimination in Article 21, the right of access to placement services in Article 29, the freedom to provide services in Article 16 and fair and just working conditions, social security and healthcare in Articles 31, 34 and 35.
Amendment 27 #
2018/0064(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) Concerns remain regarding existing barriers to freedom of movement, access to employment, access to social security, and discrimination based on nationality on the Internal Market;
Amendment 28 #
2018/0064(COD)
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
(2c) In its Special Report on the Free Movement of Workers1a, the European Court of Auditors included recommendations to the Commission to improve awareness about the tools relating to information provision on the freedom of movement of workers and reporting discrimination as well as to make better use of available information in order to identify types of discrimination. _________________ 1aSpecial Report No 6/2018 “Free Movement of Workers – the fundamental freedom ensured but better targeting of EU funds would aid worker mobility” https://www.eca.europa.eu/en/Pages/DocI tem.aspx?did=44964
Amendment 29 #
2018/0064(COD)
Proposal for a regulation
Recital 2 d (new)
Recital 2 d (new)
(2d) Severe labour exploitation occurs in many economic sectors in the EU and affects diverse groups of cross-border workers, both EU and non-EU citizens. As recommended by the European Union Agency for Fundamental Rights1a, such practices should be addressed among others through a comprehensive system of targeted inspections of working conditions; _________________ 1aFRA Report: Severe labour exploitation: workers moving within or into the European Union http://fra.europa.eu/en/publication/2015/s evere-labour-exploitation-workers- moving-within-or-european-union
Amendment 34 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help facilitate cross-border labour mobility, strengthen fairness and trust in the Single Market and ensure equal access to employment and social security for mobile citizens. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 41 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, severe labour exploitation or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 46 #
2018/0064(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons in cross-border situations; this should cover both Union citizens and third- country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members and who are mobile within the EU.
Amendment 63 #
2018/0064(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Labour mobility contributes to responding timely and effectively to labour market needs; it stimulates innovation and development and is a vehicle for transferring and upgrading skills. Growing skills shortages in Europe and high levels of unemployment in a number of countries show that the potential of geographic mobility in the EU is not fully tapped. In this context persisting concerns regarding barriers to freedom of movement, access to employment, access to social security, and discrimination based on nationality on the Internal Market should be addressed.
Amendment 64 #
2018/0064(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Severe labour exploitation occurs in many economic sectors in the EU and affects diverse groups of cross-border workers, both EU and non-EU citizens. As recommended by the European Union Agency for Fundamental Rights1a, such practices should be addressed among others through a comprehensive system of targeted inspections of working conditions; __________________ 1a FRA Report: Severe labour exploitation: workers moving within or into the European Union http://fra.europa.eu/en/publication/2015/s evere-labour-exploitation-workers- moving-within-or-european-union
Amendment 74 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help facilitate cross-border labour mobility, strengthen fairness and trust in the Single Market and ensure equal access to employment and social security for mobile citizens. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 76 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fair labour mobilitysupport the free movement of workers and services and to contribute to strengthening fairness in the internal market. To this end, the Authority shall:
Amendment 77 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) facilitate the identification of barriers to freedom of movement, access to employment and access to social security on the Internal Market.
Amendment 83 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry out analyses and risk assessments on issues of cross-border labour mobility and barriers to the free movement of workers and services, in accordance with Article 11;
Amendment 84 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) support Member States with capacity building in relation to making targeted inspections to identify and sanction severe labour exploitation practices;
Amendment 90 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) register complaints of workers and employers with regard to alleged infringements to the free movement of workers, freedom of establishment and freedom to provide services on the internal market and issue proposals for competent member State authorities and the Commission to solve those issues;
Amendment 99 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, severe labour exploitation, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 106 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats anddevelopments, barriers to the free movement of workers and services, discrimination in access to employment and other recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 114 #
2018/0064(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate. , in particular with the agencies established in the area of employment and social policy as well as the agencies dealing with the areas of fight against organised crime and trafficking in human beings and severe labour exploitation;
Amendment 124 #
2018/0064(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons in cross-border situations; this should cover both Union citizens and third- country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members and who are mobile within the EU.
Amendment 282 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fair labour mobilitysupport the free movement of workers and services and to contribute to strengthening fairness in the internal market. To this end, the Authority shall:
Amendment 300 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) facilitate the identification of barriers to freedom of movement, access to employment and access to social security on the Internal Market;
Amendment 358 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry out analyses and risk assessments on issues of cross-border labour mobility and barriers to the free movement of workers and services, in accordance with Article 11;
Amendment 361 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) support Member States with capacity building in relation to making targeted inspections to identify and sanction severe labour exploitation practices in cross-border situations;
Amendment 421 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) register complaints of workers and employers with regard to alleged infringements to the free movement of workers, freedom of establishment and freedom to provide services on the internal market and issue proposals for competent member State authorities and the Commission to solve those issues;
Amendment 659 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats anddevelopments, barriers to the free movement of workers and services, discrimination in access to employment and other recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 760 #
2018/0064(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 776 #
2018/0064(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate, in particular with the agencies established in the area of employment and social policy as well as the agencies dealing with the areas of fight against organised crime, trafficking in human beings and severe labour exploitation.
Amendment 30 #
2017/2277(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas keeping older people in work has benefits not only for companies but also for older workers’ own physical and mental health;
Amendment 40 #
2017/2277(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas older people willing to stay in work often look for flexible hours and a workplace guaranteeing well-being;
Amendment 218 #
2017/2277(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Commends enterprises that have initiatives to support people with health problems or reduced working capacity such as comprehensive preventative programmes, modification of tasks, training and re-training, preparing the other employees for the changed abilities of the returning workers, thus helping their reintegration; strongly encourages more enterprises to get involved;
Amendment 224 #
2017/2277(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers it important for measures facilitating the reintegration of workers within companies to be the part of the company culture;
Amendment 76 #
2017/2274(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the new regulations on religious affairs that took effect on 1 February 2018 are more restrictive towards religious groups and activities; whereas religious freedom has reached a new low since the start of the economic reforms and the opening up of China in the late 1970s; whereas Christians have been facing increasing repression in China with both underground and state sanctioned churches being targeted through the harassment and detention of believers, the demolition of churches and the crackdown on Christian gatherings;
Amendment 83 #
2017/2274(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas no progress has been made in the resolution of the Tibetan crisis in the last few years as the last round of peace talks took place in 2010; whereas the deterioration of the humanitarian situation in Tibet has led to an increase of self-immolation cases with a total number of 156 since 2009;
Amendment 87 #
2017/2274(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the Chinese authorities security's approach to Tibet is impacting negatively the human rights of Tibetans; whereas the surveillance and control measures have been increasing over the past few years as well as arbitrary detentions, acts of torture and ill- treatment;
Amendment 127 #
2017/2274(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the EU Member States to urgently and decisively step up collaboration and unity on their China policies, with a view to speaking with one voice including in the UN fora, and strongly suggests taking advantage of Europe’s much greater collective bargaining power with China, and that Europe defends its free democracies so as to better face up to China’s systematic efforts to influence its politicians and civil society, in order to shape an opinion more conducive to China’s strategic interests; is concerned that China is also attempting to influence educational and academic institutions and their curricula; proposes that the EU and the Member States foster high-quality European think tanks on China in order to ensure the availability of independent expert advice for strategic orientations and decision-making;
Amendment 204 #
2017/2274(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes with grave concern the shrinking space for civil society, academics, human rights defenders, lawyers and bloggers in China; firmly condemns the harassment, arbitrary arrest and prosecution of human rights defenders without due process including foreign nationals both in mainland China and abroad; regrets the restrictions imposed on NGOs that are inconsistent with the right to freedom of association, opinion and expression;
Amendment 225 #
2017/2274(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges China to review its policies in Tibet, which far from creating stability are only heightening tensions, as highlighted by the over 150 self- immolations in Tibet since 2009; calls for the resumption of a constructive dialogue based on the Middle Way Approach between the Chinese Government and the representatives of the Dalai Lama namely the Central Tibetan Administration; urges China to give EU diplomats, journalists and citizens unfettered access to Tibet in reciprocity to the free and open access to the entire territories of the EU Member States that Chinese travellers enjoy; calls on the Chinese authorities to allow Tibetans in Tibet to travel freely and to respect their right to freedom of movement; urges the EU Institutions to take the issue of access to Tibet into serious consideration in the discussions on the EU-China visa facilitation agreement;
Amendment 230 #
2017/2274(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Chinese government to investigate the ongoing cases of enforced disappearances, torture and ill- treatment of Tibetans and to respect their rights to freedom of association, peaceful assembly, freedom of religion and belief in line with international human rights standards; urges the Chinese authorities to allow independent observers including the United Nations High Commissioner for Human Rights to access Tibet;
Amendment 33 #
2017/2125(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the Copenhagen criteria, and the body of Union rules that a candidate country must fulfil if it wishes to join the Union (the acquis),
Amendment 34 #
2017/2125(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages,
Amendment 36 #
2017/2125(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to the judgment of 3 February 2017 in Case T-646/13 T-646/13 - Minority SafePack - one million signatures for diversity in Europe v Commission
Amendment 37 #
2017/2125(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
- having regard to its resolution of 8 June 2005 on the protection of minorities and anti-discrimination policies in an enlarged Europe,
Amendment 38 #
2017/2125(INI)
Motion for a resolution
Citation 5 e (new)
Citation 5 e (new)
- having regard to its resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union,
Amendment 39 #
2017/2125(INI)
Motion for a resolution
Citation 5 f (new)
Citation 5 f (new)
- having regard to the study commissioned by the Policy Department C of the European Parliament at the request of the LIBE committee in 2016 entitled “Towards a Comprehensive EU Protection System for Minorities”
Amendment 40 #
2017/2125(INI)
Motion for a resolution
Citation 5 g (new)
Citation 5 g (new)
- having regard to the study commissioned by the Policy Department C of the European Parliament at the request of the PETI committee in 2017 entitled “Discrimination(s) as emerging from petitions received”,
Amendment 92 #
2017/2125(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas approximately8 % of EU citizens belong to a national minority and approximately 10 % speak a regional or minority language; whereas their language and culture contribute to the richness of Europe and represent an inalienable part of the cultural and linguistic diversity the Union is founded on;
Amendment 96 #
2017/2125(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas , while protection of minorities is an essential part of the Copenhagen criteria, there are no common EU standards for minority protection for EU Member States; whereas experience shows that, pre- accession countries are more willing to respect the Copenhagen criteria on democracy, rule of law and fundamental rights and to advance the situation of minorities; whereas at present there is no adequate framework to guarantee the fulfilment of these criteria after accession and thus to protect EU citizens from the effects breaches of the Copenhagen criteria would entail;
Amendment 97 #
2017/2125(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the right to equal treatment is one of the founding principles of the European Union; whereas equal treatment is a basic right, not a privilege, of all citizens; whereas , when laying down the citizenship of the Union, article 9 of the TEU expressly mentions that the Union shall observe the principle of equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies;
Amendment 98 #
2017/2125(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas at present, except for infringement procedures, the EU has only tools of limited efficacy to respond to systematic and institutional manifestations of discrimination, racism and xenophobia against minorities across EU Member States; whereas infringement proceedings do not cover threats falling outside the scope of EU secondary law;
Amendment 99 #
2017/2125(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas independent monitoring show worrying violations by Member States of minority protection principles and standards;
Amendment 100 #
2017/2125(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas there is a difference between the protection of minorities and anti-discrimination policies; whereas the protection of autochthonous national or linguistic minorities cannot be guaranteed through the existing EU tools for combating xenophobia and discrimination, but only by adopting comprehensive policy standards addressing all aspects of their minority status and by guaranteeing and protecting their cultural and linguistic rights;
Amendment 101 #
2017/2125(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
Cg. whereas despite explicit references in the treaties to the EU being a community of values in which the rights of minorities are respected and in which cultural and linguistic diversity is protected and enhanced there still is no secondary EU legal framework to protect and guarantee the rights of national minorities living in the European Union; whereas there are very high discrepancies across member states in the recognition of such minorities and the respect of their rights;
Amendment 102 #
2017/2125(INI)
Motion for a resolution
Recital C h (new)
Recital C h (new)
Ch. whereas respect for the rule of law is a prerequisite for the protection of fundamental rights and vice-versa; whereas Article 2 TEU and the EU Charter of Fundamental Rights expressly mention the rights of persons belonging to minorities and these rights deserve the same treatment as the other values enshrined in the Treaties;
Amendment 103 #
2017/2125(INI)
Motion for a resolution
Recital C i (new)
Recital C i (new)
Ci. whereas so far the EU has not been able to sanction or prevent discriminative practices having a negative impact on the languages and cultures of persons belonging to autochthonous minorities; whereas people belonging to such groups across the EU still face institutionalized discrimination and encounter obstacles in the enforcement of their basic rights, such as the right to use their own language and to have access to justice, public services, education, health and social services;
Amendment 104 #
2017/2125(INI)
Motion for a resolution
Recital C j (new)
Recital C j (new)
Cj. whereas the 2005 EP resolution on the protection of minorities and anti- discrimination policies in an enlarged Europe already called for greater attention to minority issues at the EU level; whereas in spite of numerous calls on the Commission, no real step has been taken in order to ensure an effective protection of minorities;
Amendment 105 #
2017/2125(INI)
Motion for a resolution
Recital C k (new)
Recital C k (new)
Ck. Whereas in its resolution of 11 September 2013 on endangered European languages and linguistic diversity in the Union, the European Parliament called on the Commission to pay attention to the fact that with their policies, some Member States and regions are endangering the survival of languages inside their borders;
Amendment 258 #
2017/2125(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Addressing the gap in EU legislation on the protection of autochthonous national and linguistic minorities
Amendment 260 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that national or ethnic, religious and linguistic minorities, who have been living together with or alongside majority cultures for centuries in Europe, still do not enjoy in the EU the same rights and freedoms as the majority populations, they habitually face institutionalized discrimination and are the subject of derogatory stereotypes and even their acquired rights are often curtailed or selectively applied, dependent on the whims of the political authorities of the moment;
Amendment 262 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Points out the inconsistency of the EU’s attitude toward minorities - while protection of minorities is an essential part of the Copenhagen criteria, there are still no common EU standards for minority rights in the EU, which still lacks effective tools to monitor and enforce the respect of minority rights; considers that not giving effect to the treaty provisions on the protection of minorities by adopting a legal framework to protect and guarantee their rights is all the more conspicuous considering that this is an area where the EU is very active in relation to third countries;
Amendment 263 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Points out that in the field of minority protection the EU has either taken for granted the assumption that its Member States comply with minority rights or has relied on external monitoring instruments, such as those of the UN, CoE and OSCE, which present an uneven coverage regarding geography and scope as well as limitations regarding monitoring and follow-up;
Amendment 264 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Reminds that the EU has long cultivated a self-image in the world as an area where the rule of law and the respect for all citizens’ fundamental rights are fully respected and a source of aspiration for candidate and other third countries; strongly believes that the EU should be a true trendsetter in matters of rule of law and fundamental rights globally; believes that acting on the treaty provisions on minority protection by building a legally binding common protection framework would not only solve the Copenhagen dilemma with a special regard to the prospect of Western-Balkan enlargement, but would also strengthen its credibility vis-à-vis third countries and its capacity to act in matters of human rights violation across the globe;
Amendment 265 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Points out that EU citizens belonging to autochthonous national or linguistic minorities expect more to be done on a European level for the protection of their rights, as attested by the large number of petitions submitted to the European Parliament in this regard, as well as by the initiation of the 'Minority Safepack' European Citizens' Initiative, asking the EU to adopt a set of legal acts aimed at improving the protection of persons belonging to national and linguistic minorities and at strengthening cultural and linguistic diversity in the Union; Regrets that the Commission only accepted to register the ECI only when forced by a judgment of the EU Tribunal;
Amendment 266 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Emphasizes that minority rights are an inalienable part of the principle of rule of law; notes that there is a higher risk of violation of rights of minorities when the rule of law is not respected;
Amendment 267 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 g (new)
Paragraph 6 g (new)
Amendment 268 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Considers that the Court of Justice of the European Union should play a fundamental role in ensuring the compliance of member States’ compliance with EU-relevant legal standards on minority protection;
Amendment 269 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 i (new)
Paragraph 6 i (new)
6i. Urges the Member States to end linguistically discriminatory practices and take action to lift administrative and financial obstacles that hamper linguistic diversity at national and European level;
Amendment 270 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 j (new)
Paragraph 6 j (new)
6j. Calls on the Commission and Member States to collect reliable and comparable equality data in consultation with minority representatives in order to measure inequalities and discrimination; Calls on the Commission and the FRA to take targeted actions to monitor the situation of autochthonous minorities in the EU;
Amendment 1 #
2017/2069(INI)
Draft opinion
Citation 1 (new)
Citation 1 (new)
– having regard to the European Commission Communication of 31 January 2017 entitled “EU Citizenship Report 2017 – Strengthening Citizens’ Rights in a Union of Democratic Change1a _________________ 1a Report from the Commission to the European parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “Strengthening Citizens' Rights in a Union of Democratic Change: EU Citizenship Report 2017” [COM(2017)30 final/2]
Amendment 3 #
2017/2069(INI)
Draft opinion
Citation 2 (new)
Citation 2 (new)
– having regard to the results of the 2015 Public Consultation on EU citizenship conducted by the European Commission, as well as to the results of the 2015 Eurobarometer surveys on electoral rights and on citizenship,
Amendment 5 #
2017/2069(INI)
Draft opinion
Citation 3 (new)
Citation 3 (new)
– having regard to Articles 9 to 11 of the Treaty on European Union, 18 to 25 of the Treaty of Functioning of the European Union and 39 to 46 of the EU Charter of Fundamental Rights,
Amendment 7 #
2017/2069(INI)
Draft opinion
Citation 4 (new)
Citation 4 (new)
– having regard to the Copenhagen criteria, and the body of Union rules that a candidate country must fulfil if it wishes to join the Union (the acquis),
Amendment 8 #
2017/2069(INI)
Draft opinion
Citation 5 (new)
Citation 5 (new)
– having regard to the hearings organised by the Committee on Petitions in 2016 and 2017, namely to the joint public hearing co-organised by LIBE, PETI and EMPL “The situation and rights of EU Citizens in the UK”, Committees on May 11, 2017; the public hearing “Obstacles to EU citizen’s freedom to move and work in the Internal Market” organised on October 11, 2016; the public hearing “Fighting against discrimination and protecting minorities” organised on May 4, 2017 and finally, the joint public hearing organised by the European Commission (DG Justice and Consumers) and the European Parliament (LIBE, PETI, AFCO and JURI Committees) on Union Citizenship in practice on March 15, 2016,
Amendment 9 #
2017/2069(INI)
Draft opinion
Citation 6 (new)
Citation 6 (new)
– having regard to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States,
Amendment 10 #
2017/2069(INI)
Draft opinion
Citation 7 (new)
Citation 7 (new)
– having regard to the studies commissioned by the Policy Department C of the European Parliament at the request of the LIBE and PETI committees in 2016 and 2017 entitled “Obstacles to the right of free movement and residence for European Union citizens and their families”,
Amendment 11 #
2017/2069(INI)
Draft opinion
Citation 8 (new)
Citation 8 (new)
– having regard to the conclusions of the Council of the European Union Nos. 9166/3/11 and 9167/3/11 of 9 June 2011 on the conclusion of the evaluation process and the technical readiness of Bulgaria and Romania to accede to the Schengen area,
Amendment 12 #
2017/2069(INI)
Draft opinion
Citation 9 (new)
Citation 9 (new)
– having regard to the notification given by the Prime Minister of the United Kingdom to the European Council on 29 March 2017 in accordance with Article 50(2) of the Treaty on European Union,
Amendment 13 #
2017/2069(INI)
Draft opinion
Citation 10 (new)
Citation 10 (new)
– having regard to the European Parliament resolution of 10 April 2017 on negotiations with the United Kingdom following its notification that it intends to withdraw from the European Union (2017/2593(RSP)),
Amendment 14 #
2017/2069(INI)
Draft opinion
Citation 11 (new)
Citation 11 (new)
– having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages,
Amendment 15 #
2017/2069(INI)
Draft opinion
Citation 12 (new)
Citation 12 (new)
– having regard to the study commissioned by the Policy Department C of the European Parliament at the request of the LIBE committees in 2016 entitled “Towards a Comprehensive EU Protection System for Minorities”,
Amendment 16 #
2017/2069(INI)
Draft opinion
Citation 13 (new)
Citation 13 (new)
– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 17 #
2017/2069(INI)
Draft opinion
Citation 14 (new)
Citation 14 (new)
– having regard to the UN Convention on the Rights of Persons with Disabilities, which was adopted in New York on 13 December 2006 and ratified by the EU on 23 December 2010,
Amendment 18 #
2017/2069(INI)
– having regard to the Commission communication of 15 November2010 entitled ‘European Disability Strategy 2010-2020: A renewed commitment to a barrier-free Europe’ (COM(2010)0636),
Amendment 19 #
2017/2069(INI)
Draft opinion
Citation 16 (new)
Citation 16 (new)
– having regard to the Commission Communications on Roma integration (COM(2010)0133, COM(2012)0226, COM(2013)0454, COM(2015)0299, COM(2016)0424), including the Communication on an EU Framework for National Roma Integration Strategies up to 2020 (COM(2011)0173),
Amendment 20 #
2017/2069(INI)
Draft opinion
Citation 17 (new)
Citation 17 (new)
– having regard to the Commission communication of 20 April 2016 entitled “Delivering on the European Agenda on Security to fight against terrorism and pave the way towards an effective and genuine Security Union”,
Amendment 21 #
2017/2069(INI)
Draft opinion
Citation 18 (new)
Citation 18 (new)
– having regard to Directive (EU) 2015/637 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and repealing Decision 95/553/EC, OJ L106, 24.4.2015,
Amendment 22 #
2017/2069(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A whereas the Treaty of Lisbon brought great advances for the citizens of the Union, by consolidating the rights and safeguards of EU citizenship, endowing the Charter of Fundamental Rights with legal value and by bringing the Area of Freedom, Security and Justice into the EU’s legislative field;
Amendment 33 #
2017/2069(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas EU citizens may still experience a number of persisting or new barriers to exercising their free movement and residence rights, such as excessive documentation requirements, burdensome procedures for obtaining residence rights, difficulties in accessing health services, or lengthy procedures for obtaining access to work or having professional qualifications recognized;
Amendment 36 #
2017/2069(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the creation of the Schengen area and the integration of the Schengen acquis into the EU framework greatly enhances freedom of movement in the EU and is one of the greatest achievements of the European integration process; whereas the Council of the European Union in its conclusions no. 9166/3/11 and 9167/3/11 of 9 June 2011 confirmed the successful conclusion of the evaluation process and the technical readiness of Bulgaria and Romania to accede to the Schengen area;
Amendment 38 #
2017/2069(INI)
Draft opinion
Recital C
Recital C
C. whereas security is one of EU citizens’ greatest concerns; whereas the EU should make its citizens feel that their freedom is protected and their security ensured across its territory; whereas terrorism is a global threat, which needs the to be dealt with effectively at local, national and EU level in order to ensure the security of European citizens;
Amendment 42 #
2017/2069(INI)
Draft opinion
Recital D
Recital D
D. whereas according to the Commission’s impact assessment accompanying Directive (EU) 2015/637, almost 7 million EU citizens travel or live outside the EU in places where their own country does not have an embassy or consulate; whereas the number of unrepresented EU citizens is expected to increase to at least 10 million by 2020;
Amendment 43 #
2017/2069(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas the Lisbon Treaty enhanced EU citizenship including by introducing the European Citizens’ Initiative (ECI), through which citizens have the possibility to ask for EU action; whereas the use of the ECI so far presented practical and legal challenges for organisers and did not meet expectations on legislative impact;
Amendment 47 #
2017/2069(INI)
Ea. whereas experience shows that, pre-accession countries are more willing to respect the Copenhagen criteria on democracy, rule of law and fundamental rights and to advance the situation of minorities; whereas at present there is no adequate framework to guarantee the fulfilment of these criteria after accession and thus to protect EU citizens from the effects breaches of the Copenhagen criteria would entail;
Amendment 49 #
2017/2069(INI)
Draft opinion
Recital E b (new)
Recital E b (new)
Eb. whereas, when laying down the citizenship of the Union, article 9 of the TEU expressly mentions that the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies; whereas, despite the fact that equality and non-discrimination are key principles of the European legal framework, European citizens belonging to minority groups can be treated differently, depending on which EU Member State they live in and contingent on their country’s history, on national and international political contexts etc.;
Amendment 51 #
2017/2069(INI)
Ec. whereas at present, except for infringement procedures, the EU has only tools of limited efficacy to respond to systematic and institutional manifestations of discrimination, racism and xenophobia against minorities across the EU Member States; whereas infringement proceedings do not cover threats falling outside the scope of EU secondary law;
Amendment 52 #
2017/2069(INI)
Draft opinion
Recital E d (new)
Recital E d (new)
Ed. whereas the Roma citizens of the EU make up the largest and most vulnerable minority group in the EU; whereas the Roma face multi-layered discrimination and social exclusion in Europe; Whereas EU soft law tools, such as the EU Framework for National Roma Integration Strategies (NRIS), have played only a limited role in ensuring that Member States respect their obligations to comply with fundamental human rights standards on minority protection and addressing institutional manifestations of discrimination;
Amendment 53 #
2017/2069(INI)
Draft opinion
Recital E e (new)
Recital E e (new)
Ee. whereas European citizens with disabilities still face many obstacles in getting access to the labour market, to education and training, are at a higher risk of poverty and social exclusion than their peers without disability and have difficulty in participating fully in society and enjoying their rights;
Amendment 54 #
2017/2069(INI)
Draft opinion
Recital E f (new)
Recital E f (new)
Ef. whereas violence against women still occurs widely in the EU; whereas the EU and its member States must take all necessary measures to promote and protect the rights of all women;
Amendment 55 #
2017/2069(INI)
Draft opinion
Recital E g (new)
Recital E g (new)
Eg. whereas, according to article 25 of the Charter of fundamental rights of the EU, ‘the Union recognizes and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life’;
Amendment 56 #
2017/2069(INI)
Draft opinion
Recital E h (new)
Recital E h (new)
Eh. whereas the disenfranchisement in their countries of origin of EU citizens who move to another EU Member State may have the effect to inhibit them to exercise their right to move and reside in another member state;
Amendment 57 #
2017/2069(INI)
Draft opinion
Recital E i (new)
Recital E i (new)
Ei. whereas each state has the sovereign power to decide who its nationals are, within the limits of international law; whereas stateless persons are often at risk of detention and destitution; whereas there is a strong link between citizenship of the EU and statelessness due to the possibility of access to or loss of EU citizenship by stateless persons living in member States, who are granted Member State nationality or whose Member State nationality is withdrawn;
Amendment 58 #
2017/2069(INI)
Draft opinion
Recital E j (new)
Recital E j (new)
Ej. whereas some of the most important consequences of the expected withdrawal of the United Kingdom from the European Union will concern the legal status, rights and duties of UK nationals living in the European Union and of EU citizens living in the United Kingdom from the moment the withdrawal takes effect;
Amendment 59 #
2017/2069(INI)
Draft opinion
Recital E k (new)
Recital E k (new)
Ek. whereas millions of citizens, who have availed themselves of the right to live, establish a family, work, study and retire in the UK and in the EU 27, and have made defining life choices based on these rights, now face great uncertainties and anxiety regarding their future;
Amendment 60 #
2017/2069(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Calls on the Council of the EU and the European Council to allow all countries that fulfil the necessary technical criteria to become Members of the Schengen Area, so that all EU citizens can enjoy their freedom of movement unhindered by border-checks;
Amendment 61 #
2017/2069(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Calls on the Commission to regularly monitor the application of Directive 2004/38/EC in Member States and to take appropriate measures to remove potential obstacles to the freedom of movement;
Amendment 68 #
2017/2069(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the EU institutions and Member States to intensify efforts to develop an effective and genuine Security Union that addresses all dimensions of the terrorist threat;
Amendment 91 #
2017/2069(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to introducemake a proposal for a new, more secure format for the EU emergency travel documents for unrepresented EU citizens outside the EU whose passport has been stolen, lost, destroyed or is temporarily unavailable in order to guarantee that they can effectively travel back home;
Amendment 92 #
2017/2069(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the ECI is an innovative tool for participatory democracy in the European Union through which citizens have the opportunity to articulate their aspirations and shape the development of EU policies; points out, however, that there are significant deficits in the functioning of the ECI that need to be addressed in order to make the ECI more effective; Expresses concern over the Commission’s follow up of successful initiatives;
Amendment 101 #
2017/2069(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is of the opinion that, in order to fill with substance the reference made to minorities in article 2 of the TEU, and to the equality of all EU citizens in article 9 TEU, the aim of the EU should be to lay down high standards of minority protection, starting from those codified in international law instruments, such as those of the Council of Europe. Such standards should be strongly embedded in a legal framework guaranteeing democracy, rule of law and fundamental rights across the EU;
Amendment 104 #
2017/2069(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that observation by the EU of the TEU requirement to respect, safeguard and enhance Europe’s cultural and linguistic diversity in the EU both among and within Member States would greatly reinforce the links between citizens and the European project;
Amendment 108 #
2017/2069(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Condemns any discrimination or violence against European citizens on the basis of sexual orientation and gender identity;
Amendment 109 #
2017/2069(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Believes that the systematic discrimination of Roma citizens in their home countries, as well as their evictions and expulsions when they exercise their right to free movement to and residence in another member state are in contradiction with the fundamental right of non- discrimination on the basis of ethnic origin and the right move to and reside in another member state and put the foundations of EU citizenship rights to the test;
Amendment 112 #
2017/2069(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on the Commission to mainstream accessibility, participation, non-discrimination and equality concerns in EU legislation in order for European citizens with disabilities to enjoy their fundamental rights on an equal basis with their peers;
Amendment 113 #
2017/2069(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Welcomes the signing of the EU’s accession to the Council of Europe Convention on preventing and combating violence against women and domestic violence on 13 June 2017; Calls on those Member States, which have already ratified the Convention to ensure its swift and efficient enforcement; strongly encourages Member States, which have not yet ratified it, to do so; stresses that in order to be more effective, measures combating violence against women should be accompanied by actions promoting the financial independence of women; calls on the Commission to further address gender-based economic inequalities and the issue of work-life balance;
Amendment 115 #
2017/2069(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Calls on the Commission and Member States to use all available financial, legislative and supporting tools to promote an age-friendly society and healthy ageing for European citizens among others through inclusive labour markets, innovative and flexible work schemes, access to training, the availability of good quality healthcare and the deployment of e-health products and services;
Amendment 116 #
2017/2069(INI)
6h. Notes the longstanding lack of progress on the Horizontal Anti- Discrimination Directive because of the deadlock in the Council;
Amendment 117 #
2017/2069(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6i. Considers that citizens who move to and reside in another EU Member State should have the possibility to exercise their right to vote in the national elections of their country of origin; recommends Member States that disenfranchise their own nationals who choose to live in another Member State for an extended period of time to ease the conditions for them to preserve their right to vote in national elections.
Amendment 118 #
2017/2069(INI)
Draft opinion
Paragraph 6 j (new)
Paragraph 6 j (new)
6j. Reiterates its position that the safeguarding of the rights and interests of EU-27 citizens living or having lived in the United Kingdom and of United Kingdom citizens living or having lived in the EU-27 must be treated as an absolute priority in the negotiations on the Withdrawal Agreement; considers, furthermore, that the obligations for the UK and the EU in this respect should be based on reciprocity, equity, symmetry, non-discrimination, fair treatment, as well as full respect of the integrity of EU Law, including the Charter of Fundamental Rights and its enforcement framework.
Amendment 27 #
2017/2068(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas in the world of the “internet of things” computers increasingly deal not just with intangible details and databases, but also with connected physical objects such as electricity grids, fridges, cars, medical tools and aids such as pacemakers that can be vulnerable to malicious attacks;
Amendment 31 #
2017/2068(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the interconnectedness underlying the digital age represents both a huge gain in speed, efficiency and effectiveness of computers as well as a vulnerability that needs to be addressed;
Amendment 32 #
2017/2068(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the vulnerabilities of computers originates both in the specific way information technology has developed over the years, the speed of online business growth, and lack of government action;
Amendment 33 #
2017/2068(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas there is an ever-growing black market in computerised extortion, the use of hired botnets and hacking and stolen digital goods;
Amendment 34 #
2017/2068(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas companies alone cannot deal with the challenge of making the connected world more secure, and government regulation should contribute to cyber security through regulation and provision of incentives encouraging safer behaviour by users;
Amendment 167 #
2017/2068(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that regulation should play a greater role in managing cybersecurity risks through improved product and software standards on design and subsequent updates, as well as minimum standards on default usernames and passwords;
Amendment 205 #
2017/2068(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 8 #
2017/2008(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. Whereas it is essential to ensure that women and men have the same rights and opportunities to take part in economic life;
Amendment 13 #
2017/2008(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. Whereas due to persisting hindering factors women are under- represented in most Science, Technology, Engineering and Mathematics areas and whereas it is of utmost importance to attract more women to study such subjects;
Amendment 44 #
2017/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to promote the well-being of women, by tackling the pay and pension gaps and combating atypical andlimiting insecure forms of work and employment, such as temporary contracts or involuntary part-time work;
Amendment 53 #
2017/2008(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on Member States to improve general work conditions, including the family-friendly organisation of working time in consultation with workers;
Amendment 56 #
2017/2008(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Urges Member states to ensure adequate paternity leave and pay in order to ensure the same opportunities for women and men to career advancement;
Amendment 68 #
2017/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on member states to guarantee equal access of women and men to education and training programmes and to encourage women's participation in educational areas in which they are underrepresented, such as Science, Technology, Engineering and Mathematics;
Amendment 73 #
2017/2008(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on Member States to emphasize in their education systems the principle of equality between men and women and that of equal right to take part in economic life;
Amendment 36 #
2017/2002(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas, according to ILO, between 25 and 45 percent of the European workforce are either under or over-qualified for the jobs they do - a situation that is largely due to the fast paced change in the structure of Member State economies;
Amendment 44 #
2017/2002(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas, despite a recent increase in the number of people who undergo digital education or training in the EU, there is still much to be done to align the European economy to the new digital era and close the gap between the number of job seekers and the number of unfilled jobs;
Amendment 51 #
2017/2002(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas low qualified people not only have diminished employment opportunities, but are also more vulnerable to long-term unemployment and have more difficulties to get access to services and participate fully in society;
Amendment 73 #
2017/2002(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas, countries with high shares of adults with low proficiency in basic skills and digital skills have lower levels of labour productivity and ultimately lower prospects for growth and competitiveness;
Amendment 130 #
2017/2002(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that the European Union's competitiveness, economic growth and social cohesion largely depend on education and training systems that prevent people from falling behind;
Amendment 445 #
2017/2002(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Calls on the Commission and on Member States that in the implementation of the initiative they place great emphasis on the coordination of various organisations directly or indirectly involved in skills development, such as ministries, local authorities, public employment and other agencies, education and training institutions, non- governmental organisations etc;
Amendment 113 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 2 – paragraph 1
Annex I – part 2 – paragraph 1
In the context of technological, environmental and demographic change, Member States, in cooperation with social partners, should promote productivity and employability through an appropriate supply of relevant knowledge, skills and competences throughout people's working lives, responding to current and anticipating future labour market needs. Member States should make the necessary investment in both initial and continuing education and training. They should work together with social partners, education and training providers and other stakeholders to increase the quality of and address structural weaknesses in education and training systems, to provide quality and inclusive education at all levels, training and life-long learning. They should ensure the transfer of training entitlements during professional transitions. This should allow everyone better to anticipate and adapt to labour market needs and successfully manage transitions, thus strengthening the overall resilience of the economy to shocks.
Amendment 117 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 2 – paragraph 2
Annex I – part 2 – paragraph 2
Member States should foster equal opportunities in education and raise overall education levels, particularly for the least qualified and for disadvantaged groups. They should ensure quality learning outcomes, develop and reinforce basic skills, introduce supportive measures for disadvantaged groups with low educational attainment such as the Roma, including at early education, reduce the number of young people leaving school early, enhance the labour-market relevance of tertiary degrees, improve skills monitoring and forecasting, and increase adult participation in continuing education and training. Member States should strengthen work-based learning in their vocational education and training systems, including through quality and effective apprenticeships that are responsive to the needs of the economy, make skills more visible and comparable and increase opportunities for recognising and validating skills and competences acquired outside formal education and training. They should upgrade and increase the supply and take-up of flexible continuing vocational training. Member States should also support low skilled adults to maintain or develop their long term employability by boosting access to and take up of quality learning opportunities, through the establishment of Upskilling Pathways, including a skills assessment, a matching offer of education and training and the validation and recognition of the skills acquired.
Amendment 123 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 2 – paragraph 3
Annex I – part 2 – paragraph 3
High unemployment and long- term inactivity should be tackled, including through timely and tailor-made assistance based on support for job-search, training, and requalification. Comprehensive strategies that include in- depth individual assessment at the latest after 18 months of unemployment should be pursued with a view to significantly reducing and preventing structural unemployment. Youth unemployment and the high rates of young people not in education, employment or training (NEETs), should continue to be addressed through education systems that are in line with labour market needs and a structural improvement in the school-to-work transition, including through the full implementation of the Youth Guarantee8 . _________________ 8 OJ C 120, 26.4.2013, p. 1–6 OJ C 120, 26.4.2013, p. 1–6
Amendment 160 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 4 – paragraph 3
Annex I – part 4 – paragraph 3
Member States should develop and implement preventive and integrated strategies through the combination of the three strands of active inclusion: adequate income support, inclusive labour markets and access to quality services. Social protection systems should ensure the right to adequate minimum income benefits for everyone lacking sufficient resources and promote social inclusion by avoiding benefit traps and encouraging people to participate actively in the labour market and society.
Amendment 20 #
2017/0128(COD)
Proposal for a directive
Recital 18
Recital 18
(18) This Directive does not affect the Member States' freedom to lay down rules governing road infrastructure charging and taxation matters. Nonetheless, by making electronic tolling systems inside the Union interoperable it would contribute to the objectives laid down by Union legislation on road tolls while fully respecting the data protection safeguards laid down in Union law.
Amendment 23 #
2017/0128(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'electronic toll domain' means a road, a road network, a structure such as a bridge or a tunnel, or ferry, where road fees are collected using, exclusively or partially, automatic detection mechanisms such as communication with on-board equipment inside the vehicle or, possibly supplemented by automatic number plate recognition;
Amendment 24 #
2017/0128(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘Member State of registration’ means the Member State of registration ofwhere the vehicle with which the offence of failing to pay a road fee was committed is registered;
Amendment 25 #
2017/0128(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
All new electronic toll systems which require the installation or use of on-board equipment shall, for carrying out electronic toll transactions, use one or more of the following technologies listed in Annex IV . : (a) satellite positioning; (b) mobile communications using the GSM-GPRS standard (reference GSM TS 03.60/23.00); (c) 5.8 GHz microwave technology.
Amendment 26 #
2017/0128(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Existing electronic toll systems which use technologies other than those listed in Annex IVsubparagraph 1 shall comply with those technologies if substantial technological improvements are carried out
Amendment 29 #
2017/0128(COD)
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
EETS providers shall make available to users on-board equipment which is suitable for use, interoperable and capable of communicating with all electronic toll systems in service in the Member States using the technologies listed in Annex IVparagraph 1.
Amendment 30 #
2017/0128(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The on-board equipment may use its own hardware and software, use elements of other hardware and software present in the vehicle, or both. For the purpose of communicating with other hardware systems present in the vehicle, the on-board equipment may use technologies other than those listed in Annex IVparagraph 1.
Amendment 38 #
2017/0128(COD)
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
The Member State in whose territory there was a failure to pay a road fee shall use the data obtained exclusively in order to establish who is liable for the failure to pay that fee.
Amendment 43 #
2017/0128(COD)
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Without prejudice to Article 8, the national contact point may provide the toll charger affected by the failure to pay road fees the information necessary to recover the unpaid fees.
Amendment 46 #
2017/0128(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The provisions of Regulation (EU) 2016/679 and, where the national law of the Member State in which the payment is due classifies the failure to pay a road fee as constituting a criminal offence, the national laws, regulations or administrative provisions transposing Directive (EU) 2016/680 shall apply to personal data processed under this Directive.
Amendment 52 #
2017/0128(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Member States shall ensure that the processing of personal data processed under this Directive are, within an appropriate time period, rectified if inaccurate, or erased or restricted, and that a time limit for the storageis limited to the types of data is establishted in Annex II. In accordance with Regulation (EU) 2016/679 and, where applicable, the national laws, regulations or administrative provisions transposing Directive (EU) 2016/680, Member States shall establish a time limit for the storage of personal data and ensure that inaccurate personal data are rectified or erased within an appropriate time period.
Amendment 61 #
2017/0128(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 11 amending Annexes I and IV I in order to adapt ithem to technical progress.
Amendment 62 #
2017/0128(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The power to adopt delegated acts referred to in Article 10 shall be conferred on the Commission for an indeterminate period of time from [the entry into force of this Directive]. period of five years from [the entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 65 #
2017/0128(COD)
Proposal for a directive
Annex IV
Annex IV
Amendment 166 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 1071/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, an insurance policy, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1;
Amendment 97 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
(2a) in Article 6, paragraph 3 is replaced by the following: 3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours.
Amendment 112 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or
Amendment 118 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(ba) one regular weekly rest period of at least 45 hours and three reduced rest periods of at least 24 hours.
Amendment 121 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 2 a (new)
Article 8 – paragraph 6 – subparagraph 2 a (new)
(aa) in paragraph 6, the following subparagraph is added: If a reduced weekly rest period is taken, the driver must take the difference between the rest period taken and 45 hours, in a single block, by the end of the fourth week following the week in which the reduced rest period ends.
Amendment 127 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8a
Article 8 – paragraph 8a
Amendment 144 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at homein the country of establishment of the undertaking within each period of threefour consecutive weeks.;
Amendment 152 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 c (new)
Article 8 – paragraph 8 c (new)
(ca) the following paragraph is inserted: “8c. Daily rest periods and weekly rest periods (both regular and reduced ones) away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary.”
Amendment 25 #
2017/0121(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to create a safe, efficient and socially responsible road transport sector it is necessary to ensure a balance between free movement of services, adequate working conditions and social protection for drivers, on the one hand, andto provide a suitable business and fair competition conditionsve environment for operators, on the other, while respecting the fundamental freedoms, the freedom of movement of services in particular, guaranteed by the Treaties.
Amendment 31 #
2017/0121(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Any national rules applied to road transport must be proportionate as well as justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the freedom of movement of services in order to maintain or even increase the competitiveness of the European Union, including the costs of products and services by respecting the working conditions and social protection for drivers as well as the speciality of the sector since drivers are highly mobile workers, not posted workers.
Amendment 35 #
2017/0121(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing social and working conditions for drivers and facilitatsuring the exercise of the freedom to provide road transport services based on fairnon- discriminatory competition between national and foreign operators isas enshrined in the Treaty and social and working conditions for drivers are crucial for the smooth functioning of the internal market.
Amendment 37 #
2017/0121(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Having evaluated the effectiveness and efficiency of the current Union social legislation in road transport, certain loopholes in the existing provisions and deficiencies in their enforcement were identified. Furthermore a number of discrepancies exist between Member States in interpretation, application and implementation of the rules. This creates legal uncertainty and the illegal and unlawful practice of unequal treatment of drivers and operators in some Member States, which is detrimental to the working, social and competition conditions in the sector and, in some cases, leads to the populist rhetoric of social dumping, whilst more emphasis should be put on fighting against undeclared workers in transport sector.
Amendment 72 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driverransit and international transport operations as defined by Regulations 1072/200918 and 1073/200919 should not be subject to Directive 96/71/EC and Directive 2014/67/EU as there is no direct competition with national companies in the case of transit and international transport and there is a clear link of the driver to the Member State of establishment of the company. __________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 82 #
2017/0121(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) A time threshold should apply to cabotage operations as defined in Regulations (EU) No 1072/20091a and (EU) No 1073/20091b since the entire transport operation is taking place in a host Member State. As a consequence, the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply beyond the time threshold set in Article 8(2) of Regulation (EU) No 1072/2009. __________________ 1a Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 1b Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).
Amendment 87 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific and drivers as highly mobile workers, the Internal Market Information System (IMI), established by Regulation No 1024/20112 should be used for exchange of information between Member States and standardized forms of documents together with specific non-burdensome administrative and control requirements should also be established in the road transport sector, taking full advantage of control tools such as the digital tachograph.
Amendment 104 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling, where relevant and justified, within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 113 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experiencontroversial experience of non-compliant practice in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
Amendment 135 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 171 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performingDirective 96/71/EC or Directive 2014/67/EU to transit and international carriagetransport operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 181 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
Directive 96/71/EC shall not apply to drivers engaged in road passenger transport activities, within the meaning of Regulation (EC) No 1071/2009.
Amendment 188 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 200 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
By derogation from Article 1 of Directive 96/71/EC [as amended by COD 2016/0070], transport operations falling under the scope of this directive cannot be subject to rules on long-term posting.
Amendment 205 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. By derogation from Article (...)* of the legislative act amending Directive 96/71/EC, transport operations failing under the scope of this Directive should be excluded from the non-universally applicable collective agreements.
Amendment 213 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 255 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the Internal Market Information System (IMI) or to submit to the national competent authorities at the latest at the commencement of the posting, in standardized, electronic form, in an developed and made available by the Commission, in any of the official languages of the host Member State or in EnglishUnion, containing only the following information:
Amendment 272 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point iv
Article 2 – paragraph 4 – point a – point iv
(iv) the anticipated duration, envisaged beginning and end date of the posting;
Amendment 307 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) an obligation for the driver to keep and make available, where requested at the roadside control, in paper ortransport manager or other contact person(s) in the Member State of establishment to make available in electronic form, a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC20, translated into one of the driver, in any of the official languages of the Union within 14 working days of the request made by the relevant authorities of the host Member State or into English; __________________ 20 Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32)
Amendment 319 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) an obligation for the driver to make available, where requested at the roadside control, in paper ortransport manager or other contact person(s) in the Member State of establishment to make available in electronic form, a copy of payslips for last two months; during the roadside check, the driver shall be allowed to contact the head office, the transport manager or anthe driver´s payslips for the preceding two calendar months within 14 working days of the request made by other person or entity which may provide this copy relevant authorities of the host Member State;
Amendment 324 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e),c) at the request of the authorities of the host Member State within a reasonable period of time;
Amendment 359 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latestthree years from the entry into force of this Directive, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 362 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […... [COD 2016/0070 -revised Posting of Workers Directive] is applicable].
Amendment 366 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The transport sector, due to its recognised highly mobile features, is exempt from the measures deriving from the legislative act amending Directive 96/71/EC.
Amendment 241 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate technical settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored.
Amendment 253 #
2017/0003(COD)
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the optioninform the end-user about the possibility to express his or her consent using appropriate technical settings. The end-user should be offered multiple options to choose from, including to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users should be offered a set of privacy setting options, ranging from, higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediarejecting tracking that is not necessary for the functionality of the website or other software to, for example, accepting tracking necessary for the functionality of the website (for example, ‘reject third party cookiother software as well as for other purposes’ or ‘only accept first p, for example, accepting tracking necessarty cookies’). Such privacy settings shouldfor the functionality of the website or other software and tracking for other purposes bey presented in an easily visible and intelligible mannerarties that demonstrate the compliance with the EU data protection and privacy legislation, for instance in line with Article 40 and 42 of Regulation (EU) 2016/679.
Amendment 260 #
2017/0003(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) For web browsers to be able to obtain end-users’ consent as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking cookies, they should, among others, require a clear affirmative action from the end-user of terminal equipment to signify his or her freely given, specific informed, and unambiguous agreement to the storage and access of such cookies or other tracking mechanisms in and from the terminal equipment. Such action may be considered to be affirmative, for example, if end-users are required to actively select ‘accept third party cookies’one of the offered options to confirm their agreement and are given the necessary information to make the choice. To this end, it is necessary to require providers of software enabling access to internet that, at the moment of installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. Information provided should not dissuade end-users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies or other tracking mechanisms to be stored in the computer, including the compilation of long-term records of individuals’ browsing histories and the use of such records to send targeted advertising. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use and to. Web browsers shall allow the end-user to make exceptions for or to whitelist certain websites or to specify for which websites (third) party cookies are always or never allowedcustomise his or her privacy settings for each individual website visited. The website shall be able to communicate to the end-user the fact that their privacy settings may influence his or her customer experience or access to all functionalities of the website and shall be allowed to offer end-user information how to change his or her settings, request consent from the end-user or offer him or her alternative options, such as i.e. subscription or paid access. The choice of end user for specific websites shall be respected by web browsers.
Amendment 644 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipmappropriate technical settings referred to in Article 9 (2) for end-user to express consent.
Amendment 654 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting. The technical settings shall consist of multiple options for end- user to chose from, including an option to prevent other parties from storing information on the terminal equipment of a n end-user and from processing information already stored on that equipment. These settings should be easily accessible during the use of the software.
Amendment 660 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The software permitting the end- user to access individual websites shall enable the end-user to customise his or her privacy settings according to the website visited.
Amendment 663 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 1 #
2016/2329(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the United Nations Declaration on the Elimination of Violence against Women, adopted on 20 December 1993,
Amendment 37 #
2016/2329(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas protection orders are issued in order to protect a person against any act endangering their life, physical or psychological integrity or dignity; whereas a wide variety of protection orders exist across EU Member States;
Amendment 38 #
2016/2329(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas many victims of domestic violence do not request protection orders because they are reluctant to take part in criminal proceedings;
Amendment 39 #
2016/2329(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas freedom of movement in the EU entails that people frequently move around from one country to another, which leads to many situations in which persons in need of protection require EU-wide support;
Amendment 40 #
2016/2329(INI)
Motion for a resolution
Recital H d (new)
Recital H d (new)
Hd. whereas the rationale behind the creation of a protection order that is valid EU-wide was based on the necessity both to respect the right of victims and potential victims to enjoy freedom of movement and to ensure their continued protection when moving;
Amendment 45 #
2016/2329(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas NGOs often play a vital part in many member states in supporting victims;
Amendment 48 #
2016/2329(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas there is a lack of awareness among victims benefiting of national protection measures of the possibility of requesting an EPO;
Amendment 50 #
2016/2329(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the majority of Member States have no registry system to collect data on EPOs, nor is there a European central registry system to collect all relevant EU data; whereas insufficient data makes it hard to assess the implementation of the EPO and to address shortcomings in legislation or implementation;
Amendment 52 #
2016/2329(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas there is a strong link between the functioning of the EPO and the minimum standards on the rights, support and protection of victims of crime established through Directive 2012/29/EU;
Amendment 66 #
2016/2329(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is aware of the positive effect the establishment of the Area of Freedom, Security and Justice may have on the cross-border protection of victims; considers that the EPO has the potential to be an effective instrument to protect victims in a modern world characterized by high mobility and lack of internal borders;
Amendment 67 #
2016/2329(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that, in order to fulfil its potential, the protection order must be as fast, effective and automatic as possible and involve minimum bureaucracy;
Amendment 97 #
2016/2329(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Deplores the lack of access to justice and legal aid for victims of all types of crime in some Member States which results in poor information provided to the victim of the possibility of requesting an EPO; considers that the provision of adequate information to protected persons on the EPO is crucial for the use and effectiveness of the instrument, both at the stage of issuing and enforcement;
Amendment 108 #
2016/2329(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Considers that, translation of EPOs into English beside the language of the executing state would speed up EPO issuing and acceptance;
Amendment 111 #
2016/2329(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deplores the shortage of special measures implemented by the Member States for victims in vulnerable situations or victims with specific needs; calls, therefore, on the Member States to adopt special guidelines and measures that will facilitate the EPO for victims in vulnerable situations or victims with specific needs; stresses that special attention should be paid for child victims;
Amendment 123 #
2016/2329(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the increasing efficiency of new technologies such as GPS monitoring systems and smartphone applications that trigger an alarm when danger is imminent as a means of improving the efficiency and adaptability of EPOs both within the issuing and the executing state; Is worried that only a limited number of member states use such new technologies;
Amendment 15 #
2016/2311(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regards to the Agreement on Normalization of Relations between the then-Federal Republic of Yugoslavia, consisting of Serbia and Montenegro, and the Republic of Croatia, signed in 1996,
Amendment 30 #
2016/2311(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas Serbia and Russia held joint military exercises on Serbian territory close to the Croatian border in August 2016;
Amendment 31 #
2016/2311(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the implementation of the legal framework on the protection of minorities needs to be fully ensured, notably in the areas of education, use of language, access to media and religious services in minority language, and adequate political representation of national minorities at local, regional and national levels;
Amendment 43 #
2016/2311(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the opening of negotiations on Chapters 23 (Judiciary and Fundamental Rights) and 24 (Justice, Freedom and Security) as the key chapters in the EU approach to enlargement based on the rule of law; welcomes the opening of Chapters 32 (Financial Control) and 35 (Other Issues), the opening of negotiations on Chapter 5 (Public Procurement) and the opening and provisional closure of Chapter 25 (Science and Research); calls on the Council to open Chapter 26 (Education and Culture) and all other negotiating chapters which have been technically prepared;
Amendment 53 #
2016/2311(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the continued engagement of Serbia on the path of integration into the EU and its constructive and well-prepared approach to the negotiations, which is a clear sign of determination and political will; calls on Serbia to actively promote this strategic decision among the Serbian population; calls on the European Commission and the Serbian government to take coordinated steps in order to intensify visibility of investments and funding from the EU budget so that increase the awareness of citizens of the EU funds directed to Serbia;
Amendment 78 #
2016/2311(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the progress made by Serbia in developing a functioning market economy and the improvement of the overall economic situation in the country; stresses that Serbia has made good progress in addressing some of its policy weaknesses, in particular with regard to the budget deficit; highlights that growth prospects have improved and domestic and external imbalances have been reduced; underlinin view of harmonization with aquis communautaire welcomes that the restructuring of publicly owned enterprises has advanced; notes the paramount importance of smal, particularly in the field of energy and railway transportation and underlines the importance of their professional mand medium-sized enterprises (SMEs) to Serbia'sagement in order to make them more effective, competitive and economyic;
Amendment 82 #
2016/2311(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the paramount role of small and medium-sized enterprises (SMEs) for Serbia's economy; calls the Serbian government and the EU institutions to expand their funding opportunities for SMEs, especially in the field of IT and digital economy; commends its efforts concerning dual and vocational education in order to address youth unemployment and encourages it to promote entrepreneurship, particularly among young people;
Amendment 184 #
2016/2311(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates the importance of all independent regulatory bodies, including the Ombudsman, in ensuring oversight and accountability of the executive; calls on the authorities to provide the Ombudsmanindependent regulatory bodies with full political and administrative support for histheir work;
Amendment 231 #
2016/2311(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. WUnderlines the importance of consistent legal framework on the rights of national minorities and the clarification of legal status and jurisdiction of national minority councils, hence commends the progress made in the drafting of the Law on rights and freedoms of national minorities and that a working group was appointed to draft the amendments of the Law on national councils of national minorities; welcomes the adoption of an action plan for the realisation of the rights of national minorities, and the adoption of a decree establishing a fund for national minorities; calls for the full and timely implementation of the action plan; reiterates its call on Serbia to ensure consistent and effective implementation of legislation on protection of minorities, including in relation to education, use of languages, adequate representation in judiciary and public administration and access to media and religious services in minority languages; calls for the swift implementation of the new Law on police which enables a recruitment of citizens with dual- citizenship as a police officers, thus contributing to adequate representation of national minorities as well;
Amendment 239 #
2016/2311(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Welcomes the adoption of new educational standards for the subject Serbian as non-mother tongue and calls the authorities to swiftly adopt a new curriculum accordingly, thus enabling national minorities to acquire the language of majority on the appropriate level helping their inclusion and participation in the Serbian society and public life;
Amendment 255 #
2016/2311(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Stresses that the progress in the field of ensuring rights of national minorities is not satisfactory and reiterates that the promotion and protection of human rights, including rights of national minorities is the basic precondition for joining the EU;
Amendment 267 #
2016/2311(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that Serbia remains constructively committed to bilateral relations with other enlargement countries and neighbouring EU Member States; has taken positive note of the fact that Serbia has shown an increasingly constructive engagement in regional cooperation initiatives such as the South- East Europe Cooperation Process, the Regional Cooperation Council, the Central European Free Trade Agreement, the Adriatic-Ionian Initiative, the Brdo process, the Western Balkan Six initiative and its connectivity agenda and the Berlin process; calls on Serbia to implement the connectivity reform measures associated with the connectivity agenda; commends the role of the Chamber of Commerce and Industry of Serbia in promoting regional cooperation by taking a lead in setting up and developing the Western Balkan Chamber Investment Forum which plays important role in the framework of the Berlin Process and calls upon the Commission and other regional organizations to support the efforts of the Forum and facilitate its capacity building; underlines that outstanding bilateral disputes should not have a detrimental effect on the accession process; welcomes the adoption of a national strategy for the investigation and prosecution of war crimes; notes that the mandate of the former War Crimes Prosecutor expired in December 2015; stresses that the appointment of his successor is a matter of serious concern; calls for the implementation of this strategy and the adoption of an operational prosecutorial strategy; calls for full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY); urges the authorities to continue working on the issue of the fate of missing persons;
Amendment 304 #
2016/2311(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes Serbia’s continued engagement in the normalisation process with Kosovo, and its commitment to the implementation of the agreements reached in the EU- facilitated dialogue; reiterates its call to move forward with the full implementation, in good faith and in a timely manner, of all the agreements already reached and to determinedly continue the normalisation process; urges the establishment of the Community of Serbian Municipalities; encourages Serbia and Kosovo to identify new areas of discussion for the dialogue, with the aim of improving the lives of people and comprehensively normalising relations; reiterates its call on the EEAS to carry out an evaluation of the performance of the sides in fulfilling their obligations;
Amendment 310 #
2016/2311(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. calls on Serbia to intensify efforts in implementing all bilateral agreements with neighbouring countries, including the Agreement on Normalization of Relations between the then-Federal Republic of Yugoslavia, consisting of Serbia and Montenegro, and the Republic of Croatia, signed in 1996;
Amendment 320 #
2016/2311(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on Serbia to fully implement the connectivity reform measures in the energy sector; encourages Serbia to develop competition in the gas market and to take measures to improve alignment with the acquis in the fields of energy efficiency and renewable energy, and calls on Serbia to focus more strongly on green energy and to decrease the country's dependency on energy imports;
Amendment 29 #
2016/2269(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas responsibility for employment and social policy lies primarily with national governments;
Amendment 41 #
2016/2269(INI)
Motion for a resolution
Recital E
Recital E
E. whereas increased inequality is associated with decreased social mobility, reduced human capabilities and limits on individual and collective freedomself- fulfillment;
Amendment 44 #
2016/2269(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas inequality could have a negative impact on growth if those with low incomes suffer of poor health and low productivity or if they do not have adequate access to education;
Amendment 54 #
2016/2269(INI)
Motion for a resolution
Recital G
Recital G
G. whereas economic security is a preconditionn important factor for human fulfillment and egalitarian citizenship;
Amendment 72 #
2016/2269(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the level of inequality is shaped by institutions and political interventionsdetermined by many factors, including the global economy, regional variations in competitiveness, the quality and inclusiveness of education systems and lack of structural reforms to improve access to labour markets and upward social mobility;
Amendment 87 #
2016/2269(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms that growing inequalities threaten the future of the European project, despite the fact that Member States are primarily responsible for their social and economic policies, egrode its legitiwing inequalities macy andmong others damage trust in the EU as an engine of economic and social progress;
Amendment 107 #
2016/2269(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly believes that the reduction of inequalities must be an institutional priority at the European level, not only in order to tackle poverty or to promote convergence, but also as the precondition for economic recovery, quality job creation and shared prosperity;
Amendment 117 #
2016/2269(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reminds the Commission and the Member Statecalls that the European Union must fulfil its commitments under the Treaties in terms of promoting the wellbeing of its peoples, full employment and social progress, social justice and protection, equality between women and men, solidarity between generations, and protection of the rights of the child20 ; _________________ 20 Article 3 of the Treaty on European Union (TEU) and Preamble of the TFEU.
Amendment 125 #
2016/2269(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission and the Member States to evaluate the performance and outcomes of economic policy coordination, taking into account the evolution of social progrmodesst and social justice in the EU; warns that the European Semester has not been successful in the achievement of these aims and in reducing inequalitiesteadily declining implementation rate of recommendations, reaching 29 percent in 2014;
Amendment 149 #
2016/2269(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its call for the establishment of an authentic European Pillar of Social Rights and the building of a deeper and fairer social dimension of the EMU, with the necessary legislative, institutional and financial means being devoted to guaranteeing true social progress;
Amendment 174 #
2016/2269(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that by dismantling remaining obstacles in the internal market, the EU could generate significant income gains for its citizens;
Amendment 212 #
2016/2269(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concern about the increasing number of atypical work contracts and forms of non-standard employment, some of which may be linked with precarious working conditions, lower wages, exploitation and poorer social security contributions, and rising inequality;
Amendment 280 #
2016/2269(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 1 #
2016/2242(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas a high youth unemployment rate is detrimental both for the individuals concerned - with lasting negative effects on employability, income stability and career development - as well as for economic development in member states;
Amendment 2 #
2016/2242(INI)
Draft opinion
Recital -A a (new)
Recital -A a (new)
-Aa. whereas the recent economic crisis has had a disproportionate effect on young people, and its effects can still be strongly felt today in many Member States;
Amendment 105 #
2016/2242(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the decision to prolong the Youth Guarantee or to start other new initiatives for boosting youth employment, should be based on thorough assessments of possibilities and means and that objectives of such projects should be as realistic as possible;
Amendment 121 #
2016/2242(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that youth unemployment should be dealt with as a priority from the onset in future EFSI operational programmes;
Amendment 13 #
2016/2148(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is of the opinion that the European Structural and Investment Funds (ESIFs) must be used to boost qualitycompetitiveness, the creation of jobs, sustainable growth and shared prosperity across Europe, with a special focus on supporting the most vulnerable groups in society;
Amendment 25 #
2016/2148(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of the results envisaged in PAs and OPs, and expectscalls on Member States and regions to take the right path in order touse streamlined and efficient implementation processes for their implementation and, ultimately, for the achievement of cohesion policy objectives;
Amendment 29 #
2016/2148(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is seriously concerned about the late adoption of the European Social Fund (ESF) OPs, and expects the Commission to have learnt from this with a view to preventing similar delays in the futureurges both Member States and the Commission to draw the necessary conclusions from this delay and to accelerate the implementation of OPs;
Amendment 74 #
2016/2148(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to ensure that resources dedicated to technical assistance at the initiative of the Commission are focused exclusively on support for overcoming the various obstacles to ESF/YEI implementation, and on the successful fulfilment of remaining ex ante conditionalities; expresses its hope that the Structural Reform Support Programme sought to be established by the Commission will be strongly geared towards increasing the efficiency and effectiveness of the use of ESIF investments, including through the improvement of absorption rates.
Amendment 17 #
2016/2145(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that the free flow of data is paramount to the digital economy and essential for the development of science and research; emphasises that the Commission initiative on the free flow of data should enable the growing European cloud computing sector to be in the forefront of the global innovation race, including for science and innovation purposes; stresses that the Initiative should also aim to lift any arbitrary restrictions as to where companies should place infrastructure or store data, as these would hamper the development of Europe’'s economydigital economy and inhibit scientists reaping the full benefits of data-driven science;
Amendment 19 #
2016/2145(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the scientific community needs a secured and safe high-capacity infrastructure in order to advance research and prevent potential security breaches, cyber-attacks or misuse of personal data, especially when large amounts of data are collected and processed; calls on the Commission and the Member States to support and incentivise the development of the necessary technology, taking into account the security by design approach; supports the Commission’'s efforts to enhance cooperation among public authorities, European industry, researchersincluding SMEs, and academia in the area of big data and cybersecurity from the early stages of the research and innovation process in order to enable the creation of innovative and trustworthy European solutions. solutions and market opportunities, while ensuring an adequate level of security.
Amendment 22 #
2016/2140(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that voluntary initiatives are not adequately addressing issues such as health and safety, wages, social security and working time, therefore the possibility to use regulatory measures should be investigated;
Amendment 69 #
2016/2140(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises the positive influence trade agreements may have on workers' labour conditions and encourages the EU to include provisions in its trade agreements for improving the lives of persons working in manufacturing;
Amendment 71 #
2016/2140(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls for more awareness-raising among European consumers regarding the production of textile products, for the initiation of consumer awareness through product labelling and for the promotion of traceability and due diligence mechanisms;
Amendment 72 #
2016/2140(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Encourages the EU to support developing countries in the adoption and implementation of international standards and conventions;
Amendment 166 #
2016/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that the European Pillar of Social Rights (EPSR) cannot be limited to a declaration of principles or good intentions but must consist of real matter (a broad framework of legislation, policy-making mechanisms and financial instruments), delivering positive impact on citizens’ lives in the short term and enabling support for European construction in the 21st century by effectively upholding social rights and Treaty objectives that effectively put into practice the Treaty objectives in the social field, help complete the EMU, strengthening cohesion and upward convergence, and hdelping to complete EMUiver a positive impact on citizens’ lives;
Amendment 178 #
2016/2095(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasizes that the root causes of social challenges can only be dealt with effectively through economic growth and expansion of employment. This is why, the prosperity of European citizens depends greatly on the capability of companies to generate growth and create jobs. This is why the European Union and Member States should strive to ensure a competitive business environment in which companies can develop and grow;
Amendment 186 #
2016/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 236 #
2016/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the enactment of a directive on fair working conditiona more effective and efficient implementation and control of existing labour standards for all forms of employment, ensuring for every worker a core set of enforceable rights, including equal treatment, social protection, protection in case of dismissal, health and safety protection, provisions on working time and rest time, freedom of association and representation, collective bargaining, collective action, access to training, and adequate information and consultation rights; underlines that this directive should apply to employees as well as to all workers in non-standard forms of employment, such as fixed-term work, part-time work, on-demand work, self-employment, crowd-working, internship or traineeship; requests that the EU acquis be updated accordingly so as to apply to all workers;
Amendment 307 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
a. decent working conditions for internships, traineeships and apprenticeships, prohibiting those that are unpaid or paid so little that they do not enable workers to make ends meet;
Amendment 344 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
c. limits regarding on-demand work: the use of zero-hour contracts should be bannlimited and certain core working hours should be guaranteed to all workers;
Amendment 369 #
2016/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for renewed upward convergence in wages throughout the EU; calls on the Commission to actively support a wider coverage for collective bargaining; considers that to ensure decent living wages, minimum wages set at a decent level are necessary; recommends the establishment of national wage floors through legislation or collective bargaining, with the objective of attaining at least 60 % of the respective national average wage;
Amendment 393 #
2016/2095(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that the right to healthy and safe working conditions also involves limitations on working time and provisions on minimum rest periods and annual leave; awaits Commission proposals for legislation and other concrete measures to uphold this right for all workers, reflecting all current knowledge about health and safety risks;
Amendment 410 #
2016/2095(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of collective rights; expects the Commission to step up concrete support for strengthening social dialogue in Member States and sectors where it is weak owing to the prolonged crisis or the prevalence of non-standard forms of employment and social dialogue;
Amendment 445 #
2016/2095(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports more integrated provision of social protection benefits and social services as a way to make the welfare state more understandable and accessible while not weakening social protection; points to the importance of informing citizens about social rights and to the potential of e- government solutions, possibly including a European social security card, which could improve individual awareness and also help mobile workers clarify their contributions and entitlements;
Amendment 539 #
2016/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for a European framework for minimum income schemes; hHighlights the importance of suchminimum income schemes for maintaining human dignity as well as their role as a form of social investments enabling people to undertake training and/or look for work;
Amendment 556 #
2016/2095(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Agrees that all persons with disabilities must be ensuredsupported through enabling services and basic income security allowing them a decent standard of living and social inclusion;
Amendment 658 #
2016/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that in our increasingly digitalised world, low qualified people not only have diminished employment opportunities, but are also more vulnerable to long-term unemployment and have more difficulties to get access to services and participate fully in society, a situation which is not only detrimental to the individual but is also highly costly to the economy and society as a whole; therefore Supports a Skills Guarantee as a new right for everyone to acquire fundamental skills for the 21st century, including digital literacy; highlights this as an important social investment, requiring adequate financing;
Amendment 679 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – introductory part
Paragraph 19 – introductory part
19. Is alarmed at the spread of precariousness arising from the excessive use of ‘atypical’ contracts; stresses the importance of ensuring sufficient institutional and budgetary capacities to provideDraws attention to the spread of use of ‘atypical’ contracts and the need to consider the ways in which adequate protection can be granted for people in non-standard forms of employment; considers in particular that:
Amendment 801 #
2016/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasiszes that labour mobility within the EU is a right whose exercise must be supported but which should not be forced on workers by poor conditfree movement of workers within the EU is one of the greatest achievements of the European Union and a cornerstone of the internal market, bringing prosperity to all regions inof their home reg Unions, and it should not undermine host countries’ social standardsbe upheld and protected in the future;
Amendment 7 #
2016/2064(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the main aim of projects financed under the European Fund for Strategic Investments (EFSI) should be to mobilize investments in order to create growth and a dynamic labour market in Europe, and hence to enhance the well- being of EU citizens;
Amendment 54 #
2016/2064(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to engage more actively in consultation at local level, especially in cooperation with national investment banks; believes that the EFSI should focuswith Member State authorities and national investment banks, especially in countries which to date have shown a poor result in the take- up of the Fund; believes that the EFSI should focus on critical infrastructure projects underpinning economic growth and on new future-oriented sectors, in particular on business startup projects and projects, in order to creduce unemploymentate new sustainable jobs;
Amendment 69 #
2016/2064(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and the ECB to support member States in increaseing investment in projects in the outermost and other less-developed regions, which are particularly handicapped by underinvestment in job opportunities, resulting in unemployment, social exclusion, and emigration;
Amendment 80 #
2016/2064(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers it disappointing that the Commission’s assessment of the EFSI has failed to record the number of jobs created to date under the Fund and calls for further measures for recording the results achieved through the Funds across sectors and countries;
Amendment 99 #
2016/2064(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to lay down more clear-cut investment priorities and to draw up projects in collaboration with the European Investment Advisory Hub; calls on the Commission to work in closer cooperation with Member States in the European Semester process in order to help them begin as soon as possible to implement the recommendations, in particular by carrying out economic and social reforms, thus removing national barriers to investment and creating a business- friendly environment.
Amendment 45 #
2016/2061(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Reminds the fact that the right of the elderly to live in dignity and independently is enshrined in art. 25 of the Charter of Fundamental Rights;
Amendment 51 #
2016/2061(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges that the implementation of the principle of equal pay for the same work and for work of equal valueensuring equality between men and women in terms of wages and career evolution is crucial to reducing pay and pension gaps and to eliminating the risk of poverty;
Amendment 60 #
2016/2061(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the fact that the gender pension gap is a complex phenomenon, which goes beyond the structures of pension systems and is rooted in gender- related differences on the labour market, such as unequal participation of men and women on the labour market, lack of recognition of the unpaid work provided by informal carers or lack of public services providing care for children, persons with disabilities and older persons etc.; Therefore calls upon the Commission and the Member States to act on the root causes of the gender pension gap by providing support for women to be active on the labour market, to invest in affordable and accessible care systems and to include in the of care periods in the calculation of social protection rights;
Amendment 83 #
2016/2061(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that all people have the right to a decent public pension, and recalls that the Union recognises the entitlement to social security benefits and social services which provide protection in the event of old age or dependency, disability or need of long-term care;
Amendment 107 #
2016/2061(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for an adequate public minimum pension not related to previous working life; stresses the importance of shifting towards individual, rather than family-relatderived, pension entitlements;
Amendment 184 #
2016/2061(INI)
7a. Considering the rising life expectancy in the EU, calls upon Member States to urgently implement the necessary structural changes to pension systems to ensure sustainable social security.
Amendment 46 #
2016/2057(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends that each Member State should be freeencouraged to set its ownup innovation policy in the field ofand cutting- edge technologies, possibly with the aid of EU fundingy policies, including in the field of medicines, and to make the best use of available EU funding in this area;
Amendment 67 #
2016/2057(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 80 #
2016/2057(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates that part of the reason why businesses are becoming less competitive and why welfare spending is so high is that EU rules – including rules on drug pricing – are too burdensomeStresses the need for EU medicine market regulation to ensure a high degree of consumer safety and health protection, to ensure intellectual property rights and, at the same time a healthy competition through the use of generic medicines.
Amendment 65 #
2016/2031(INI)
7 c. Considers that respect for the rule of law, democracy and fundamental rights should be an important element of a new trade agreement.
Amendment 138 #
2016/2019(BUD)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 775 #
Amendment 799 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. points out that Member States’ legislation on the mother-tongue education of national minorities is in many cases selectively applied, and that the minorities’ established rights enshrined in law are thus not upheld;
Amendment 804 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Stresses that, similarly, the linguistic rights laid down by law are not upheld, and that the public authorities use administrative and financial means to obstruct the application in practice of written and spoken multilingualism;
Amendment 805 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30c. Notes that the use of national minorities’ symbols still encounters harassment from the authorities, and that in the absence of a stable legal environment court proceedings are being brought to allow the use of community emblems;
Amendment 808 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 d (new)
Paragraph 30 d (new)
30d. Highlights the risk that administrative reorganisation will lead to the neglect of international commitments under which restructuring must not have an adverse effect on the proportion of a national minority within an administrative unit; notes that the planning process totally disregards the regions’ specific historical, cultural and social features, and indeed it seems as if one of the aims of restructuring might be to tear apart regions that are organically interconnected;
Amendment 809 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 e (new)
Paragraph 30 e (new)
30e. Notes that to this day some public authorities treat the articulation, by representatives of national minorities, of political objectives such as the better enforcement of the principle of self- determination or the speeding up of decentralisation, as a risk to national security;
Amendment 810 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 f (new)
Paragraph 30 f (new)
30f. Notes with concern that the restoration of ecclesiastical, communal and private assets confiscated by the Communist authorities has ceased in spite of commitments made by the state, and that in some Member States signs may even be seen of the process being reversed;
Amendment 811 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 g (new)
Paragraph 30 g (new)
30g. Notes with regret that various state bodies, disregarding the basic principles of the rule of law, are intimidating and harassing national minorities by imposing administrative fines;
Amendment 812 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 h (new)
Paragraph 30 h (new)
30h. Considers it particularly worrying that provocative statements disparaging national minorities often appear in the media, and that media outlets convey the impression that these are accepted points of view;
Amendment 813 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 i (new)
Paragraph 30 i (new)
30i. Calls on the Union and the Member States to consider acceding to the Council of Europe’s documents on the protection of minorities: the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages;
Amendment 814 #
2016/2009(INI)
Motion for a resolution
Paragraph 30 j (new)
Paragraph 30 j (new)
30j. Urges the Member States to exchange good practice and apply tried and tested solutions in addressing the problems of national minorities to throughout the European Union;
Amendment 23 #
2016/0404(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive establishes rules for proportionality test to be carried out before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access or pursuit of regulated professions.It has to be underlined, that this Directive leaves the prerogative to regulate access to or pursuit of regulated professions within Member States in respect of principles of non- discrimination and proportionality.
Amendment 31 #
2016/0404(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific well justified evidence substantiating its arguments.
Amendment 67 #
2016/0404(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within Member States and the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 84 #
2016/0404(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encouragesure that the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of professions. The Commission should take relevant initiatives in order to encourage smooth exchange of information between Member States.
Amendment 133 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary, non- discriminatory and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.
Amendment 155 #
2016/0404(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, threats to social policy objectives and cultural policy objectives.
Amendment 180 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, patients to professionals or third parties;
Amendment 282 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
Article 6 – paragraph 4 – point j a (new)
(j a) proportionality of administrative requirements.
Amendment 291 #
2016/0404(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, those in relevant training or education, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 299 #
2016/0404(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall encourage thsure exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
Amendment 62 #
2016/0397(COD)
Draft legislative resolution
Citation 5
Citation 5
— having regard to the opinion of the European Economic and Social Committee of 75 July 20171, __________________ 1 OJ C 345, 13.10.2017, p. 85.
Amendment 85 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 127 #
2016/0397(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Family benefits intended to replace or grant additional income during child- raising periods are designed to meet the individual and personal needs of the parent subject to the legislation of the competent Member State and therefore are distinguishable from other family benefits as they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than solely meeting general family expenses.
Amendment 160 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Recital 5 – addition
Recital 5 – addition
Amendment 161 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 883/2004
Recital 5
Recital 5
(2a) Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the CommunityUnion equality of treatment under theacross different national legislationaw for the persons concerned.
Amendment 165 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5a
Recital 5a
Amendment 168 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5b
Recital 5b
Amendment 171 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5c
Recital 5c
Amendment 173 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 d (new)
Recital 5 d (new)
(5d) In applying the general principle of equal treatment provided for in this Regulation, the Court of Justice of the European Union held, in its judgments in cases C-140/12 Brey, C-333/13 Dano, C- 67/14 Alimanovic and C-299/14 Garcia- Nieto, that equal treatment may, as regards the access to special non- contributory cash benefits, which also constitute social assistance within the meaning of Directive 2004/38/EC, be subject to the limitations and the conditions set out in Article 24 of that Directive. In order to improve legal clarity for citizens of the Union and Member States’ institutions, that case-law should be codified. Limitations to equal treatment should respect Union law, including the principle of proportionality as interpreted by the Court of Justice.
Amendment 174 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(5e) The Court of Justice held, in its judgment in case C-308/14, European Commission v. United Kingdom of Great Britain and Northern Ireland, that Member States may, in conformity with Union law, including the principle of proportionality, make the access of persons covered by Article 11(3)(e) of this Regulation to non-contributory social security benefits covered by Article 3 thereof, subject to the condition that those persons have a legal right of residence in accordance with Directive 2004/38/EC. As stated by the Court, the verification of the legal right of residence should be carried out in accordance with the requirements of Directive 2004/38/EC. In order to improve legal clarity for Union citizens and Member States’ institutions, that case-law should be codified.
Amendment 175 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 (new)
Article 1 – paragraph 1 – point 3 (new)
Regulation (EC) No 883/2004
Recital 5 f (new)
Recital 5 f (new)
(5f) It is necessary to ensure that Union citizens are not treated less favourably than other persons who fall within the scope of this Regulation. The limitations to equal treatment introduced in this Regulation should therefore, without prejudice to rights of equal treatment provided for in other Union law, apply mutatis mutandis to those other persons.
Amendment 178 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Recital 24
Recital 24
(24) LIn line with the case-law of the Court of Justice of the European Union, long-term care benefits for insured persons and members of their families need to be coordinated according to specific rules which, in principle,should, in principle, continue to be coordinated following the rules applicable to sickness benefits, in line with the case law of the Co. However, those rules should take into account the specific naturte of Justicelong- term care benefits. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash.
Amendment 184 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35a
Recital 35a
(35a) Family benefits in cash intended to replace income or grant additional during a periods of child- raising are individual rights which are personal to the parent subject to the legislation of the competent Member State. Given the specific nature of these family benefits, such benefits should be listed in Part I of Annex XIII to this Regulation and should be exclusively reserved to the parent concerned. The Member State with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of members of the family should not apply to such benefits. Where a Member State chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Part II of Annex XIII. (Article 1- paragraph 6)
Amendment 194 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 47
Recital 47
(47) This Regulation respects the fundamental rights and observes the principles recognised inby the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the right to property (Article 17), the right to non-discrimination (Article 21), the rights of the child (Article 24), the rights of the elderly (Article 25), integration of persons with disabilities (Article 26), the right to family and professional life (Article 33); the right to social security and social assistance (Article 34), the right to health care (Article 35) and the right to freedom of movement and residence (Article 45); and has to be implemented in accordance with those rights and principle and the Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 207 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 883/2004
Article 1 – point c
Article 1 – point c
(a) In Point (c) the term “Title III, Chapters 1 and 3” is replaced by the term “Title III, Chapters 1, 1a and 3”.is replaced by the following: “(c) ‘insured person’, in relation to the social security branches covered by Title III, Chapters 1 and 3, means any person satisfying the conditions required under the legislation of the Member State competent under Title II to have the right to benefits for at least one of the risks covered by the Chapter which has to be applied, in accordance with this Regulation.”
Amendment 211 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
Article 1 – point i – point 1 – point ii
(b) In Ppoint (i)(1)(ii) after the term “Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted., point (ii) is replaced by the following: "(ii) with regard to benefits in kind pursuant to Title III, Chapter 1 any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;”
Amendment 216 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Regulation (EC) No 883/2004
Article 1 – point va – point i
Article 1 – point va – point i
(c) In Point (va)(i) after the term “, point (i) is replaced by the following: “(i) for the purposes of Title III, Chapter 1, with regard to (sickness, maternity and equivalent paternity benefits),” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted., (sickness, maternity and equivalent paternity benefits), benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care. This includes long-term care benefits in kind within the meaning of point (vb) of this point.”
Amendment 220 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point vb
Article 1 – point vb
(vb) “long-term care benefit” means any benefit in kind, cash or a combination of both for persons who, over an extended period of time, on account of old-age, disability, illness or or in cash, the purpose of which is to address the care needs of a person who, on account of impairment, require considerables assistance from another person or persons to carry out essential daily activities, including of daily living for an extended period of time in order to support this/heir personal autonomy; this includes benefits granted to or forfor the same purpose to the person providing such assistance;
Amendment 224 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 227 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point ba
Article 3 – paragraph 1 – point ba
Amendment 230 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 239 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 241 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EC) 883/2004
Article 4 a (new)
Article 4 a (new)
11a. The following article is inserted: “Article 4a Limitations to equality of treatment for persons not having a legal right of residence under Union law 1. By way of derogation from Article 4 of this Regulation, a Member State whose legislation is applicable on the basis of Article 11(3)(e) of this Regulation may, in accordance with Union law, provide for access to [non-contributory social security benefits covered by Article 3] to be subject to the condition of having a legal right of residence in accordance with Directive 2004/38/EC. 2. Member States may apply the limitations referred to in paragraph 1 mutatis mutandis to stateless persons and refugees as well as to the members of their families and to their survivors who do not fulfil the conditions of legal residence or stay in accordance with other relevant Union law.”
Amendment 243 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 883/2004
Article 11 – paragraph 2
Article 11 – paragraph 2
(a) In pParagraph 2 the term “sickness benefits in cash covering treatment for an unis replaced by the following: “2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalimdited period” is replaced by the term “y, old age or survivors’ pensions or to pensions in respect of accidents at work or occupational diseases or to long-term care benefits in cash”. paid to the person in need of care.”
Amendment 245 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a (new)
Article 1 – paragraph 1 – point 12 – point a (new)
Regulation (EC) No 883/2004
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(aa) In paragraph 3, point (c) is replaced by the following: “(c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence or of the State of his or her most recent activity as an employed or self-employed person shall be subject to the legislation of that Member State;”
Amendment 248 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Regulation (EC) No 883/2004
Article 11 – paragraph 5
Article 11 – paragraph 5
5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued exclusively in the Member State where the home base, as defined in Annex III, Subpart FTL to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and the Council as amended by Commission Regulation (EU) No 83/2014/EU of 29 January 201445, is located. __________________ 45Where there is no home base, or where there are several home bases, the individual shall be subject to the law applicable in accordance with Article 13. __________________ 45 OJ L 28, 31.01.2014, p. 17. OJ L 28, 31.01.2014, p. 17.
Amendment 260 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46 OJ L 018, 21.01.1997 p. 1.
Amendment 302 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Title III – Chapter 1 – title
Amendment 306 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 19
Article 19
14 c. Article 19 is replaced by the following: “Article 19 Stay outside the competent Member State 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his or her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation.< 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)benefit.” Or. en
Amendment 308 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 20 – title
Article 20 – title
14d. In Article 20, the title is replaced by the following: “Travel with the purpose of receiving benefits in kind -— Authorisation to receive appropriate treatment and long-term care outside the Member State of residence (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 310 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 e (new)
Article 1 – paragraph 1 – point 14 e (new)
14e. In Article 20, paragraph 2 is replaced by the following: “2. An insured person who is authorised by the competent institution to go to another Member State with the purpose of receiving the treatment or long- term care appropriate to his or her condition shall receive the benefits in kind provided, on behalf of the competent institution, by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though he or she were insured under the said legislation. The authorisation shall be accorded where the treatment or long-term care in question is among the benefits provided for by the legislation in the Member State where the person concerned resides and where he or she cannot be given such treatment within a time- limit which is medically justifiable, taking into account his or her current state of health and the probable course of his illness. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)or her illness or within a time limit which is justifiable, taking into account his or her current state of need of long-term care and the probable course of his or her need of long-term care.” Or. en
Amendment 311 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 g (new)
Article 1 – paragraph 1 – point 14 g (new)
Regulation (EC) No 883/2004
Article 25
Article 25
14g. Article 25 is replaced by the following: “Article 25 Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State Where the person receiving a pension or pensions under the legislation of one or more Member States resides in a Member State under whose legislation the right to receive benefits in kind is not subject to conditions of insurance, or of activity as an employed or self-employed person, and no pension is received from that Member State, the cost of benefits in kind provided to him/her and to members of his/her family shall be borne by the Institution of one of the Member States competent in respect of his/her pensions determined in accordance with Article 24(2), to the extent that the pensioner and the members of his/her Family would be entitled to such benefits if they resided in that Member State. ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
Amendment 313 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 i (new)
Article 1 – paragraph 1 – point 14 i (new)
Regulation (EC) No 883/2004
Article 27 – title
Article 27 – title
14i. In Article 27, the title is replaced by the following: “Stay of the pensioner or the members of his family in a Member State other than the Member State in which they reside – Stay in the competent Member State – Authorisation for appropriate treatment or long-term care outside the Member State of residence (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 314 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 j (new)
Article 1 – paragraph 1 – point 14 j (new)
Regulation (EC) No 883/2004
Article 27 – paragraph 2
Article 27 – paragraph 2
14j. In Article 27, paragraph 3 is replaced by the following: “3. Article 20 shall apply mutatis mutandis to a pensioner and/or the members of his family who are staying in a Member State other than the one in which they reside with the purpose of receiving there the treatment or long-term care appropriate to their condition. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 316 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 l (new)
Article 1 – paragraph 1 – point 14 l (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
1. A frontier worker who retires4l. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who retires because of old-age or invalidity is entitled in casethe event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his or her activity as an employed or self-employed person, in so far as this is a continuation of treatment or long-term care which began in that Member State. The term" "continuation of treatment" means the continued investigation, diagnosis and treatment of an illness for its entire duration. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)The term "continuation of long-term care" means the continued granting of long-term care benefits in kind due to the need of care which was established before retirement and which continues beyond that date.” Or. en
Amendment 321 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 m (new)
Article 1 – paragraph 1 – point 14 m (new)
Regulation (EC) No 883/2004
Article 30
Article 30
14m. Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, maternity and equivalent paternity and long-term care benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, maternity and equivalent paternity and long-term care benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
Amendment 327 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 883/2004
Article 32 – paragraph 3 – point a – point i
Article 32 – paragraph 3 – point a – point i
(i) rights available on the basis of an activity as an employed or self-employed person of the insured person, including rights existing in the application of Article 11(2) or (3)(c);
Amendment 329 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 883/2004
Article 33 a (new)
Article 33 a (new)
Amendment 332 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 883/2004
Article 34
Article 34
Amendment 337 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 1
Article 34 – paragraph 1
1. If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore provided by the Member State competent for cash benefits6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, which is provided under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of theose benefits in kind under Article 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 339 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 341 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 3 c (new)
Article 34 – paragraph 3 c (new)
Amendment 342 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 883/2004
Chapter 1 a
Chapter 1 a
Amendment 351 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61
Article 61
Amendment 356 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Except in the cases referred to in Article 65(2), the application of Article 6 shall beThe competent institution of a Member State whose legislation makes the acquisition, retention, recovery or duration of the right to benefits conditional upon the person concerned having most recently completed a period of at least three monthcompletion of either periods of insurance, employment or self- employment shall, to the extent necessary, take into account periods of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)completed under the legislation of any other Member State as though they were completed under the legislation it applies. However, where, under the applicable legislation, the right to benefits is conditional on the completion of periods of insurance, the periods completed under the legislation of another Member State shall be taken into account only if those periods would qualify for the purposes of establishing entitlement to unemployment benefits in the Member State under whose legislation they were completed. Or. en
Amendment 367 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance, employment or self- employmentExcept in the cases referred to in Article 65(5)(a), the application of paragraph 1 of this Article shall be conditional on the person concerned having the most recently completed, in accordance with the legislation under which the benefits are claimed: – periods of insurance of at least one day, inf that Member State is less than three months that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)legislation requires periods of insurance, – periods of employment of at least one day, if that legislation requires periods of employment, or – periods of self-employment of at least one day, if that legislation requires periods of self-employment. Or. en
Amendment 376 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 883/2004
Article 62 – paragraph 1
Article 62 – paragraph 1
19a. In Article 62, paragraph 1 is replaced by the following: “1. The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his lastor her activityies as an employed or self-employed person under the said legislation. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)The salary or professional income to be taken into account for the calculation of the benefits shall be determined on the basis of the legislation of the competent Member State. If no such salary or professional income has been received, the benefits shall be calculated on the basis of the relevant legislation of the competent Member State. This paragraph shall also apply where the legislation administered by the competent institution provides for a specific reference period for the determination of the salary which serves as a basis for the calculation of benefits and where, for all or part of that period, the person concerned was subject to the legislation of another Member State.” Or. en
Amendment 380 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c and paragraph 3
Article 64 – paragraph 1 – point c and paragraph 3
Amendment 381 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point -a (new)
Article 1 – paragraph 1 – point 20 – point -a (new)
Regulation (EC) No 883/2004
Article 64 – paragraph 1
Article 64 – paragraph 1
(-a) In Article 64, paragraph 1 is replaced by the following: “1. A wholly unemployed person who satisfies the conditions of the legislation of the competent Member State for entitlement to benefits, and who goes to another Member State in order to seek work there, shall retain his or her entitlement to unemployment benefits in cash under the following conditions and within the following limits: (a) before his or her departure, the unemployed person must have been registered as a person seeking work and have remained available to the employment services of the competent Member State for at least four weeks after becoming unemployed. However, the competent services or institutions may authorise his or her departure before such time has expired; (b) the unemployed person must register as a person seeking work with the employment services of the Member State to which he or she has gone, be subject to the control procedure organised there and adhere to the conditions laid down under the legislation of that Member State. This condition shall be considered satisfied for the period before registration if the person concerned registers within seven days of the date on which he or she ceased to be available to the employment sServices of the Member State which he or she left. In exceptional cases, the competent services or institutions may extend this period; (c) entitlement to benefits shall be retained for a period of three months from the date when the unemployed person ceased to be available to the employment services of the Member State which he or she left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his or her entitlement to benefits under the legislation of that Member State; the competent sServices or institutions may extend the period of three months up to a maximum of six months; (dca) the benefits shall be provided by the competent institution in accordance with the legislation it applies and at its own expense. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)length of the period granted for the export of the entitlement to benefits to another Member State shall be subject to the discretion of the competent employment services or the competent institution, on a case-by-case basis after an overall assessment of all the information and facts available. Information and facts needed for the assessment of the individual cases include: – reasons to seek work in another Member State (e.g. relocation together with spouse), – strategies for finding work abroad, – opportunities of integration into the labour market of the Members State where the person seeks work, – labour supply needs of the competent Member State; (d) the benefits shall be provided by the competent institution in accordance with the legislation it applies and at its own expense. " Or. en
Amendment 405 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64a
Article 64a
Amendment 409 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65
Article 65
Amendment 410 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65
Article 65
Article 65 Unemployed persons who resided in a Member State other than the competent State 1. An unemployed person who, during his or her last activity as an employed or self-employed person resided in a Member State other than the competent Member State shall make himself or herself available to the former employer or to the employment services in the competent Member State. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. These benefits shall be provided by the institution of the competent Member State. 2. By way of derogation from paragraph 1, a wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who had not completed at least 12 months of unemployment insurance exclusively under the legislation of the competent Member State shall make himself or herself available to the employment service of the Member State of residence. Such a person shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance under the legislation of that Member State. Those benefits shall be provided by the institution of the Member State of residence. Alternatively, a wholly unemployed person referred to in this paragraph, who would be entitled to an unemployment benefit solely under the national legislation of the competent Member State if he or she resided there, may instead opt to make themselves available to the employment services in that Member State and to receive benefits in accordance with the legislation of that Member State as if he or she were residing there. 3. If a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent Member State after having been registered there, and wishes to seek work in the Member State of residence or the Member State of last activity Article 64 shall apply mutatis mutandis, except Article 64(1)(a). The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits. 4. A wholly unemployed person referred to in this Article may in addition to making themselves available to the employment services of the competent Member State also make themselves available to the employment services of the other Member State. 5. Paragraphs 2 to 4 of this Article shall not apply to a person who is partially or intermittently unemployed. State 1. A person who is partially or intermittently unemployed and who, during his/her last activity as an employed or self-employed person, resided in a Member State other than the competent Member State shall make himself or herself available to the employer or to the employment services in the competent Member State. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. Those benefits shall be provided by the institution of the competent Member State. 2. A wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who continues to reside in that Member State or returns to that Member State shall make himself or herself available to the employment services in the Member State of residence. Without prejudice to Article 64, a wholly unemployed person may, as a supplementary step, make himself or herself available to the employment Services of the Member State in which he or she pursued his or her last activity as an employed or self-employed person. An unemployed person, other than a frontier worker, who does not return to his or her Member State of residence, shall make himself or herself available to the employment services in the Member State to whose legislation he or she was last subject. 3. The unemployed person referred to in the first sentence of paragraph 2 shall register as a person seeking work with the competent employment services of the Member State in which he or she resides, shall be subject to the control procedure organised there and shall adhere to the conditions laid down under the legislation of that Member State. If he or she chooses also to register as a person seeking work in the Member State in which he or she pursued his or her last activity as an employed or self-employed person, he or she shall comply with the obligations applicable in that State. 4. The implementation of the second sentence of paragraph 2 and of the second sentence of paragraph 3, as well as the arrangements for exchanges of information, cooperation and mutual assistance between the institutions and services of the Member State of residence and the Member State in which he or she pursued his or her last occupation, shall be laid down in the Implementing Regulation. 5. The unemployed person referred to in the first and second sentences of paragraph 2 shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had been subject to that legislation during his or her last activity as an employed or self-employed person. Those benefits shall be provided by the institution of the place of residence. 5a. However, a worker other than a frontier worker who has been provided benefits at the expense of the competent institution of the Member State to whose legislation he or she was last subject shall first receive, on his or her return to the Member State of residence, benefits in accordance with Article 64, receipt of the benefits in accordance with paragraph 5a being suspended for the period during which he or she receives benefits under the legislation to which he or she was last subject. 5b. The benefits provided by the institution of the place of residence under paragraph 5a and 5b shall continue to be at its own expense. The competent institution of the Member State to whose legislation he/she was last subject shall reimburse to the institution of the place of residence the full amount of the benefits provided by the latter institution during the first four months (reimbursement period). Reimbursement for that period shall be claimed only on condition that the person concerned has, during the 12 months preceding the reimbursement period, completed periods of at least three months in the Member State to whose legislation he or she was previously subject and where such periods would qualify for the purposes of establishing entitlement to unemployment benefits in that Member State. The amount of the reimbursement during that period shall not be higher than the amount payable, according to the following rules: (a) number of calendar days subject to the reimbursement period; multiplied by: (b) the average amount per calendar day of the unemployment benefits of the competent Member State of the previous calendar year. 5c. A second request for reimbursement by the same unemployed person shall be admissible no earlier than one year after expiry of the previous reimbursement period. 5d. From the end of the 18-month period referred to in Article 67(5) of the Implementing Regulation, interest may be charged by the creditor institution on outstanding claims. The interest shall be calculated in accordance with Article 68(2) of the Implementing Regulation with a supplement of 8 % above the base rate. 5e. During the reimbursement procedure requests or reactions to requests or notifications have to be answered within a period of six months. Should the deadline be exceeded, the reimbursement request is considered to be accepted. 5f. The arrangements for reimbursement are laid down in the Implementing Regulation. 5f. For the purposes of paragraphs 5b to 5e, two or more Member States, or their competent authorities, may provide for other methods of reimbursement or waive all reimbursement between the institutions falling under their jurisdiction.” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:c10521)
Amendment 449 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
Article 68b – paragraph 1
1. Family benefits in cash which are intended to replace or grand additional income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation. (Article 1- paragraph 23)
Amendment 451 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 883/2004
Article 70 – paragraph 4 a (new)
Article 70 – paragraph 4 a (new)
23a. In Article 70, the following paragraph is added: “4a. By way of derogation from Article 4 of this Article, a Member State may, in accordance with Union law, provide that access to the benefits referred to in paragraph 2 of this Article, which also constitute social assistance within the meaning of Directive 2004/38/EC, is subject to the fulfilment of the conditions for equal treatment under Article 24 of that Directive by the claimant.”
Amendment 464 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 1
Article 76 a – paragraph 1 – indent 1
– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 481 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Regulation (EC) No 883/2004
Article 87 b – paragraph 4
Article 87 b – paragraph 4
4. Articles 61, 642 and 65 of this Regulation in force before [the entry into application of the Regulation (EU) xxxx] shall continue to apply to unemployment benefits granted to persons whose unemployment started before that date..
Amendment 512 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – point 2 – point e a
Article 1 – point 2 – point e a
(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or to avoid to pay social security contributions, contrary to the provisions of the basic Regulation and the implementing Regulation or the law of a Member State;.
Amendment 514 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point e b (new)
Article 1 – paragraph 2 – point e b (new)
(eb) ‘error’ means unintentional wrong conduct or unintentional omission on the part of an institution or of a person falling within the scope of the basic Regulation and the implementing Regulation;
Amendment 515 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EC) No 987/2009
Article 2 – paragraph 5
Article 2 – paragraph 5
5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to providetransmit personal data about that person. within the meaning of Regulation (EU) 2016/679. The request and any response shall concern information which enables the competent Member State to identify any inaccuracyconsistencies in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing Regulation is based. The request can also be madetransmitted where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case, but the information shall be required in accordance with the legislation applicable to the competent institution. The request for information and any response must be necessary and proportionate.
Amendment 526 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 25 working day shall inform the competent institutions of the Member States concerned of the result within three months from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institutionrmination that the applicable law was incorrectly certified, the certificate shall be withdrawn or rectify the document immediately and with retroactive effectied, whereby the legislation applicable in the issuing Member State shall be complied with. This shall also be applied to previous periods.
Amendment 556 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that immediatelyn the last month before the start of his employment, the person concerned is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52 OJ L 018, 21.01.1997 p. 1.
Amendment 570 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
Regulation (EC) No 987/2009
Article 14 – paragraph 5a
Article 14 – paragraph 5a
5a. For the purpose of the application of Title II of the basic Regulation, ‘registered office or place of business’ shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out, provided the undertaking performs a substantial activity in that Member State. Otherwise, it shall be deemed to be situated in the Member State where the centre of interest of activities of the undertaking determined in accordance with the criteria laid down in paragraphs 9 and 10 is located.. In determining the location of the "registered office or place of business" the following factors shall be taken into account in an overall assessment: (a) the place of residence of the main directors; (b) the places where general meetings are held; (c) the place where administrative and accounting documents are kept; (d) the place where financial and particularly transactions mainly take place; (e) the habitual nature of the activity pursued. The determination shall be carried out in the framework of an overall assessment giving due eight to each of the criteria mentioned above.
Amendment 582 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 3
Article 16 – paragraph 3
3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and the persons and the employers concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
Amendment 597 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Regulation (EC) No 987/2009
Article 20 a – paragraph 1 – indent 1
Article 20 a – paragraph 1 – indent 1
– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 611 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Regulation (EC) No 987/2009
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 616 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 1
Article 25 – paragraph 1
15a. In Article 25, paragraph 1 is replaced by the following: "1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 619 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
Article 25 – paragraph 3
15b. In Article 25, paragraph 3 is replaced by the following: "3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 621 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 c (new)
Article 2 – paragraph 1 – point 15 c (new)
Regulation (EC) No 987/2009
Article 26
Article 26
15c. Article 26 is replaced by the following: "Article 26 Scheduled treatment A. Authorisation procedure 1. For the purposes of the application of Article 20(1) of the basic Regulation, the insured person shall present a document issued by the competent institution to the institution of the place of stay. For the purposes of this Article, the competent institution shall mean the institution which bears the cost of the scheduled treatment or long-term care; in the cases referred to in Article 20(4) and 27(5) of the basic Regulation, in which the benefits in kind provided in the Member State of residence are reimbursed on the basis of fixed amounts, the competent institution shall mean the institution of the place of residence. 2. If an insured person does not reside in the competent Member State, he shall request authorisation from the institution of the place of residence, which shall forward it to the competent institution without delay. In that event, the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of Article 20(2) of the basic Regulation are met in the Member State of residence. The competent institution may refuse to grant the requested authorisation only if, in accordance with the assessment of the institution of the place of residence, the conditions set out in the second sentence of Article 20(2) of the basic Regulation are not met in the Member State of residence of the insured person, or if the same treatment or long-term care can be provided in the competent Member State itself, within a time-limit which is medically justifiable, taking into account the current state of healthneed of long-term care and the probable course of illnessneed of long- term care of the person concerned. The competent institution shall inform the institution of the place of residence of its decision. In the absence of a reply within the deadlines set by its national legislation, the authorisation shall be considered to have been granted by the competent institution. 3. If an insured person who does not reside in the competent Member State is in need of urgent vitally necessary treatment, and the authorisation cannot be refused in accordance with the second sentence of Article 20(2) of the basic Regulation, the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution, which shall be immediately informed by the institution of the place of residence. The competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation, concerning the need for urgent vitally necessary treatment. 4. At any time during the procedure granting the authorisation, the competent institution shall retain the right to have the insured person examined by a doctor of its own choice or, in the case of the need for long-term care, by a doctor or another expert of its own choice in the Member State of stay or residence. 5. The institution of the place of stay shall, without prejudice to any decision regarding authorisation, inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation. B. Meeting the cost of benefits in kind incurred by the insured persor appropriate taking into account the current state of need for long-term care to supplement the treatment or long-term care covered by the existing authorisation. B. Meeting the cost of benefits in kind incurred by the insured person 6. Without prejudice to paragraph 7, Article 25(4) and (5) of the implementing Regulation shall apply mutatis mutandis. 7. If the insured person has actually borne all or part of the costs for the authorised medical treatment or long-term care him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 (actual cost) are lower than the costs which it would have had to assume for the same treatment or long-term care in the competent Member State (notional cost), the competent institution shall reimburse, upon request, the cost of treatment or long-term care incurred by the insured person up to the amount by which the notional cost exceeds the actual cost. The reimbursed sum may not, however, exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment or long-term care had been delivered in the competent Member State. C. Meeting the costs of travel and stay as part of scheduled treatment or long-term care 8. Where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment or long-term care of the insured person, such costs for the person concerned and, if necessary, for a person who must accompany him/her, shall be assumed by this institution when an authorisation is granted in the case of treatment or long- term care in another Member State. D. Family members 9. Paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 623 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Regulation (EC) No 987/2009
Article 28 – paragraph 1
Article 28 – paragraph 1
Amendment 626 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Regulation (EC) No 987/2009
Article 31 – title and paragraphs 1 and 2
Article 31 – title and paragraphs 1 and 2
Amendment 632 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EC) No 987/2009
Article 32 – paragraph 1
Article 32 – paragraph 1
17a. In Article 32, paragraph 1 is replaced by the following: "1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 636 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Regulation (EC) No 987/2009
Article 55 – paragraph 4 – subparagraph 3
Article 55 – paragraph 4 – subparagraph 3
Amendment 637 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Regulation (EC) No 987/2009
Article 55 – paragraph 7
Article 55 – paragraph 7
Amendment 640 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
Regulation (EC) No 987/2009
Article 55a
Article 55a
Amendment 644 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
Regulation (EC) No 987/2009
Article 56 – paragraphs 1 and 3
Article 56 – paragraphs 1 and 3
Amendment 646 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Regulation (EC) No 987/2009
Title VI – Chapter I – title
Title VI – Chapter I – title
Amendment 648 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
Regulation (EC) No 987/2009
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The annual average cost per person in each age group for a specific year shall be notified to the Audit Board at the latest by the end of the second year following the year in question, with sickness and long- term care benefits in kind indicated separately.
Amendment 649 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)
Article 2 – paragraph 1 – point 26 a (new)
Regulation (EC) No 987/2009
Article 66 – paragraph 2
Article 66 – paragraph 2
26a. In Article 66, paragraph 2 is replaced by the following: "2. The reimbursements between the institutions of the Member States, provided for in Articles 35 and 41 of the basic Regulation, shall be made via the liaison body. There may be a separate liaison body for reimbursements under Articles 35 and Article 41 of the basic Regulation. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- Mutual claims shall be off-set between the liaison bodies. The Administrative Commission shall establish detailed arrangements for such off-setting. " Or. en 20170411&from=EN)
Amendment 650 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 b (new)
Article 2 – paragraph 1 – point 26 b (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 1
Article 67 – paragraph 1
26b. In Article 67, paragraph 1 is replaced by the following: "1. Claims based on actual expenditure shall be introduced to the liaison body of the debtor Member State within 12 months of the end of the calendar half-year during which those claims were recorded in the accounts of the creditor institution. Claims shall be met, where possible, within one month, and in any event within six months, of the claim. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 651 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 c (new)
Article 2 – paragraph 1 – point 26 c (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 652 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 e (new)
Article 2 – paragraph 1 – point 26 e (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 5
Article 67 – paragraph 5
26e. In Article 67, paragraph 5 is replaced by the following: "5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 18 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period. The liaison body of the creditor Member State shall reply to such a rejection within 12 months of the end of the month during which the rejection was received. In the absence of such a reply, the rejection shall be deemed to be accepted. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 654 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 f (new)
Article 2 – paragraph 1 – point 26 f (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 7
Article 67 – paragraph 7
26f. In Article 67, paragraph 7 is replaced by the following: "7. The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reached within the period set out in paragraph 6, and, upon a reasoned request by one of the parties, shall give its opinion on a dispute within sixnine months following the month in which the matter was referred to it. The Audit Board shall receive the request no later than nine months after expiry of the period set out in paragraph 6. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 656 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 g (new)
Article 2 – paragraph 1 – point 26 g (new)
Regulation (EC) No 987/2009
Article 68 – paragraph 2
Article 68 – paragraph 2
26g. In Article 68, paragraph 2 is replaced by the following: "2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus eight percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009R0987)
Amendment 657 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
Regulation (EC) No 987/2009
Article 70
Article 70
Amendment 658 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27 a (new)
Article 2 – paragraph 1 – point 27 a (new)
Regulation (EC) No 987/2009
Article 70 – paragraph 1
Article 70 – paragraph 1
27a. in Article 70, the first paragraph is replaced by the following: “If there is no agreement in accordance with Article 65(811) of the basic Regulation, the institution of the place of residence shall request reimbursement of unemployment benefits pursuant to Article 65(6) andto (79) of the basic Regulation from the institution of the Member State to whose legislation the beneficiary was last subject. The request shall be made within six months of the end of the calendar half- year during which the last payment of unemployment benefit, for which reimbursement is requested, was made. The request shall indicate the amount of benefit paid during the three or fivefour month-period referred to in Article 65(6) and (76) of the basic Regulation, the period for which the benefits were paid and the identification data of the unemployed person. The claims shall be introduced and paid via the liaison bodies of the Member States concerned. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987-” Or. en 20170411&from=EN)
Amendment 659 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27 b (new)
Article 2 – paragraph 1 – point 27 b (new)
Regulation (EC) No 987/2009
Article 70 – paragraph 3
Article 70 – paragraph 3
Amendment 660 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
In case of a retroactive change of the applicable legislation including situations referred to in Article 6(4) and (5) of the implementing Regulation, at the latest threesix months after the applicable legislation has been determined or the institution responsible for paying the benefits has been identified, the institution which unduly paid cash benefits shall draw up a statement of the amount paid and shall send it to the institution identified as being competent for the purpose of their reimbursement.
Amendment 661 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 3 – subparagraph 3
Article 73 – paragraph 3 – subparagraph 3
If the amount of unduly paid contributions exceeds the amount the legal and/or natural person owes to the institution identified as being competent, the institution which unduly received contributions shall reimburse the amount in excess to the legal and/or natural person concerned. in accordance with national law.
Amendment 662 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 4
Article 73 – paragraph 4
4. The existence of time limits and application procedures under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.
Amendment 685 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 39 a (new)
Article 2 – paragraph 1 – point 39 a (new)
Regulation (EC) No 987/2009
Article 86
Article 86
39a. Article 86 is replaced by the following: "Article 86 Review clause 1. No later than the fourth full calendarwo years after the entry into force of the implementing Regulationexpiry of the transitional period referred to in Article 95, the Administrative Commission shall present a comparative report on the time limits set out in Article 67(2), (5) and (6) of the implementing Regulation. On the basis of this report, the European Commission may, as appropriate, submit proposals to review these time limits with the aim of reducing them in a significant way. 2. No later than the date referred to in paragraph 1, the Administrative Commission shall also assess the rules for conversion of periods set out in Article 13 with a view to simplifying those rules, if possible. 3. Administrative Commission shall present a report specifically assessing the application of Chapters I and III of Title IV ofThe report shall include a review of when settlement on the basis of fixed amounts, as referred to in Section 2 of Chapter I of Title IV, can be deleted. On the basis of this report, the Commission may, as appropriate, submit proposals to shorten those timplementing Regulation, in particular with regard to the procedures and time limits referred to in Article 67(2), (5) and (6) of the implementing Regulation and to the recovery procedures referred to in Articles 75 to 85 of the implementing Regulation. In the light of this report, the European Commission may, if necessary, submit appropriate proposals to make these procedures more efficient and balanced. e limits as well as a proposal to delete Section 2 of Chapter I of Title IV. " No later than 1 May 2015, the Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 687 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 40 – point b
Article 2 – paragraph 1 – point 40 – point b
Regulation (EC) No 987/2009
Article 87 – paragraph 6
Article 87 – paragraph 6
However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence..
Amendment 688 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 44
Article 2 – paragraph 1 – point 44
Regulation (EC) No 987/2009
Article 94 a – paragraph 1
Article 94 a – paragraph 1
Until the entry into force of Regulation (EU) XXX, Articles 56 and 70 of the version of the implementing Regulation in force before [the date of entry into force of the Regulation (EU) xxxx] shall continue to apply to unemployment benefits granted to persons who became unemployed before that date..
Amendment 696 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7 a (new)
Annex I – point 7 a (new)
Regulation (EC) No 883/2004
Annex XIII a (new)
Annex XIII a (new)
7a. The following annex is added: “Annex XIIIa Long-term care benefits in cash provided in derogation from Article 33a(a) of Chapter I (Article 33a(2))”
Amendment 700 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7 c (new)
Annex I – point 7 c (new)
Regulation (EC) No 987/2009
Annex 5
Annex 5
7c. In Regulation (EC) No 987/2009, Annex 5 is deleted.
Amendment 29 #
2016/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand and need for access to broadcasts of television and radio programmes, including catch-up services, not only originating in their Member State but also in other Member States of the Union, includingespecially from members of linguistic minorities of the Union as well as from, persons who live in another Member State than their Member State of origin as well as persons who study other languages than their mother tongue.
Amendment 40 #
2016/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance.
Amendment 61 #
2016/0284(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.
Amendment 70 #
2016/0284(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary tof broadcasters and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.
Amendment 78 #
2016/0284(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.
Amendment 164 #
2016/0284(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ancillary online service as well as the access to or the use of an ancillary online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.
Amendment 203 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) "ancillary online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non-linear radio or television programmes before, simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast;
Amendment 236 #
2016/0284(COD)
Proposal for a regulation
Article 2 – title
Article 2 – title
Application of the principle of ‘country of origin’ to ancillary online services
Amendment 247 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.
Amendment 272 #
2016/0284(COD)
Exercise of the rights in retransmission and in re-use of broadcasting organisations' on-demand services by right holders other than broadcasting organisations
Amendment 300 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5 a) The principles of paragraphs 1 to 5 shall apply also to the integral re-use of the broadcasting organisation’s on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.
Amendment 2 #
2016/0205(NLE)
Draft opinion
Article 1
Article 1
The Committee on Employment and Social Affairs calls on the Committee on International Trade, as the committee responsible, to recommend that Parliament decline to give its consent to the proposal for a Council decision on the conclusion of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part;.
Amendment 281 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation does not apply to the activities referred to in Article 2(2) of Directive 2006/123/EC with the exception of point (g) in Article 2(2) of Directive 2006/123/EC.
Amendment 362 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) receive electronically supplied services, the main feature of which is the provision of access to and use of copyright-protected works or other protected subject matter, in respect of which the trader has the requisite rights for the territory from which the consumer seeks to receive such services;
Amendment 41 #
2016/0130(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The binding occupational limit values should be reviewed regularly and at least every 5 years and revised when necessary in the light of scientific data. This revision should duly take into account the recommendations and opinions of the Scientific Committee on Occupational Exposure Limits (SCOEL) and the Advisory Committee on Safety and Health at work (ACSH) which is composed of three full members per Member State, representing national governments, trade unions and employers' organisations.
Amendment 57 #
2016/0130(COD)
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2c) There is no harmonised methodology for measuring workers' exposure to carcinogens, mutagens and substances that are toxic for reproduction at European level. The European Commission should shortly develop such an EU methodology in order to ensure on the one hand, similar and high-level protection for workers and on the other hand, a level playing field.
Amendment 59 #
2016/0130(COD)
Proposal for a directive
Recital 2 d (new)
Recital 2 d (new)
(2d) More transparency on health risks incurred by workers should be provided by including two new columns to Annex III in order to indicate the residual cancer risk associated with each Binding Occupational Exposure Limit and the date of the last estimation.
Amendment 71 #
2016/0130(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The Advisory Committee on Safety and Health at work also assists the Commission, by giving for instance opinions on the Occupational Exposure Limits which should be set at EU level pursuant to Council Directive 98/24/EC and Directive 2004/37/EC in order to protect workers from chemical risks. These opinions are based in particular on the latest available scientific data and socioeconomic impacts.
Amendment 119 #
2016/0130(COD)
Proposal for a directive
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2004/37/EC
Title
Title
-1. The title is replaced by the following: “Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or, mutagens or reprotoxics at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)” lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:0023:0034:EN:PDF)Or. en (http://eur-
Amendment 173 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 2 – column 4
Annex III – Part A – row 2 – column 4
0,02501
Amendment 39 #
2016/0070(COD)
Proposal for a directive
Citation 3 a (new)
Citation 3 a (new)
Amendment 53 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed atin order to fight illegal competition and guaranteeing a level playing field for businesses and respect for the rights of workers.
Amendment 109 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of deprivThe temporary nature of the work carried out in the host Member State is an indispensable feature of genuine posting. In view of the long duration of certain posting assignments it is therefore necessary to ascertain this feature. Article 4, paragraph 3 of the Enforcement Directive 2014/67/EU provides a clear and non-exhaustive list of elements to be examined ing the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affectassessment of whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works. The case law of the ECJ also provides clarification on the temporary nature of the posting activity, which has to be determined in the rlight of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merelynot only of the duration of the provision of the service but also of its regularity, periodical nature or continuity. Therefore, in order to cpreate legal certainty in the application of the Rome I Regulation to a specific situationvent the abuse and circumvention of existing rules, without amending that Regulation in any way. T is essential closely monitor the temployee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationorary character of posting assignments.
Amendment 156 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed through sector-specific legislation together with other EU initiatives aimed at improv and should not be applied ing the functioning of the internal road transport marketis sector.
Amendment 168 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, orcosts, the quality and innovation of their goods and services, as well as their productivity and efficiency.
Amendment 196 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay as well as on mandatory bonuses and allowances in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers, must be proportionate and must not disproportionately restrict the cross-border provision of services.
Amendment 209 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remunerationinformation on minimum rates of pay and mandatory bonuses and allowances under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneris information on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 233 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or universally applicable collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non-discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross- border provision of services.
Amendment 259 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(–1) In Article 1, paragraph 2 is replaced by the following: "2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel and to transport services such as transit, international transport and linked cabotage."
Amendment 278 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 371 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime ratthe minimum rates of pay, including overtime rates and mandatory bonuses and allowances; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 411 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 434 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remunerationinformation on the minimum rates of pay and on mandatory bonuses and allowances in accordance with point (c).
Amendment 447 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 462 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a – subparagraph 1 a (new)
Article 3 – paragraph 1a – subparagraph 1 a (new)
In case of subcontracting, contractors shall be obliged to inform their subcontractors in writing in clear and unambiguous manner on conditions of employment, including minimum rates of pay and mandatory bonuses and allowances in force in the member states where work is carried out.
Amendment 64 #
2016/0062(NLE)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas violence against women is a brutal form of discrimination and a violation of the victims’ fundamental rights affecting their health and well- being; whereas violence against women happens everywhere in the EU, regardless of social background, whether at home, in public or online;
Amendment 65 #
2016/0062(NLE)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-Ab. whereas, according to the Gender Equality Index, no EU country has yet fully achieved equality between women and men; whereas violence against women is often a consequence of such inequalities;
Amendment 66 #
2016/0062(NLE)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-Ac. whereas violence against women contributes to the persistence of gender based inequalities by hampering victims’ access to employment, with negative effects on their financial independence and the economy in general;
Amendment 72 #
2016/0062(NLE)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas modern forms of slavery and human trafficking, which mainly affect women, are still persistent in the EU, especially in the agricultural sector;
Amendment 147 #
2016/0062(NLE)
Motion for a resolution
Recital F
Recital F
F. whereas only a mix of policies combining legislative and non-legislative measures, including infrastructural, legal, judicial, cultural, educational, social and health actions can significantly reduce violence against women and gender-based violence and its consequences; whereas cooperation with civil society, and women’s organisations in particular, is alsoextremely important;
Amendment 219 #
2016/0062(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that by acceding to the Convention the EU will become a more efficient global actor in the field of women’s rights;
Amendment 302 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that in order to be more effective, measures combatting violence against women should be accompanied by actions tackling gender based economic inequalities and promoting the financial independence of women;
Amendment 58 #
2015/2354(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the potential of the collaborative economy for job creation and a more inclusive labour market across Member States; considers that the issue of regulatory uncertainty related to new business models needs to be addressed, as it would benefit businesses, workers and consumers alike; believes that a country- by-country taxation principle needs to be established;
Amendment 79 #
2015/2354(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Regrets that the services market remains fragmented; considers that existing barriers to the free exchange of services, including the inadequate enforcement of existing rules, limit the opportunities for businesses and lead to unnecessarily high prices and hamper job-creation; calls on the Commission to deliver the necessary reforms that will remove barriers in the service sector by adopting a targeted sector-specific approach for services;
Amendment 10 #
2015/2345(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Acknowledges the essential role Non- governmental organisations play in the social field, including in the implementation of EU policies in Member States; recognizes the importance of NGO mediation between citizens and public authorities; commends NGO activity in the fight against poverty and social exclusion;
Amendment 29 #
2015/2345(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and Member States to ensure the independence ofa climate in which social NGOs cand to provide fund maintain their independence ing to contribute to the independenthe provision of services and in the assessment of policies;
Amendment 48 #
2015/2345(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. NotesAcknowledges the importance of transparency and of the efficient use of the EU budget, to which reasonable monitoring requirements can strongly contribute. Notes however, that many NGOs have difficulties in accessing ESF funding and are disproportionately burdened by the complexity of programmes and reporting requirementbecause of complex funding rules; calls on the Commission and Member States to step up support in this area;
Amendment 17 #
2015/2284(INI)
Motion for a resolution
Recital D
Recital D
D. whereas since 1 January 2014 formerly self-employed persons can also be eligible beneficiaries and can receive assistance; whereas, until 31 December 2017, young people not in employment, education or training (NEETs) in regions eligible under the Youth Employment Initiative can benefit from EGF support in numbers equal to the number of targeted beneficiaries;
Amendment 20 #
2015/2284(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the original EGF budget was EUR 500 million per year; whereas the current budget is EUR 150 million per year, with an average annual spend of EUR approximately 70 million since its inception;
Amendment 22 #
2015/2284(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the EGF is an emergency fund designed to provide rapid intervention and short-term assistance in response to acute and unforeseen labour market difficulties involving large-scale mass redundancies and remains outside the Multiannual Financial Framework (MFF);
Amendment 23 #
2015/2284(INI)
Motion for a resolution
Recital I
Recital I
I. whereas between 2007 and 2014 there have been 134 applications from 20 Member States, relating to122 121 targeted workers, and whereas a total of EUR 561.1 million has been requested;
Amendment 24 #
2015/2284(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas in the 2007-2013 period the budget implementation rate was only 55% and 45% of allocated funds were unused.
Amendment 25 #
2015/2284(INI)
Motion for a resolution
Recital J
Recital J
J. whereas EGF measures are found to have most value added when used to co- finance services not ordinarily existing under Member State employment benefit systems and in cases where these measures have been personalised and are complementary to mainstream provision, in particular for the most vulnerable groups of workers made redundant;
Amendment 50 #
2015/2284(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes the significant increase in the number of applications during the derogative period 2009-2011, which allowed applications on the basis of crisis- related criteria; notes that over half of the total number of projects in the 2007-2014 period were crisis-related;
Amendment 86 #
2015/2284(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that out of the 73 projects analysed in the Commission's ex-post evaluation report the average share of beneficiaries aged 55 or over was 15 % and of beneficiaries aged 15-24 was 5 %; welcomes therefore the emphasis in the new regulation on older and younger workers and the inclusion of NEETs in certain applications;
Amendment 91 #
2015/2284(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that according to the figures from the same report EGF beneficiaries tend to have a relatively lower than average educational attainment, thus less transferrable skills, which, in normal circumstances reduces their employment opportunities and makes them more vulnerable on the labour market;
Amendment 93 #
2015/2284(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that, according to the ex-post evaluation, the average beneficiary reach rate across all 73 cases examined was 78 %. This includes 20 cases with beneficiary reach rates of 100 % or more; insists however that the maximum reach rate for any case is 100 % and therefore the use of figures greater than 100 % skews the data to suggest a significantly higher reach rate than the actual one; notes that this is also the case of the budget implementation rate; calls on the Commission to adjust its figures to provide a more accurate assessment of beneficiary reach rates and budget implementation rates;
Amendment 102 #
2015/2284(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Takes the view that the EGF can deliver the best EU added value when supporting training and re-training schemes for workers, and especially lower-skilled vulnerable groups, that prioritize skills needed by the labour market and entrepreneurship;
Amendment 105 #
2015/2284(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that according to the Commission's ex-post evaluation on average just 6 % of EGF funds were spent on administrative and management costs;
Amendment 126 #
2015/2284(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets the fact that budget implementation rates range from 3 % to 110 %, with an average implementation rate of 55 %; considers that this situation reflects deficiencies either at planning or at implementation phase and should be improved through better designed and better implemented projects;
Amendment 131 #
2015/2284(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Is of the opinion that EGF and ESF measures should be used to complement each other in order to deliver both specific short-term and more general longer-term solutions; is satisfied with the conclusion that, generally, Member States effectively coordinated the EGF with ESF and national labour market measures and that no instances of overlap or double- funding of individuals was detected during the Court of Auditors audit;
Amendment 132 #
2015/2284(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Is satisfied with the finding from the Commission's report on the EGF's activities in 2013 and 2014 that there were no irregularities reported to the Commission under the EGF Regulations in 2013 and 2014, nor were any EGF- related irregularities closed in 2013 and 2014;
Amendment 134 #
2015/2284(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that SMEs account for 85 % of all EU enterprises and, employ the vast majority of EU workers; in this context, expresses concern that the EGF has had a very limited impact on SMEs, despite the fact that it clearly provides scope for SMEs to be targeted; calls for more improvements in this regard, among other means by placing greater emphasis on the provision from article 8, point d) on the need to identify the suppliers or downstream producers of dismissing enterprises.
Amendment 142 #
2015/2284(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Notes the concentration of applications in the manufacturing and construction sectors and in particular in the automotive and aviation industries, with aid mainly provided for large enterprises. Considers that a more even use of the fund across economic sectors would enable a more pronounced support for SMEs.
Amendment 149 #
2015/2284(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Is satisfied with the finding in the Commission's ex-post implementation report identifying a positive trend between resources used on promotion of entrepreneurship and the self-employment rate at the end of the measures, indicating a high degree of success with the use of such measures as part of EGF in promoting and fostering entrepreneurship. Considers that such measures should be strengthened in the future.
Amendment 28 #
2015/2255(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. Whereas the free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market enshrined in the Treaty on the Functioning of the European Union (TFEU),
Amendment 29 #
2015/2255(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. Whereas, the case-law of the Court of Justice of the European Union has established that the freedom to provide services implies, in particular, the abolition of any discrimination against a service provider on account of its nationality or the fact that it is established in a Member State other than the one in which the service is provided,
Amendment 58 #
2015/2255(INI)
Motion for a resolution
Recital B
Recital B
B. whereas on 15 July 2014 in his 2015 State of the Union address Jean-Claude Juncker, President of the Commission, undertook before Parliament to combat 'social dumping' and reiterated this commitment in his 2015 State of the Union address9 ,highlighted the need for a more fair and truly pan-European labour market that can be achieved through the promotion and safeguarding of the free movement of citizens as a fundamental right of the EU, while avoiding cases of abuses and risks of social dumping; __________________ 9 http://europa.eu/rapid/press- release_SPEECH-15-5614_en.htm
Amendment 71 #
2015/2255(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 200710 highlighted the legitimacy of the struggle against social dumping, at the protection of workers against possible social dumping may constitute an overriding reason of public interest which could justify an infringement of free movement of services, but also that the EU Posted Workers Directive 96/71 EC cannot be interpreted as allowing the host Member State to make the provision of services in its territory conditional on the observance of terms and conditions of employment which go beyond the mandatory rules for minimum protection. __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309
Amendment 100 #
2015/2255(INI)
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protection for the same work at the same place'treatment for all European workers,
Amendment 184 #
2015/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translationorder to ensure the effective implementation of Directive 2014/67/EU;
Amendment 190 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordinamore effective implementation of existing legislation and increased cooperation between national labour inspectorates both within and outside the European Platform for Undeclared Work, in order to efficiently fight cases of infringement of national and EU labour law and EU provisions on the free movement of workers, freedom of establishment and freedom to provide services. All measures introduced in order to prevent and combat the abuse and circumvention withof the platform against undeclared work in order to limit the financial burden involved; applicable rules by undertakings should be justified and proportionate so as not to create undue administrative burdens on SMEs or to limit their potential to create new jobs, while protecting posted workers.
Amendment 247 #
2015/2255(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 297 #
2015/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 328 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairsand all forms of abuses in order to ensure a climate of fair competition on the single market. This would also be essential in case of the adoption of the proposal for a dDirective on single-personmember private limited liability companies, that would facilitate cross-border business and allow SMEs to take full advantage of the opportunities of the single market;
Amendment 346 #
2015/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 368 #
2015/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collectivrespect for minimum rates of pay as established in Directive 96/71/EC is paramount, and that this would be agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remunerationatly facilitated by more accessible information to service providers and posted workers on the terms and conditions of employment from host Member States;
Amendment 395 #
2015/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive;Calls for a more clear definition of the notion of posted worker, especially in what regards the temporary nature of the work carried out.
Amendment 435 #
2015/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increasedeffective controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 ; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 459 #
2015/2255(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls fon the Commission to consider the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;
Amendment 474 #
2015/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'; emphasises that workers such as airline pilots and train drivers cannot be considered to be independent of the companies for which they work;
Amendment 492 #
2015/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road opin the current legislation should be clarified and simplified in ordera tors of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notific facilitate correct implementation;
Amendment 589 #
2015/2255(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 614 #
2015/2255(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical frameworkTakes the view that the establishment of a common set of EU minimum social rights would be useful. Recalls the Commission's commitment to proposing a basis of minimum social rights;
Amendment 632 #
2015/2255(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Desires that national wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers;
Amendment 700 #
2015/2255(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be revisfully applied before any trade agreement including provisions relating to 'Mode 4' can be concluded;
Amendment 10 #
2015/2254(INL)
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;
Amendment 20 #
2015/2254(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the European Social Charter, in particular article E;
Amendment 23 #
2015/2254(INL)
Motion for a resolution
Citation 6
Citation 6
– having regard to the Copenhagen criteria, and the body of EU rules a candidate country must fulfil if it wishes to join the EU - the acquis - in particular Chapters 23 and 24,
Amendment 26 #
2015/2254(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Framework Convention for the Protection of National Minorities of the Council of Europe;
Amendment 27 #
2015/2254(INL)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to the European Charter for Regional or Minority Languages of the Council of Europe;
Amendment 51 #
2015/2254(INL)
Motion for a resolution
Citation 19
Citation 19
Amendment 55 #
2015/2254(INL)
Motion for a resolution
Citation 20
Citation 20
Amendment 61 #
2015/2254(INL)
Motion for a resolution
Citation 21
Citation 21
Amendment 69 #
2015/2254(INL)
Motion for a resolution
Citation 22
Citation 22
Amendment 95 #
2015/2254(INL)
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries share obliged to uphold those principles and values, and they have the duty of loyal cooperationprinciples and values which result from the constitutional traditions coming from the Member States;
Amendment 122 #
2015/2254(INL)
Motion for a resolution
Recital F
Recital F
F. whereas respect for cultural diversity and national traditions maywithin and among member states does not impede a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF);
Amendment 146 #
2015/2254(INL)
Motion for a resolution
Recital I
Recital I
I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlightestimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework wouldmight result in cost savings of € 70 billion annually;
Amendment 154 #
2015/2254(INL)
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice; while this failure is especially pertinent in case of the Copenhagen criteria regarding the respect for and protection of ethnic and national minorities;
Amendment 173 #
2015/2254(INL)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas approximately 8% of the EU-28 citizens belong to a national minority and approximately 10% speak a regional or minority language; whereas there is no EU legal framework to guarantee their rights as a minority; whereas the establishment of an effective mechanism to monitor their rights in the EU is of outmost importance; whereas there is a difference between the protection of minorities and antidiscrimination policies; whereas equal treatment is a basic right, not a privilege, of all citizens;
Amendment 209 #
2015/2254(INL)
Motion for a resolution
Recital S
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliancerecent developments in some Member States raise concerns whether the rule of law is still upheld throughout the EU;
Amendment 265 #
2015/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
Amendment 286 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the Member States are obliged to cooperate with each other and the EU, based on the principles of mutual trust and sincere cooperation;
Amendment 305 #
2015/2254(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 386 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that the existing tools for rule of law monitoring, reporting and assessment should be further streamlined; Considers that a common platform could be established where all information sources are included and made public;
Amendment 390 #
2015/2254(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;
Amendment 398 #
2015/2254(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals wcould lead to substantial cost and time savings, and willcould thus be beneficial both in economic and social terms;
Amendment 408 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 3
Annex – Citation 3
– having regard to Article 4(3) and Article 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union and Protocol No 2 on the application of the principles of subsidiarity and proportionality,
Amendment 409 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 4 a (new)
Annex – Citation 4 a (new)
– having regard to the European Social Charter, in particular Article E on non-discrimination;
Amendment 410 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 5
Annex – Citation 5
– having regard to the Copenhagen criteria and other Union law with which a candidate country must comply if it wishes to join the Union (the acquis), in particular Chapters 23 and 24,
Amendment 413 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 7 a (new)
Annex – Citation 7 a (new)
– having regard to the Framework Convention for the Protection of National Minorities of the Council of Europe,
Amendment 414 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 7 b (new)
Annex – Citation 7 b (new)
– having regard to the European Charter for Regional or Minority Languages of the Council of Europe,
Amendment 433 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 20
Annex – Citation 20
Amendment 435 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 21
Annex – Citation 21
Amendment 437 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 24
Annex – Citation 24
Amendment 479 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – introductory part
Annex – Article 6 – introductory part
The DRF ScoreboardReport shall be drawn up using a variety of sources, and the existing tools for assessment, reporting and monitoring of Member States’ activities including:
Amendment 490 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – paragraph 1 a (new)
Annex – Article 6 – paragraph 1 a (new)
All the contributions from the above- mentioned sources shall be made available to the public on the websites of the panel or the Commission.
Amendment 513 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 2 – indent 4
Annex – Article 8 – point 2 – indent 4
– Equality before the law and non- discrimination, including with regard to national minorities
Amendment 523 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – introductory part
Annex – Article 9 – introductory part
The assessment of the state of DRF in the Member States, as well as the development of country-specific draft recommendations, shall be carried out by a broad and representative panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.
Amendment 533 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.1 – indent 4 a (new)
Annex – Article 9 – point 9.1 – indent 4 a (new)
– one expert designated by the Council of Europe Advisory Committee on the Implementation of the Framework Convention for the framework Convention on the Protection of National Minorities;
Amendment 540 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.2 a (new)
Annex – Article 9 – point 9.2 a (new)
9.2a The expert panel shall adopt the Report by a majority of two thirds of its members.
Amendment 643 #
2015/2254(INL)
Motion for a resolution
Annex – Article 15
Annex – Article 15
An interinstitutional impact assessment working group ('Working Group') shallcan be set up out of existing structures in the institutions with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion. These existing tools should be promoted and properly applied.
Amendment 2 #
2015/2228(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. whereas the objective of ensuring equality between men and women dates back to the 1957 Treaty of Rome, according to the European Commission in 2015 women still earned 16% less per hour than men for the same work. Considers that greater equality on the labour market would not only bring benefits to women but to the economy and society in general;
Amendment 14 #
2015/2226(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the centrality of agriculture to social cohesion owing to its role in economic growth and diversification, and in fixing populations in rural areas; considers that the CAP could be one of the EU instruments best placed to tackle challenges such as climate change, the EU's aging population and the integration of migrants; stresses the need to strengthen the CAP budget and to ensure social fairness in its implementation;
Amendment 38 #
2015/2226(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the strong market orientation of the EU’s agricultural policies and its negative effect on rural incomes and employment, as evidenced by the liberalisation of the dairy sector; condemns the negative impact on agricultural labour of free trade agreements such as the Transatlantic Trade and Investment Partnership;Considers that balanced free trade agreements such as the Transatlantic Trade and Investment Partnership on the whole can provide gains for the EU agricultural sector; however there is a need for adapting the negotiations in order to improve the EU position in sectors where the EU will face stronger competition.
Amendment 67 #
2015/2226(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the introducta stronger inclusion of social conditionalitysiderations in the CAP’s first pillar;
Amendment 85 #
2015/2226(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a stronger role for social partners in the development and implementation of agricultural policy in order to create quality jobs, ensure adequate health and safety conditions and foster the economic and social integration of rural workers, in particular migrant workers;
Amendment 110 #
2015/2226(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that incentives, such subsidies and tax breaks encouraging young agricultural entrepreneurs to start up business in the sector and improving access to land through instruments such as public land banks is key to agricultural employment;
Amendment 131 #
2015/2226(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for the defence of the right to public services in rural areas against current neo-liberal policies; supports the development of minimum income schemes to ensure social cohesion, given the high rate of poverty and social exclusion in rural areas.
Amendment 25 #
2015/2118(INI)
Draft opinion
Recital E
Recital E
E. whereas special attention must be given to vulnerable groups living in extreme poverty, such as Roma, children and refugees;
Amendment 73 #
2015/2118(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considering the cross-border, including intra-EU nature of THB, calls on the Commission to come forward with proposals that create consistency in EU legislation, to ensure that victims of THB are entitled to proper support and assistance;
Amendment 3 #
2015/2116(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that an EU anti-discrimination directive was proposed by the Commission in 2008, but that the matter remains blocked in CouncilRegrets that, despite progress made since the adoption of the Employment Equality Directive and the Racial Equality Directive, practical implementation of non-discrimination legislation in the EU still lags behind and discrimination still remains part of the daily lives of many Europeans, the 2012 Special Eurobarometer 393 of the European Commission stating that 17% of the EU population has personally experienced discrimination or harassment. Notes that an EU anti-discrimination directive was proposed by the Commission in 2008, but that the matter remains blocked in Council. Considers that a uniform minimum level of vertical and horizontal protection, as provided for in the proposed directive, would be highly desirable and therefore calls upon the Council to unlock the directive;
Amendment 5 #
2015/2116(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that complaint mechanisms must be improved at national level, byNotes with concern that effective access to justice in many Member States is still hindered by various factors, such as the victims' lack of trust in authorities, complex and lengthy legal procedures and the unavailability of legal support for complainants. Believes that complaint mechanisms must be improved at national level by ensuring adequate resources for justice systems, offering training to judges, simplifying complaint procedures and strengthening national equality bodies as regards support for access to justice and non-judicial mechanisms;
Amendment 13 #
2015/2116(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with concern the lack of awareness of the victim’'s rights and the possibilities of seeking redress, and therefore calls for structured and targeted awareness-raising activities to be carried out in relation to EU anti-discrimination legislation, both by the European Commission and by member state authorities;
Amendment 17 #
2015/2116(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes with concern the lack of comparable equality data, as well as huge differences in the reporting of cases across Member States. Notes that the collection of equality data does not go counter to data protection rules insofar as the legal safeguards are respected and points out that, according to Special Eurobarometer 263, there is a broad willingness among the European public to provide personal information as part of a census on anonymous basis to combat discrimination. Urges member states to systematically collect equality data in order to make existing discrimination, and especially indirect discrimination, more visible. Notes that ethnic data is still scarce in many member states;
Amendment 21 #
2015/2116(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that non-discrimination in the field of occupation and employment is only effective if discrimination is comprehensively combated in all areas of life, therefore calls for vertical and horizontal alignment of protection from discrimination, both through legislation and through coordination tools, such as strategies and frameworks. Calls upon Member States to make use of the possibility to introduce positive action in case of groups that suffer of severe and structural discrimination;
Amendment 22 #
2015/2116(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Points out that for people with disabilities accessibility is a precondition to equal participation and an active role in society. Welcomes the recent proposal for an European Accessibility Act, as such a measure will certainly have a real and positive impact on the lives of persons with disabilities.
Amendment 26 #
2015/2116(INI)
Motion for a resolution
Recital E
Recital E
E. whereas although the perception of discrimination has increased, numerous victims of discrimination are still not aware of their rights or do not dare to take legal action against discriminatory practices, because of various factors, such as lack of trust in Member State authorities or complex and lengthy legal procedures;
Amendment 34 #
2015/2116(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the Employment Equality Directive only sets out minimum requirements, but Member States may provide for a higher level of protection in their national legislation;
Amendment 42 #
2015/2116(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the rate of employment of people with disabilities in the Member States is under 50 %, as compared to over 70 % for the general population, and the rate of unemployment of people with disabilities (18.3 %) is almost twice that of the general population (9.9 %); whereas behind the EU averages lie strong differences at country level;
Amendment 56 #
2015/2116(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that almost all Member States have included the general principle of equal treatment on specific grounds of discrimination in their constitutions; regrets, however, that only a few Member States have systematically ensured that all existing legal texts are in line with the principle of equal treatment, and even fewer implement them systematically15 and discrimination still remains part of the daily lives of many Europeans; __________________ 15 EPRS, ‘The Employment Equality Directive – Evaluation of its implementation’.
Amendment 76 #
2015/2116(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges the large jurisprudence of the European Court of Human Rights in the field of non-discrimination on the grounds of religion or belief; Welcomes the role played by the European Court of Human Rights, through its decisions in the interpretation and implementation of the Directive, and looks forward with interest to the future first decisions on this matter of the Court of Justice of the European Union (CJEU);
Amendment 113 #
2015/2116(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that workplaces should accommodate disabled persons in a way as for them to be on an equal footing with non-disabled workers; Welcomes the fact that all Member States offer grants or subsidies to employers providing reasonable accommodation, thereby incentivising employers to adapt the workplace in order to hire people with disabilities;
Amendment 124 #
2015/2116(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that ad-hoc accommodations should be replaced by the use of established standards in the design of workplaces; Encourages the Member States to contemplapromote the adoption of a universal design standard for creating working surroundings that take into account the needs of persons with disabilities;
Amendment 276 #
2015/2116(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls upon Member States to make use of the possibility from the Directive to introduce positive action in case of groups that suffer of severe and structural discrimination, such as the Roma;
Amendment 4 #
2015/2095(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Charter of Fundamental Rights of the European UnionGeneva Convention of 1951 and the additional protocol thereto,
Amendment 19 #
2015/2095(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the European Convention for the Protection of Human Rights and Fundamental FreedomsUniversal Declaration of Human Rights of 1948,
Amendment 23 #
2015/2095(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the Universal Declaration of Human Rights of 1948Charter of Fundamental Rights of the European Union,
Amendment 26 #
2015/2095(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to the GenevaEuropean Convention of 1951 and the additional protocol theretofor the Protection of Human Rights and Fundamental Freedoms,
Amendment 38 #
2015/2095(INI)
Motion for a resolution
Citation 44 a (new)
Citation 44 a (new)
- having regard to the work, reports and resolutions of the Council of Europe,
Amendment 48 #
2015/2095(INI)
Motion for a resolution
Citation 52
Citation 52
Amendment 49 #
2015/2095(INI)
Motion for a resolution
Citation 53
Citation 53
Amendment 50 #
2015/2095(INI)
Motion for a resolution
Citation 54
Citation 54
Amendment 51 #
2015/2095(INI)
Motion for a resolution
Citation 55
Citation 55
Amendment 52 #
2015/2095(INI)
Motion for a resolution
Citation 56
Citation 56
Amendment 53 #
2015/2095(INI)
Motion for a resolution
Citation 57
Citation 57
Amendment 54 #
2015/2095(INI)
Motion for a resolution
Citation 58
Citation 58
Amendment 55 #
2015/2095(INI)
Motion for a resolution
Citation 60
Citation 60
Amendment 63 #
2015/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas according to Frontex data5 , in the first eleven months of 2015, 1.55 million persons were detected while attempting to cross irregularly the EU’s external borders, setting an unprecedented record compared to the 282 000 migrants who arrived in the EU in the course of the whole 2014; and whereas, according to IOM/UNICEF data, around 20 % of all migrants arriving by sea are children6 ; and whereas, according to the preliminary data available, the percentage of Syrians vary from 26% to 50% of all arrivals in the EU in 20156a ; and whereas a large number of counterfeit Syrian passports poses a serious challenge for proper identity checks; __________________ 5 Frontex news, http://frontex.europa.eu/news/number-of- migrants-arriving-in-greece-dropped-by- half-in-november-cITv3V. 6 IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf. 6aInternational Centre for Migration policy Development, http://www.icmpd.org/news-centre/2015- in-review-infographic/ ; Frontex, http://frontex.europa.eu/assets/Publicatio ns/Risk_Analysis/FRAN_Q3_2015.pdf
Amendment 81 #
2015/2095(INI)
Motion for a resolution
Subheading 1
Subheading 1
Article 80 TFEU – Solidarity and fair sharing of responsibility, including search and rescue obligations
Amendment 85 #
2015/2095(INI)
Motion for a resolution
Recital F
Recital F
F. whereas solidarity can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decismay be expressed in many different ways besides CEAS provisions such as financial assistance, human resources, equipment, training and other operational support measures and should be addressed at a global and universal level given the challenges with which Europe is not capable to cope alone; whereas voluntary relocations, operational support measures, financial support measures, a pro-active interpretation and implementation of the current Dublin Regulation and the Temporary Protection Directive are all tools for internal solidarity, while, voluntary resettlement, humanitarian admission and search and rescue at sea promote externaloperations at sea are all tools that can be used by the Member States to demonstrate their solidarity;
Amendment 124 #
2015/2095(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the abolishment of internal border controls must go hand-in-hand with the effective management ofand protection of the Union's external borders, with high common standards, effective exchange of information between Member States, and full respect for everyone’s fundamental rights;
Amendment 131 #
2015/2095(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the current Visa Code allows Member States to deviate from the normalstandard admissibility criteria for a visa application in exceptional cases with limited territorial validity ‘on humanitarian grounds’ (as defined in Articles 19 and 25);
Amendment 134 #
2015/2095(INI)
Motion for a resolution
Subheading 4
Subheading 4
Developing sustainable asylum policy that could include safe and lawful routes for asylum seekers and refugees into the EU, including the Union resettlement policy and corresponding integration policies
Amendment 140 #
2015/2095(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas the current migration crisis is a global challenge that requires a global action;
Amendment 146 #
2015/2095(INI)
Motion for a resolution
Recital M
Recital M
M. whereas safe and legal routes for refugees to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of new safe and lawful routes for asylum seekers and refugees to enter the EU, building on existing legislation and practices, wouldmay allow the EU and the Member States to have a better overview of the protection needs and of the inflow into the EU and to undermine the business model of the smugglers;
Amendment 157 #
2015/2095(INI)
Motion for a resolution
Recital O
Recital O
O. whereas individual Member States continue to develop intense external action on migration at the bilateral level; what is due to the lack of common action at the external level, and the large influx of asylum seekers and associated additional challenges;
Amendment 168 #
2015/2095(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas a functioning return policy through readmission agreements should be an integral part of cooperation with third countries;
Amendment 181 #
2015/2095(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the working-age population in the EU is projected to decline by 7.5 million by 2020; whereas projections on the development of labour market needs in the EU points to emerging and future shortages in specific fields; and whereas third-country nationals face many difficulties in obtaining recognition of their foreign qualifications, and therefore tend to be over-qualified for their jobs;
Amendment 185 #
2015/2095(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the current EU approach to labour migration is fragmented, with numerous directives focusing on specific categories of workers and of third-country nationals who are, under certain conditions, allowed to work; and whereas this approach can only serve to meet short- term, specific needs;
Amendment 188 #
2015/2095(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
R a. whereas legal migration for labour market needs, based on the principle of subsidiarity, is and should remain a national competence of the EU Member States;
Amendment 195 #
2015/2095(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented in many Member States; whereas implementation is essential in order to harmonise national laws and promote solidarity among Member Statesof existing rules is essential, and whereas Member States can seek supporting assistance from EASO to meet the standards required by the CEAS; whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;
Amendment 209 #
2015/2095(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the current mechanisms of the Dublin system have sometimes failed to be objective, to establish fair criteria for allocating responsibility for applications for international protection and to provide swift access to protection; whereas the system is not being effectively applied in practice, and explicit derogations have been adopted with two Council decisions on temporary relocation; and whereas the Commission has announced a proposal for a proper revision of the Dublin III Regulation by March 2016;
Amendment 219 #
2015/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that solidarity must be the principle upon which Union action on migration is based; notes that the principle of solidarity, as set out in Article 80 TFEU, covers asylum, immigration and border control policies; takes the view that Article 80 provides a legal basis ‘jointly’ with Articles 77-79 TFEU to implement the principle of solidarity in those areas; acknowledges that solidarity as a principle must be voluntary, taking into account each Member States capacity and available resources to participate in joint efforts;
Amendment 237 #
2015/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the saving of lives is an act of solidarity with those at risk, but that it is also moral and a legal obligation under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea;
Amendment 244 #
2015/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that a permanent, robust and effective Union response in search and rescue operations at sea is crucial to preventing an escalating death toll of migrants attempting to cross the Mediterranean Sea;
Amendment 256 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety;
Amendment 349 #
2015/2095(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the process of relocation – that is to say, transferring an applicant for international protection, or a beneficiary of international protection, from one Member State to another – is a practical example of solidarity within the Union; recalls, in addition, that, since 2009, Parliament has been calling for a binding mechanism for the distribution of asylum seekers among all the Member States;
Amendment 370 #
2015/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that the establishment of urgentvoluntary relocation measures isagreed are a move in the right direction of mutual solidarity, and calls on Member States to fulfil their obligations with regard to thosee agreed measures as soon as possible;
Amendment 383 #
2015/2095(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, for the purposes of the Rrelocation Decisionsmeasures taken by the Council, relocation willmay cover only those nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months, on the basis of Eurostat data; notes that the Relocation Decisions will affect a relatively small number of people, and will leave out the large numbers of applicants originating from other third countries who cannot be relocated under those decisions;
Amendment 412 #
2015/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition to the criteria contained in the Relocation DecisionsCouncil Decisions on relocations from Italy and Greece, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to two other criteria, namely, the size of the territory of the Member State and the population density of the Member Statemust be reviewed, taking into account specific national circumstances, such as reception, absorption and integration capacity, labour market absorption capacity, historical factors and number of past migrants which goes beyond the 2010- 2014 timeframe laid down in the European Agenda on Migration;
Amendment 443 #
2015/2095(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that resettlement is one of the preferredn cooperation with UNHCR if a Member State so decides is one of options for granting safe and lawful access to the Union for refugees and those in need of international protection, where it is clear that in long term the refugees can neither return to their home countries nor receive effective protection or be integrated into the host country;
Amendment 450 #
2015/2095(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Observes, furthermore, that resettlement through the auspices of UNHCR is a well-established humanitarian programme, and is a useful tool for managing orderly arrivals of persons in need of international protection onto Member State territories; notes that Member States already now can choose to use this tool;
Amendment 456 #
2015/2095(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, givenNotes the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a binding and mandatory legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningful number of refugees, with regard to the overall numbers of refugees seeking international protection in the Union;
Amendment 470 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanentn Union-wide resettlement programme, with mandatovoluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;
Amendment 486 #
2015/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that humanitarian admission, which Member States can already choose to apply, can be used as a complement to resettlement in order to give urgent protection, often on a temporary basis, to the most vulnerable where needed, e.g. unaccompanied minors or refugees with disabilities;
Amendment 517 #
2015/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that further steps are necessary to ensure that the CEAS becomes a truly uniform system while respecting subsidiarity and proportionality principles;
Amendment 524 #
2015/2095(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that a comprehensive assessment (in the form of the Commission’s evaluation reports) of the implementation of this package, followed by a speedy follow-up in case implementation is unsatisfactory in certain Member States, is absolutely necessary in order to improve harmonisationswift processing of asylum applications and returns;
Amendment 549 #
2015/2095(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to its implementation, fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced in crisis situations by Member States situated at the Union’s external borders; believes that the European Union needs to accept the on-going difficulties with the Dublin logic, and to develop options for solidarity both among its Member States and the migrants concerned; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 567 #
2015/2095(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Rrelocation Decisions are based should bs of asylum seekers from Italy and Greece were based should be further evaluated before they are built directly into the Union’s standard rules for voluntary allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘applicants in clear need of international protection’, since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;
Amendment 584 #
2015/2095(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes the view that the European Union should support the frontline Member States having external borders as well as those Member States receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhance the quality and functioning of the CEAS;
Amendment 590 #
2015/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 610 #
Amendment 614 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 641 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; notes that refugees have not only rights but also obligations towards the hosting Member State; emphasises that integration is a two- way process and that respect for the values upon which the EU isand its Member States are built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 652 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Emphasises that those granted asylum in an EU Member State should fully respect the principles, values, rules and laws of the Union and the Member State that has granted international protection;
Amendment 688 #
2015/2095(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reaffirms that better recognition of foreign qualifications is one practical way of ensuring that those third-country nationals already present in the Union can integrate better, and calls on the Commission to come forward with appropriate proposals in that regard; notes however the high number of unemployment among EU citizens in several Member States; points out that as of November 2015 the youth unemployment rate across all the Member States stood at 20%;
Amendment 713 #
2015/2095(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification in full respect of the national legislation;
Amendment 742 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. UnderstandEmphasises that the safe and swift return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;
Amendment 754 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, only 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is an urgent need to improve the effectiveness of the Union’s return system;
Amendment 875 #
2015/2095(INI)
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. Acknowledges that without strong and well protected Union's external borders there is no possibility to ensure safety within and fully implement CEAS;
Amendment 901 #
2015/2095(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. AcceptEmphasises that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons;
Amendment 964 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need and identify those who do not qualify for international protection; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 995 #
2015/2095(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Points out that the Global Approach to Migration and Mobility (GAMM) pillar on asylum and international protection should be developed further, with greater involvement of third countries; notes that current actions in this field, under Regional Protection Programmes (RPPs) or Regional Development and Protection Programmes (RDPPs), focus on capacity building to tackle criminal smuggling and human trafficking networks within third countries of origin and transit; notes, at the same time, that the voluntary resettlement component of these programmes continues to be weak; believes that capacity-building efforts and resettlement activities should be stepped up and carried out together with third countries hosting large refugee populations;
Amendment 1077 #
2015/2095(INI)
Motion for a resolution
Paragraph 89 a (new)
Paragraph 89 a (new)
89a. Acknowledges that tackling the 'push factors' is a global responsibility and cannot be seen solely as the responsibility of the European Union, while the Union must still do its utmost to address root causes;
Amendment 1093 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe and the rest of the world looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there;
Amendment 1112 #
2015/2095(INI)
Motion for a resolution
Paragraph 95
Paragraph 95
95. Recommends that, in line with the GAMM, the four thematic pillars addressing (i) legal migration and mobility, (ii) irregular migration and trafficking in human beings, (iii) international protection, and (iv) the development impact of migration should be of equal importance in Union external policy and funding; stresses that funding to third countries under various programmes should be assessed in light of their respect to the EU's efforts of migration management - including developing their asylum systems and facilitating returns of their citizens;
Amendment 1180 #
2015/2095(INI)
Motion for a resolution
Paragraph 109
Paragraph 109
109. Points out that the Europe 2020 strategy has identified the need for a comprehensive labour migration policy, and for better integration of migrants, in order to meet the Union’s goals for smart, sustainable and inclusive growth; this should be done in full respect of the principle of subsidiarity;
Amendment 1206 #
2015/2095(INI)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Calls for a comprehensive vision of the labour market in the Union as a necessary pre-condition for the development of labour market policies; pPoints out that it is necessary to develop tools for identifying and forecasting present and future labour market needs in the UnionMember States in a better way; suggests, in that regard, that existing tools – such as those developed by the European Centre for the Development of Vocational Training (CEDEFOP) or the OECD – could be improved upon, and even merged, with international statistics on potential labour supply from third countries in order to provide a more accurate picture of the situation;
Amendment 1239 #
2015/2095(INI)
Motion for a resolution
Paragraph 121
Paragraph 121
121. Believes, moreover, that it is clear that the directive should focus not just on the highly-qualified, but also on targeted high- qualification occupations where there are proven labour shortages; believes, in addition, that the revision of the Blue Card should be both ambitious and targeted, and should seek to remove the inconsistencies of the existing directive, particularly as regards parallel national schemes; recommends that thought be given to revising the scope to include those third- country nationals who could help tackle the gaps identified in EU labour markets;
Amendment 473 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the exchange of information between the law enforcement authorities in the Member States; stresses that stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role of European Union agencies, such as Europol and Eurojust, Eurojust and the establishment of the European Public Prosecutor´s office as a matter of urgence;
Amendment 659 #
2015/2063(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Underlines that money laundering, tax evasion and other fiscal crimes are in some cases major sources of terrorism funding which threaten our internal security, therefore tracking and combating crimes affecting the financial interests must be a priority;
Amendment 30 #
2015/2062(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas it is essential to guarantee satisfactory detention conditions in all Member States;
Amendment 52 #
2015/2062(INI)
Motion for a resolution
Recital G
Recital G
G. whereas imprisonment, including pre-trial detention, should be used only in well-justified cases of serious crimes and alternative sanctions should be prioritised in the case of prisoners who do not present a serious danger to society, thus keeping them in an open environment and giving them better access to social services, care and reintegration;
Amendment 59 #
2015/2062(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 66 #
2015/2062(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, considering the difficult and delicate nature of their activity, continuous training of prison staff, the sharing of best practices and an increase in staffing levels among them are essential to ensure good detention conditions in prisons;
Amendment 81 #
2015/2062(INI)
Motion for a resolution
Recital L
Recital L
L. whereas radicalisation is occurring in many prisons in the European Union and several terrorists who recently committed attacks on European soil were recruited while serving prison sentences; whereas prison jihadist recruitment is a particularly worrying phenomenon because of easier links to criminal networks;
Amendment 104 #
2015/2062(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States to strengthen their judiciary systems and invest in training for judges;
Amendment 155 #
2015/2062(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that remand in custody must remain a measure of last resort, to be used in cases where it is strictly necessary and for the shortest possible period of time; deplores the fact that in many Member States in practice remand is used systematically, which, combined with poor prison conditions, may constitute a violation of the fundamental rights of prisoners; Considers that solving the problem of the overuse of pre-trial detention needs innovative solutions, including through the modernization of criminal code procedures and strengthening the judiciary;
Amendment 164 #
2015/2062(INI)
6. Encourages Member States to adopt non-custodial measures as an alternative to detention and calls on them to ensure that, in addition to the punitive aspect of imprisonment, attention is also devoted to more educational and social aspects, in order to enable punishment to be managed better, make a success of social reintegration and reduce recidivism; draws attention in this connection to the good practices which exist in the Scandinavian countries; considers that, in order to be effective, the introduction of new, non- custodial measures should be accompanied by other measures such as penal, educational and social reforms;
Amendment 190 #
2015/2062(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to provide for adequate healthcare services and appropriate medical facilities for prisoners;
Amendment 192 #
2015/2062(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Member States to provide appropriate education facilities for juveniles in prison;
Amendment 232 #
2015/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to combat the growing phenomenon of radicalisation in prison; considers that better mentoring, more psychiatric care or exchanges with people who have renounced jihad is essential in the fight against radicalization;
Amendment 3 #
2015/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission's criteria, highlighting the fact that multiannual programmes and thethe challenges Member States face are of long- term nature of the challenges facing Member Statand that the multiannual programmes financed by ESI funds meant to address these challenges require certainty and permanence, and that frequent reprogramming should therefore be avoided and stability preferred in order to reinforce the predictability and credibility of ESI fund programmes;
Amendment 7 #
2015/2052(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the need for EU ESI fund financing to be supported by sound economic policies that can efficiently address new social and economic challenges when they emerge;
Amendment 11 #
2015/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact thatCalls on the Commission to use the mechanism of reprogramming or suspension as regulated in Article 23 of the Common Provisions Regulation (CPR) could undermine social and economic convergence between regions and jeopardise goals pursued by ESI funds, especially in countries with deep macroeconomic and social imbalances; asks the Commission to use the mechanism only when Member States have persistently failed to take effective action to address its requests to reprogramme funding and giving due consideration to the unemployment rate or the impact on the economies of the Member States concernedonly in cases where there is strong evidence that reprogramming could have a considerable direct impact on the correction of the challenges identified in the relevant Council recommendations;
Amendment 24 #
2015/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to be extremely cautiouscareful in applying the first strand of Article 23 of the CPR to all programmes coming under any of the thematic objectives of the ESI Funds, in particular thematic objectives (8), (9) or (10), or the employment and social targets of the Europe 2020 Strategy, to ensure that social cohesion is not undermined; asks the Commission to be strictly committed to applying the ESF minimum share provided for in Article 92(4) of the CPR;
Amendment 31 #
2015/2052(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to avoid any suspension of commitments orhat when making recourse to the suspension of payments provided for in the second strand of Article 23 of the CPR where, it should take proportionate measures and consider the economic and social circumstances of the Member State concerned and should exercise caution in cases when Member States are involved in any of the situations described in sub-paragraphs (a) to (e) of paragraph 1 of Annex III to the CPR;
Amendment 37 #
2015/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to avoid arbitrariness in applying Article 23 of the CPR, to devise a transparent and democratic decision- making process, in line with Article 23(15) of the CPR, and to allow Parliament, on the basis of a formalised process, to be informed at all stages of the adoption of reprogramming requests or of any proposals and decisions on suspension of commitments or payments.;
Amendment 42 #
2015/2052(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission, not to apply suspension to such programmes that should be strengthened in the course of adaptation.
Amendment 37 #
2015/2003(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
– having regard to nine rounds of talks from 2002 to 2010 between high ranking representatives of the Chinese government and the Dalai Lama,
Amendment 38 #
2015/2003(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
– having regard to ‘Tibet’s Path of Development Is Driven by an Irresistible Historical Tide’, China’s White Paper on Tibet, published by China’s State Council Information Office, 15 April 2015,
Amendment 40 #
2015/2003(INI)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
– having regard to the 2008 Memorandum and the 2009 Note on Genuine Autonomy both presented by the Representatives of the 14th Dalai Lama,
Amendment 257 #
2015/2003(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is concerned that China will extend government's control over civil society via upcoming NGO regulations by banning non-registered NGOs "from overseas" to fund Chinese individuals or organisations, and vice versa by prohibiting Chinese groups from conducting "activities" related to non- registered NGOs;
Amendment 298 #
2015/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the urgency of environmental protection measures, bearing in mind, for example, that in 2014 only eight out of 74 major cities reached the national standard of PM 2.5 air pollution concentrations; warns that the double water crisis (massive pollution combined with increased water usage) could cause major political and social instability; welcomes the fact that under the new environmental protection law local cadres are accountable, also retroactively, for environmental damage caused during their tenure; is deeply concerned about the destruction of Tibet's environment as a result of China's policies of fast-track development in the region since 1999, underlines in this respect that the Tibetan plateau is warming twice as fast as the rest of the world, which may cause the melting of Tibet's estimated 46,000 glaciers;
Amendment 305 #
2015/2003(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Observes that in recent years China's anti-terrorism policy has evolved rapidly from a somewhat reactive ‘defence against terror' approach to a proactive ‘war on terror', along with permanent ‘crisis management' entailing action to an unprecedented extent in affected regions and in society; is concerned about the upcoming Chinese law on 'counter- terrorism', which may lead to further violations of human and freedom rights, especially in Tibet and Xinjiang as regions with minority populations;
Amendment 321 #
2015/2003(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the restriction placed on EU Member States diplomats and media to travel freely in China including Tibetan and Uyghur inhabited areas, whilst the Chinese diplomats and journalists enjoy free access across the EU Member States;
Amendment 394 #
2015/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a strong contradiction exists between the official Chinese aspiration to the universality of human rights and the worsening human rights situation; notes that the recent worsening of the situation of human and freedom rights in China has started in 2013; is worried that the situation will become even worse with Chinese laws foreseen to be adopted in 2015 on 'counter-terrorism', 'national security' and NGOs;
Amendment 419 #
2015/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Criticises the fact that in China freedom of religion is not a right, but a matter for the state, which sets the limits of what is permissible; supports the resistance of Chinese churches against the government's renewed strategy of ‘sinicisation' of Christianity; condemns, in particular, the ongoing anti-Christian campaign in the province of Zhejiang, during which dozens of churches were demolished and more than 400 crosses removed in 2014; shares the concerns of churches about other provinces where there is a strong Christian presence; condemns moreover anti-Buddhism campaigns via the "patriotic education" approach, including measures to state-manage Tibetan Buddhist Monasteries, condemns "legal education" programmes for Buddhist monks and nuns; cannot understand and accept a ban on images of the Dalai Lama in China; is concerned that China's Criminal Law is being abused to persecute Tibetans and Buddhists, sees its concerns confirmed as monks and nuns make over 40% of the political prisoners in Tibet;
Amendment 444 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. is deeply concerned that the Chinese government continues its hard-line policies against the Tibetan people, especially by rejecting the Dalai Lama's "Middle Way Approach" and to defame it as a separatist strategy as recently happened in the official Chinese 'White Paper on Tibet of April 2015'; strongly underlines and supports the Middle Way Approach which seeks neither independence nor separation from the People's Republic of China; emphasises that the Middle Way Approach calls for genuine autonomy for the Tibetan people within the framework of the Constitution of the People's Republic of China;
Amendment 446 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is deeply concerned that Lama Tulku Tenzin Delek Rinpoche, imprisoned since 2002 for 20 years, died on 13 July 2015 due to denial of access to medical care; is deeply concerned that 10 other prominent Tibetan prisoners also died due to such reasons and as a result of torture in 2014; demands a detailed investigation of all these death cases;
Amendment 451 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is deeply concerned about the fact that over 142 Tibetans have resorted to self-immolations to protest against the suppression of the Tibetan people; rejects any linkage between self-immolations and terrorism, as no Chinese citizen has ever been injured by such dramatic and desperate acts;
Amendment 452 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Strongly condemns any kind of state measures which aim to collectively punish people associated with self-immolators - such as friends, colleagues, families or entire villages - as violations of international law, which clearly bans collective punishment;
Amendment 455 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Is deeply concerned about the forceful re-settlement of more than 2 million Tibetan nomads and herdsmen since 2006 to 'New Socialist Villages', as they are cut off from medicare, education and prosperity; is deeply concerned about the continued transfer of Han Chinese population into Tibet as well as the state goal to increase the population in Tibet by 30 percent till the end of 2020;
Amendment 461 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Highly recommends and urgently calls on China to resume the currently stalled Sino-Tibetan Dialogue as the best political instrument to achieve a mutual and realistic solution for the current instability in Tibet; is extremely worried that the current tensions may lead to an even worse situation in the near future;
Amendment 177 #
2015/0310(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 230 #
2015/0310(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders, thus also ensuring the proper functioning of the Schengen area, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner but can rather, because of the absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguard a high level of internal security within the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 233 #
2015/0310(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) As regards Bulgaria, Romania and Croatia, this Regulation constitutes a development of the Schengen acquis in which these Member States take part in accordance with their Accession Treaties. Bulgaria, Romania and Croatia therefore take part in the adoption of this Regulation and are bound by it and subject to its application.
Amendment 323 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.
Amendment 333 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area.
Amendment 350 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and risk analysis centre with the capacity to monitor security threats to the external borders of the EU including migratory flows and to carry out risk analysis as regards all aspects of integrated border management;
Amendment 447 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses, inter alia, the migratory flows towards the Union.
Amendment 464 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall ensure regular monitoring of the management of the external borders, if necessary, through liaison officers of the Agency in Member States.
Amendment 498 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control, as well as the challenges and threats in the effective management of borders that Member States are faced with and their ability to respond to these. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 517 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 519 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The Member States may provide written comments to the vulnerability assessment if they deem so; these written comments shall be attached to the vulnerability assessment.
Amendment 524 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment, together with the written comments of the Member States if available, shall be submitted to the Supervisory Board, which shall advise the Executive Director on the measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 559 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall finance or co- finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the Agency.
Amendment 649 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency, may adopt a decision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).
Amendment 741 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point f
Article 26 – paragraph 1 – point f
(f) finance or co-finance the operations, interventions and activities referred to in this Chapter with grants from its budget, in accordance with the financial rules applicable to the Agency.
Amendment 750 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In accordance with Directive 2008/115/EC, and without entering into the merits of return decisions, the Agency shall provide the necessary assistance and, at the request of one or several participating Member States, ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations. The Agency may, on its own initiative, propose to Member States to coordinate or organise return operations, including through the chartering of aircraft for the purpose of such operations.
Amendment 852 #
2015/0310(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The Agency shall assist the Member States and the Commission in identifying key research themes. The Agency shall assist Member States and the Commission in the definition and accomplishment of the relevant Union framework programmes for research and innovation activities.
Amendment 110 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 4 a (new)
Article 7 – paragraph 2 – subparagraph 4 a (new)
Paragraph 2 shall not apply, on entry and exit, to persons enjoying the right to free movement under Union law when crossing external borders that are borders shared between different parts of the Union to which Union law on free movement applies in accordance, in particular, with Directive 2004/38/EC.
Amendment 79 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
(d) information about departure and arrival.
Amendment 31 #
2015/0009(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Comprehensive action is required to reverse the vicious circle created by a lack of investment. Structural reforms and fiscal responsibility are necessary preconditions for stimulating investment. Along with a renewed impetus towards investment financing, these preconditions can contribute to establishing a virtuous circle, where investment projects help supportgenerate employment and, increase demand and lead to a sustained increase in growth potential.
Amendment 43 #
2015/0009(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Throughout the economic and financial crisis, the Union has made efforts to promote growth, in particular through initiatives set out in the Europe 2020 strategy that put in place an approach for smart, sustainable and inclusive growth. The European Investment Bank ('EIB') has also strengthened its role in instigating and promoting investment within the Union, partly by way of an increase in capital in January 2013. Further action is required to ensure that the investment needs of the Union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects that generate economic growth and employment.
Amendment 81 #
2015/0009(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The EFSI should support strategic investments with high economic value added contributing to achieving Union policy objectives, with a special regard on the employment, innovation, education, social inclusion and climate/energy objectives from the Europe 2020 strategy.
Amendment 120 #
2015/0009(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The EFSI should be complementary to other existing financial instruments of the EU but should target projects with a higher risk-return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should finance projects across the Union, including in the countries most affected by the financial crisis. The EFSI should only be used where financing is not available from other sources on reasonable terms.
Amendment 131 #
2015/0009(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The EFSI should target investments that are expected to be economically and technically viable, following EFSI support and which may entail a degree of appropriate risk, whilst still meeting the particular requirements for EFSI financing.
Amendment 163 #
2015/0009(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Provided that all relevant eligibility criteria are fulfilled, including state aid rules and financing ceilings, Member States may use European Structural Investment Funds to contribute to the financing of eligible projects that are supported by the EU guarantee. The flexibility of this approach should maximise the potential to attract investors to the areas of investment targeted by the EFSI.
Amendment 166 #
2015/0009(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In accordance with the Treaty on the Functioning of the European Union, Infrastructure and project investments supported under EFSI should be consistent with State aid rules. To that end, the Commission has announced that it will formulate a set of core principles, for the purpose of State aid assessments, which a project will have to meet to be eligible for support under the EFSI. If a project meets these criteria and receives support from the EFSI, the Commission has announced that any national complementary support, will be assessed under a simplified and accelerated State aid assessment whereby the only additional issue to be verified by the Commission will be the proportionality of public support (absence of overcompensation), including cases when EFSI supported projects would also receive financing from Structural and Cohesion Funds. The Commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public funds.
Amendment 171 #
2015/0009(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The EIB should regularly evaluate activities supported by the EFSI with a view to assessing their relevance, performance and economic and social impact and to identifying aspects that could improve future activities. Such evaluations should contribute to accountability and analysis of sustainability.
Amendment 187 #
2015/0009(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Within the Union, there are a significant number of potentially viable projects that are not being financed due to a lack of certainty and transparency with respect to such projects. Often, this is because private investors are not aware of the projects or have insufficient information to make an assessment of the investment risks. The Commission and the EIB, with supportbased on proposals from the Member States, should promote the creation of a transparent pipeline of current and future investment projects in the Union suitable for investment. This 'project pipeline' should ensure that information is made publicly available regarding investment projects on a regular and structured basis to ensure that investors have reliable information on which to base their investment decisions.
Amendment 196 #
2015/0009(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To ensure accountability to European citizens, the EIB should regularly report to the European Parliament and the Council on the progress and economic and social impact of the EFSI.
Amendment 283 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) development of infrastructure, including in the areas of transport, particularly in industrial centres; energy, in particular energy interconnections; and digital infrastructure;
Amendment 309 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Provided that all relevant eligibility criteria are fulfilled, including state aid rules and financing ceilings, Member States may use European Structural and Investment Funds to contribute to the financing of eligible projects in which the EIB is investing with the support of the EU guarantee.
Amendment 315 #
2015/0009(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission and the EIB, with supportbased on proposals from the Member States, shall promote the creation of a transparent pipeline of current and potential future investment projects in the Union. The pipeline is without prejudice to the final projects selected for support according to Article 3(5).
Amendment 331 #
2015/0009(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) an assessment of the added value, the mobilisation of private sector resources, the estimated and actual outputs, outcomes and economic and social impact of EIB financing and investment operations, including the number of newly created jobs, at an aggregated basis;
Amendment 12 #
2014/2254(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the Council of Europe's Framework Convention for the protection of national minorities and the European Charter for Regional or Minority Languages;
Amendment 15 #
2014/2254(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the Council Directive 2000/43/EC of June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,
Amendment 57 #
2014/2254(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its resolution of 8 June 2005 on the protection of minorities and anti-discrimination policies in an enlarged Europe;
Amendment 62 #
2014/2254(INI)
Motion for a resolution
Citation 25 b (new)
Citation 25 b (new)
– having regard to its resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union;
Amendment 123 #
2014/2254(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, under Article 6 TEU, the EU has a responsibility to uphold and enforce fundamental rights in any action it takes, regardless of its powers in the area concerned; whereas Member States are also encouraged to do the same;
Amendment 139 #
2014/2254(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas article 22 of the Charter of Fundamental Rights of the European Union obliges the Union to "respect cultural, religious and linguistic diversity",
Amendment 142 #
2014/2254(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas Roma, the largest ethnic minority in Europe, continue to be the victims of severe discrimination, racist attacks, hate speech, poverty and exclusion;
Amendment 148 #
2014/2254(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas fundamental freedoms, human rights and equal opportunities shall be provided for all citizens of the European Union including persons belonging to national and linguistic minorities;
Amendment 402 #
2014/2254(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the fact that even today people belonging to minorities are still victims of discrimination; calls for more consistency of the European Union in the field of minority protection; strongly believes that all Member States as well as candidate countries shall be bound by the same principles and criteria in order to avoid the application of double standards; Calls therefore, as a part of resolving the so- called Copenhagen dilemma, for the establishment of an effective mechanism to monitor and ensure fundamental and acquired rights of national and linguistic minorities both in candidate countries and in countries already admitted to the European Union;
Amendment 448 #
2014/2254(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Member States to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 470 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that the European Union has to be an area where respect for ethnic, cultural and linguistic diversity prevails; invites the EU institutions to elaborate a comprehensive EU protection system for national, ethnic and linguistic minorities in order to ensure their equal treatment, taking into account the relevant international legal standards and existing good practices;
Amendment 477 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Commission and the FRA to take targeted actions to monitor the situation of traditional national minorities in the EU by systematic collection of specified data and reporting;
Amendment 485 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Reiterates that Member States should take adequate measures to promote equal treatment of all EU citizens, including traditional national minorities;
Amendment 491 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Condemns all forms of discrimination on grounds of language use; calls on those Member States who have not yet done so to ratify and effectively implement the European Charter for Regional or Minority Languages;
Amendment 493 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10e. Urges the European Union and the Member States to intensify their efforts to guarantee that the fundamental rights of all Roma in the EU are respected; urges the Member States to invest more effort in the design and selection of sustainable and ambitious Roma integration projects;
Amendment 34 #
2014/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the use of different uniforms alongside the Frontex emblem during the Frontex operations could makes it difficult for individuals to identify under whose authority an officer falls and, ultimately, where to file a complaint - whether with Frontex or directly with the Member State concerned;
Amendment 36 #
2014/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States or their officials; whereas the principle of subsidiarity should be respected within a request to FRONTEX to set up a Follow-up mechanism for complaints within the Member States' responsibility;
Amendment 38 #
2014/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Frontex has already established an incident reporting system which involves the Frontex operations teamdivision, the Frontex legal teamunit and the Frontex Fundamental Rights Officer, with the ultimate decision being taken by the Frontex Executive Director; whereas this system only involves internal complaints received from Frontex staff and guest officers, and consequently does not cater for direct complaints by individuals who claim a breach of their fundamental rights;
Amendment 40 #
2014/2215(INI)
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas it is noted that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 50 #
2014/2215(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
1. Acknowledges and appreciates FRONTEX' extraordinary support of the Member States at the EU's external borders in coordinating the mass influx of migrants during the current migration crisis; welcomes the engagement of FRONTEX to further support the Member States by contributing to the newly installed hotspots and by better coordinating return decisions;
Amendment 53 #
2014/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’'s efforts in taking on board 12 of the Ombudsman’s recommendations's 13 recommendations and notes that Frontex did not categorically refuse to implement the recommendation on the complaints mechanism; acknowledges Frontex’'s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;
Amendment 57 #
2014/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. SupportNotes the recommendation by the European Ombudsman that Frontex should deal with individual, non-anonymous complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriathe complaints mechanism;
Amendment 63 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, Frontex is in need of might require a mechanism that is capable of processing individual, non-anonymous complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;
Amendment 69 #
2014/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an more effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that wcould otherwise remain undetected, unreported and unresolved;
Amendment 74 #
2014/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressNotes that under the Frontex regulation there arppears to be no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-would be compliant with the principle of good administration and undermineswould add to the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;
Amendment 81 #
2014/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; rRecalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 86 #
2014/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; stresses that under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States and their officials; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 88 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. StressNotes the need for an official central structure within Frontex for the processing of individual complaints; notes that such a mechanism can only be realised under the condition that Frontex is provided with the necessary staff and budgetary resources; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; recalls that Frontex can only cooperate with Member States on the follow-up of complaints falling under the Member States' authority, but does not have executive powers in the Member States and no authority to sanction Member States and their officials;
Amendment 103 #
2014/2215(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement unless compelled legally to do so;
Amendment 106 #
2014/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaintsncrete and founded complaints which are based on a direct violation of concrete of the fundamental rights violationas protected by the EU Charter of fundamental rights should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 119 #
2014/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submitinitiate a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 127 #
2014/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that potential complaints may in manycertain cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem;
Amendment 137 #
2014/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it cruciauseful to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 140 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer shcould, in relevant cases and in close cooperation with the relevant Frontex operational teamdivision, contribute to investigations by national authorities by providing further information on the incident if necessary;
Amendment 142 #
2014/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; rRecalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;
Amendment 145 #
2014/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that a justificationFrontex should be provided to the complainant should no follow-up procedure be initiated by Frontexwith the contact details of the responsible national authority;
Amendment 148 #
2014/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure may also apply to seconded guest officers and seconded national experts if the relevant Member State agreesfinds it to be the best solution; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 158 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibilityno prejudice in terms of withdrawing financial support from the Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudiceultimately the termination of an operation should come by this mechanism to the overall aim of the Frontex mission whereby the saving of lives is envisaged;
Amendment 167 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’' right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check of the complaints;
Amendment 175 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resourcesthe Member States and the European Commission to provide Frontex with the necessary additional resources to be allocated to the Fundamental Rights Office for handling the complaints received;
Amendment 183 #
2014/2215(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow where appropriate the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman while keeping in mind that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 4 #
2014/2208(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Strongly condemns the withdrawal of the circular economy legislative package, the provisions of which would have contributed to creating up to 180 000 jobs in the EU waste management sector alone and urges the Commission to present a new and improved legislative package as soon as possible;
Amendment 11 #
2014/2208(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. StrPoints out the fact that the environmental services ses that thector showed strong resilience even in the years of the economic crisis and stresses that a well- developed circular economy has the potential to generate millions of new jobs across Europe;
Amendment 56 #
2014/2208(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to put in place a regulatory environment and, fiscal incentives and voluntary schemes that encourage the development of a circular economy, such as reducing or lifting taxation on renewable resources, including labour, and differentiating VAT rates in accordance with the waste hierarchy.
Amendment 12 #
2014/2160(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Member States and the Commission to take steps to combat all forms of discrimination in the labour market, including those against women, and to adopt social protection measures in order to ensure that women’s pay and welfare entitlements, including pensions, are not lower thanequal to those of men doing the same job;
Amendment 49 #
2014/2160(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to guarantee a return to work for women after pregnancy and maternity leave, to safeguard their maternity entitlements, and to take measures to prevent the unfair dismissal of employees during pregnancy and protect women and men with care responsibilities from unfair dismissal;. Emphasizes that studies show that women work longer for the same employer if they are granted the same career and family planning opportunities as men.
Amendment 59 #
2014/2160(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that occupational and sectoral segregation of the labour market remains a factor in determining the gender pay gap; also stresses that wdomen`s jobs, particularly domestic workers and careers, arestic work, be it as a professional occupation or as private household work, is consistently undervalued;.
Amendment 151 #
2014/2059(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Highlights the rising number of workers, particularly young people, departing their countries of origin for other Member States in search of employment opportunities, and is deeply concerned about the persistent divergences between those Member States creating employment and those supplying a low-cost labour force; uUrges the Commission to develop a better legal framework for cross-border movement of workers in order to ensure freedom of movement while consecrating the principle of equal treatment and safeguarding wages and social standards; calls for the establishment in each Member State, either by law or through collective bargaining, of a minimum wage equivalent to at least 60 % of the respective national average wage;
Amendment 220 #
2014/2059(INI)
Draft opinion
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a.Calls on Member States, taking note of the Council recommendation from 9 and 10 December 2013 on effective Roma integration measures in the Member States, to implement long-term, targeted and integrated measures for reducing the level of social and economic marginalization of Roma communities, especially through the adoption of measures for their integration in the labour market, including through strengthened links between social assistance and activation, and through the increase of school attendance by Roma children and the reduction of early school leaving;
Amendment 815 #
2014/0100(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. For the purposes of this Regulation, a product shall be regarded as bearing terms referring to organic production where, in the labelling, advertising material or commercial documents, such a product, its ingredients or feed materials are described in terms suggesting to the purchaser that the product, its ingredients or feed materials have been obtained in accordance with this Regulation. In particular, the terms listed in Annex IV, or their equivalents in other languages that, while not being official languages of the Union, their status is officially recognised by the constitution of a Member State; their derivatives or diminutives, such as ‘'bio' and 'eco', alone or combined, may be used throughout the Union [and in any language listed in that Annex] for the labelling and advertising of products referred to in Article 2(1) which comply with this Regulation.
Amendment 6 #
2013/2113(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that new environment policy initiatives at EU level should be preceded by solid impact assessments focusing on employment and labour market opportunities and changes;
Amendment 8 #
2013/2113(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Member States should support initiatives that facilitate the development of sectors with high employment potential and, in particular, that aid in the transformation towards a sustainable economy and the creation of green jobsjobs in the low-carbon industry;
Amendment 18 #
2013/2113(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that improved implementation of EU legislation on waste will contribute to economic development, and thus to job creation; stresses that recycling – a labour- intensive sector – can be an important source of jobs and should be favoured in the revised EU waste framework;
Amendment 22 #
2013/2113(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. StresseRecalls that the innovations currently taking place in plastics production (not least in the field of nanotechnology) and their impact on the management of plastic waste could raise new challenges to health and safety at work, and calls on the Commission to consider these challengerisks in future action on plastic waste and its processing;
Amendment 27 #
2013/2113(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the fact that appropriate levels of training and skills are needed for eco-innovations to flourish, and for EU waste legislation to be implemented correctly; recalls, in this context, that the European Social Fund could also be helpful in preparsatisfying the labour force for an increased demand for green jobsdemand for jobs in the low-carbon industry.
Amendment 3 #
2013/2111(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the right to social security is a fundamental human right which is in accordance with the community law, national laws and practices and such is an integral part of the European social model; whereas the International Labour Organisation (ILO) has adopted recommendations on ‘national floors of social protection’ with the aim of safeguarding the right of every individual to social security and to a decent standard of living;
Amendment 11 #
2013/2111(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, to tackle the crisis, some of the Member States have made severe cuts in public expenditure just when social protection needed to be strengthened in response to a sudden rise in unemployment and, at the same time, national budgets for social security cover have been further squeezed as contributions have fallen in the wake of wide-scale job losses or wage cuts, thus placing the European social model at real risk;
Amendment 16 #
2013/2111(INI)
Motion for a resolution
Recital D
Recital D
D. whereas social protection coverage in some of the EU Member States is still inadequacould be better; whereas cases of vulnerable workers being abused in the EU are still commonplace and labour-market compartmentalisation, with widely varying levels of protection for different types of contract and job relationship, is a glaring reality, leading to social maladjustment and inequality;
Amendment 17 #
2013/2111(INI)
Motion for a resolution
Recital E
Recital E
E. whereas most traditional social security systems, and particularly social cover and labour law, are designed to safeguard the social and employment rights of people in employment, and there is thus a risk that with the changing naturenew forms of employment, and increasingly commonly where people ares for example in the case of self-employed people, new groups of workers willcould lack proper social protection;
Amendment 50 #
2013/2111(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls onEncourage the Member States to ensure core national social protection which, at a minimum, will safeguard the main sources of revenue in each country and guarantee access to basic social benefits, particularly in the event of illness, unemployment, maternity or disability, thus making it possible to combat poverty and social exclusion in the Member States; calls also onencourage the Member States to draw up strategies for the development of social security in line with the ILO's proposals;
Amendment 76 #
2013/2111(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls onEncourage Member States to take practical steps to combat poverty and social exclusion, including an appropriate minimum income and a social security system, in accordance with their own national practices (collective agreements or national legislation);
Amendment 88 #
2013/2111(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to review legislation on the coordinmonitor the implementation of social security systems and draws Member States' attention to the fact that mobile workers should not be subjected to discriminatory social protection rules aimed at curbing benefit abuses; believes that all mobile workers should enjoy the same social security entitlements and cover;
Amendment 94 #
2013/2111(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 99 #
2013/2111(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 108 #
2013/2111(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises the need for up-to-date, more detailed statistics to be made available for the purpose of monitoring and assessing the economic significance of self-employed workers and the various categories of self-employment, as well as their market share by sector, social group, age and sex;
Amendment 119 #
2013/2111(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to draw up a conceptual framework that willMember States to provide a legal definition of the nature and different forms of atypical employment in general and self-employment as its most widespread form, applying labour law and social protection measures in line with the various forms of employment and providing for the possibility of properly regulating social security for self-employed workers; also considers it appropriate to clearly identify false self- employment and to sanction employers if such cases are identified;
Amendment 140 #
2013/2111(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States and the Commission to make it compulsory for people wishing to become self-employed workers to be provided with appropriate information on the changes to their social protection and the labour law applicable to them that will arise from this change in status, as well as changes in other rights and obligations linked to their economic activity;
Amendment 31 #
2013/2078(INI)
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
– having regard to its report of 11 September 2013 on endangered European languages and linguistic diversity in the European Union (Texts Adopted, P7_TA(2013)0350),
Amendment 165 #
2013/2078(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern about the instances of violation of human dignity which are still occurring in the Union and in certain Member States, whose victims particularly include minoritiesindigenous, traditional ethnic communities and minorities that make up the population of a State, asylum-seekers, migrants, people suspected of having links with terrorism and people who are deprived of their freedom; stresses that the public authorities must abide by the absolute prohibition on torture and inhuman or degrading treatment, carry out swift, effective, independent in-depth investigations into any breach and prosecute those responsible;
Amendment 169 #
2013/2078(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses its concern about the fact that, in the practice of everyday life, members of indigenous, traditional, ethnic minority communities that make up the population of a State encounter obstacles in the administration of justice, health and social welfare provision, education and culture which are damaging to their dignity as human beings and citizens of the Union, and national authorities treat them as second- class citizens;
Amendment 280 #
2013/2078(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to draw up an EU plan, similar to the Roma strategy, for the protection of indigenous, traditional ethnic and linguistic minority communities, bearing in mind that they comprise more than 10% of the total population of the EU;
Amendment 340 #
2013/2078(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that the obligation to fulfil the Copenhagen Criteria did not lapse after accession but remains incumbent on the Member States; calls on the Commission, therefore, to devise a procedure for monitoring compliance with the Copenhagen Criteria by every Member State effectively and in a binding manner;
Amendment 109 #
2013/2045(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that particular attention should be paid to this in Member States which are preparing for the period 2014- 2020 and making use of the Structural Funds (including those which are to receive support from the European Social Fund) and in the planning of operational programmes under preparation at transnational level;
Amendment 129 #
2013/2045(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the involvement of all relevant stakeholders, including training and education providers, individual employers, public and private employment services, social partners, third-sector organisations, including those set up and operated by young people, and health and other authorities, is essential for the successful implementation of a variety of measures fostering youth employment and employability in an integrated fashion; emphasises that measures must be flexible so as to meet the continuously evolving needs on the labour market;
Amendment 152 #
2013/2045(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recommends that initiatives and measures be adopted to analyse regions where youth unemployment is low and study them to identify good practices and determine their applicability in regions where unemployment is higher;
Amendment 198 #
2013/2045(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to draw up further specific outreach strategies targeted on NEETs, which should combine effective forms of interventionvolvement aimed at tackling early school-leaving and the reintegration of early school-leavers with strategies facilitating a smooth transition from education to work, and an increase in the employability of young people, together with the removal of the practical and logistical barriers faced by young people with more complex needs;
Amendment 213 #
2013/2045(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the establishment of the Erasmus for All Programme and the creation of a separate chapter for youth as well as a separate budget allocation, together with increased support for those who are active in youth work but not in an institutionalised fashion; is of the opinion that acquiring more and different skills, also by studying abroad, will promote young people’s active participation in society and improve their prospects on the labour market; considers that the solutions, experiences and working methods observed there help to promote employment more effectively and successfully;
Amendment 261 #
2013/2045(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to ensure high-quality frameworks for traineeships, backed up by financial support and mandatory monitoring, as well as a common quality standard for traineeships and work placements; stresses that active promotion and awareness-raising in respect of such programmes is needed among entrepreneurs; encourages cooperation between Member States’ education and training institutions and between State and private enterprises and non- governmental organisations, greater partnership among them, constant contacts and exchanges of information concerning the traineeships on offer and concerning full-time and part-time employment opportunities; calls on Member States therefore to inform young workers by all possible means about opportunities for traineeships and employment in their region;
Amendment 303 #
2013/2045(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that the problem of the ‘brain wastedrain’ needs to be addressed, since havingif highly qualified and skilled young people working far below their potential put their specialist knowledge to use outside the EU Member States, this represulents in non-use of their actual skills and qualifications, while at the same tima significant loss not only to the Member States, which have invested substantial sums in training human resources (through education and training) but to the EU itself as well; considers therefore that the Member States and the EU should make efforts to ensure thaving negative effects on them in social and psychological termt young people are employed more effectively and that wages correspond to their specialist knowledge, so that they do not increase the competitiveness of other areas and countries;
Amendment 313 #
2013/2045(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to develop personalised career counselling and guidance, starting already during secondary school (or even, where possible, beginning during primary school), with the aim of enabling young people to make well- informed choices about their higher education, while introducing mechanisms that can monitor the opportunities offered and assess the success rate of those young people’s subsequent transition to work;
Amendment 1 #
2013/2040(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the Preamble and to Articles 2, 12, and 24 of the Convention on the Rights of the Child, adopted in 1989, which refer to non- discrimination, the right of the child to be heard, and the protection of maternal, infant and child health, in addition to developing family planning education and services,
Amendment 6 #
2013/2040(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the report of the Parliamentary Assembly of the Council of Europe (PACE) on Prenatal sex selection on 16 September 2011
Amendment 8 #
2013/2040(INI)
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
- having regard to Parliamentary Assembly of the Council of Europe (PACE) motion for resolution of 11 May 2010 on 'Sex-selective abortion – 'Gendercide'', inviting its Member States to 'condemn sex-selective abortion, wherever and whenever it occurs',
Amendment 9 #
2013/2040(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to Art. 168 (7) of the Treaty of the Functioning of the European Union stating that Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care;
Amendment 13 #
2013/2040(INI)
Motion for a resolution
Citation 26
Citation 26
– having regard to its resolutions of 29 September 19944 on the outcome of the Cairo International Conference on Population and Development, and 4 July 19965 on the follow-up to that Conference, and the numerous reservations expressed by States especially on the issue of SRHR and abortion,
Amendment 15 #
2013/2040(INI)
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
- having regard to its recommendation to the Council of 13 June 2013 on the draft EU Guidelines on the Promotion and Protection of Freedom of Religion or Belief (P7_TA(2013)027);
Amendment 17 #
2013/2040(INI)
Motion for a resolution
Recital A
Recital A
A. whereas sexual and reproductive rights are human rights, the violations of which constitute breaches of women's and girls' rights to equalitywomen and girls are entitled to enjoy equal opportunities, non- discrimination based on sex, dignity and health, and freedom from inhuman and degrading treatment;
Amendment 126 #
2013/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that in no case must abortion be promoted as a family planning method; and recalls that following internationally legally binding obligations every child regardless of sex has the right to appropriate legal protection before as well after birth;
Amendment 135 #
2013/2040(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. recalls that abortion is not mentioned in any internationally binding UN human rights treaty;
Amendment 217 #
2013/2040(INI)
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
23 e. recalls § 8.25 of the Programme of Action of the International Conference on Population and Development stating: "In no case should abortion be promoted as a method of family planning. (...) Prevention of unwanted pregnancies must always be given the highest priority and every attempt should be made to eliminate the need for abortion. Women who have unwanted pregnancies should have ready access to reliable information and compassionate counselling. Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process."
Amendment 23 #
2013/2009(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that, if this issue is a specialfic objective or priority within these programmes, or appears as a special horizontal priority, good practices will start to show up and measures will yield results at regional and/or local level;
Amendment 39 #
2013/2009(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Points out that in cases where it is not recognition itself is notthat is the main problem, but rather time taken to complete the proceshe protracted nature of the procedure necessary for recognition, this may give rise to a faulty start in the new host environment in the EU.
Amendment 48 #
2013/0409(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) In some Member States certain minor offences, in particular minor traffic offences, minor offences in relation to general municipal regulations and minor public order offences, are considered to be criminal offences. In such situations, it would be unreasonable to require that the competent authorities ensure all the rights under this Directive. Where the law of a Member State provides in respect of minor offences that deprivation of liberty cannot be imposed as a sanction, this Directive should therefore apply only to the proceedings before a court having jurisdiction in criminal matters.
Amendment 59 #
2013/0409(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Without prejudice to the right to a fair trial, in case of short term deprivation of liberty for less serious offences, Member States may provide in their legislation for the possibility to limit granting provisional legal aid to cases where this is required by the interests of justice. Whether this is the case shall be assessed by the competent authorities without undue delay upon the deprivation of liberty and at the latest before questioning.
Amendment 93 #
2013/0409(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Without prejudice to the right to a fair trial, in respect of minor offences: (a) where the law of a Member State provides for the imposition of a sanction by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed or referred to such a court; or (b) where deprivation of liberty cannot be imposed as a sanction; this Directive shall only apply to the proceedings before a court having jurisdiction in criminal matters. In any event, this Directive shall fully apply where the suspect or accused person is deprived of liberty, irrespective of the stage of the criminal proceedings.
Amendment 119 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Without prejudice to the right to a fair trial, in case of short term deprivation of liberty for less serious offences, and when this is not proportionate taking into account the interests of justice, paragraphs 1 and 2 shall not apply.
Amendment 73 #
2013/0027(COD)
Proposal for a directive
Article 2
Article 2
Member States shall not be prevented from adopting or maintaining provisions ensuring a higher level of security, without prejudice to their obligations under Union law, but such provisions must comply with the common minimum expectations applicable in this case which are enshrined in this Directive.
Amendment 87 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Each Member State shall draft its national NIS strategy within 12 months of the adoption and promulgation of this Directive. The national NIS strategy and the national NIS cooperation plan shall be communicated to the Commission within one month from their adoption.
Amendment 88 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
(3a) The Commission shall summarise the NIS strategies of all the Member States and forward them to all Member States in an organised form.
Amendment 89 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
(3b) Within six months after the adoption of this Directive, the Commission shall compile a guide to the structure of the NIS strategy. Its aim shall be to help Member States to draft and adopt documents with approximately the same structure.
Amendment 95 #
2013/0027(COD)
Proposal for a directive
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6a) The competent authority shall draw up an annual report to the ministry/state secretary responsible in the Member State concerned regarding the year’s activities and the extent to which it has proved possible to carry out the responsibilities created by the Directive. A financial account shall also be attached to the annual report.
Amendment 27 #
2012/2293(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Member States determine and organise the provision of social housing in parallel andprovide social housing in addition to the unplanned, market-based housing supply;
Amendment 79 #
2012/2293(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that, under Protocol No 26 to the Treaty on the Functioning of the European Union, public authorities are free to determine how the social housing sector is organised and funded and what its target group is, with a view to meeting local needs; sees the intervention of public authorities here as a response to the shortcomings of the market, with the aim of ensuring universal access to decent, affordable housing;
Amendment 84 #
2012/2293(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that, in combating child poverty, social housing policies play an important role through the eradication of family poverty and the prevention of the intergenerational transmission of disadvantage;
Amendment 92 #
2012/2293(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reminds the Member States and the Commission that spending on social housing enables urgent social need to be met and, as strategic social investment, helps in a sustainable way to provide non- relocatable local jobs, to stabilise the economy by preventingreduce the risk of property bubbles, to counter climate change and to combat energy poverty; calls on Member States and the Commission to bring social housing investment within the scheme of the European Semester by including in it an evaluation of targets for combating and preventing property bubbles;
Amendment 107 #
2012/2293(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the need for tighter monitoring of social investment as part of a social investment pact designed to strengthen the Union's economic and budgetary governance and including investment in social housing;
Amendment 137 #
2012/2293(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises how the social housing sector plays a contracyclical role, promoting economic recovery through support for the construction and renovation industries and the sustainable, non- relocatable local employment they provide, thanks notably to the labour-intensive nature of the sector, the development of green business as part of the local economy and the knock-on effects on the rest of the economy;
Amendment 147 #
2012/2293(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Advocates making priority investment in heat efficiency and in the use of renewables in social housing, as well as integrated projects for sustainable urban development, access to housing for marginalised communities and the promotion of social enterprises, eligible for Structural Fund support in the 2014- 2020 budgetary period;
Amendment 168 #
2012/2293(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 179 #
2012/2293(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Warns against the risk of creating social ghettos by providing state-funded housing programs; calls for financial incentives that aim to develop common and mixed private and social housing space with flexible occupancy commitments;
Amendment 185 #
2012/2293(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 193 #
2012/2293(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 203 #
2012/2293(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that implementing the righentitlement to housing affects the implementation of other fundamental rights, including political and social rights;
Amendment 216 #
2012/2293(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Agency for Fundamental Rights to conduct a study assessing how effectively and under what conditions the righentitlement to housing is implemented in the Member States;
Amendment 218 #
2012/2293(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Expects the Commission to examine to what extent direct support by housing allowances or indirect support by social housing itself is a more effective measure to provide affordable housing for social groups who cannot cover their housing needs on the housing market;
Amendment 224 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – introductory part
Paragraph 16 – introductory part
16. Recommends that Member States draw up integrated policies and provision of accessible homes through construction and adaptation to ensure independent living and social inclusion for people with reduced mobility, for guaranteeing universal access to decent affordable housing, with aims including:
Amendment 264 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 5 a (new)
Paragraph 16 – indent 5 a (new)
- conception to prevent misallocation of social housing
Amendment 268 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Steps to address the ageing of the population and the need to provide access to accessible, adequate and decent housing for the growing number of older people in the EU;
Amendment 286 #
2012/2293(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the relevant public and private authorities to systematically include modules on accessibility of the built environment and design-for-all in the training systems for engineering, architecture, urban planning and construction;
Amendment 293 #
2012/2293(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 303 #
2012/2293(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges Member States to adopt integrated measures, based on local energy audits, for combating energy poverty: reducproviding financial support regarding energy costs for the most vulnerable households (by means of social tariffs, support on a one-off basis or as part of other social assistance, action to prevent non-payment of bills and protection against the cutting-off of supplies) and supporting measures to help residents develop a more economic lifestyle, while at the same time using effective long-term financial leverage to make residential buildings more energy efficient;
Amendment 310 #
2012/2293(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Member States to establish a fair and transparent system of allocation for social housing that should take into account the socio-economic and family situation of the claimer, and should give priority to youth, to large families, to monoparental families, to persons with disabilities, and the elderly;
Amendment 321 #
2012/2293(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 37 #
2012/2130(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the scope of Article 2 TEU is not restricted by the limCharter does not apply to every situation of Article 51(1) of the Charter and the scope of Article 7 TEU is not limited to the policy areas covered byan alleged violation of fundamental rights as according to Article 51(1) it applies to Member States only when they are implementing EU law, and whereas as a consequence the EU can also act in the event of a breach of, or a clears repeatedly stated by Vice-President Viviane Reding in the former replies to MEPs when raisk of a breach of, the common values in areas falling under Member State's competencing concrete breaches of fundamental rights in Member States;
Amendment 382 #
2012/2130(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
Amendment 389 #
Amendment 393 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 1
Paragraph 61 – indent 1
Amendment 398 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 2
Paragraph 61 – indent 2
Amendment 403 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 3
Paragraph 61 – indent 3
Amendment 407 #
Amendment 412 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 4
Paragraph 61 – indent 4
Amendment 413 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 4
Paragraph 61 – indent 4
Amendment 419 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 5
Paragraph 61 – indent 5
Amendment 423 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 6
Paragraph 61 – indent 6
Amendment 427 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 7
Paragraph 61 – indent 7
Amendment 430 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 8
Paragraph 61 – indent 8
Amendment 433 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 3
Paragraph 61 – subheading 3
Amendment 436 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 9
Paragraph 61 – indent 9
Amendment 440 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 10
Paragraph 61 – indent 10
Amendment 443 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 11
Paragraph 61 – indent 11
Amendment 446 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 12
Paragraph 61 – indent 12
Amendment 452 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 4
Paragraph 61 – subheading 4
Amendment 455 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 13
Paragraph 61 – indent 13
Amendment 458 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 14
Paragraph 61 – indent 14
Amendment 461 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 15
Paragraph 61 – indent 15
Amendment 465 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 16
Paragraph 61 – indent 16
Amendment 468 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 17
Paragraph 61 – indent 17
Amendment 472 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 18
Paragraph 61 – indent 18
Amendment 475 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 19
Paragraph 61 – indent 19
Amendment 479 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 5
Paragraph 61 – subheading 5
Amendment 484 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 20
Paragraph 61 – indent 20
Amendment 495 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 6
Paragraph 61 – subheading 6
Amendment 499 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 21
Paragraph 61 – indent 21
Amendment 500 #
2012/2130(INI)
Motion for a resolution
Heading III - Subheading 6
Heading III - Subheading 6
Amendment 531 #
2012/2130(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 538 #
2012/2130(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 545 #
2012/2130(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
Amendment 551 #
2012/2130(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Instructs its President to forward this resolution to the Parliament, President and Government of Hungary, to the Presidents of the Constitutional Court and the Kúria, to the Council, the Commission, the governments and parliaments of the Member States and the candidate countries, the Fundamental Rights Agency, the Council of Europe, the OSCE and the U.S. Secretary of State and the OSCE.
Amendment 15 #
2012/2078(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the need to improve social governance at the European level in parallel with the establishment of European economic governance by creating systems of intervention tools which are both based on common policies and of a concrete nature;
Amendment 55 #
2012/2078(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to insist on the submission of National Job Plans by Member States as part of their National Reform Programme, which should be clearly separated but should form part of the Reform Programme, as an annex to it;
Amendment 7 #
2012/2045(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers it necessary to adapt to the changing labour market, as, through better-quality education and training, young and not-so-young generations improve not only their own chances but also those of society in their attempts to counteract the crisis;
Amendment 15 #
2012/2045(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. At the same time we must be wary of the danger of high-qualification dumping and of its consequences. Society has a need for craftspersons and skilled workers and for sustaining traditional crafts: e.g. shoemakers, clocksmiths. Through long- term regional production using environmentally friendly techniques we can avoid the never-ending spiral of consumption;
Amendment 34 #
2012/2045(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Observes that education and training and the prevention of early school-leaving are an investment and, at the same time, a guarantee of successful crisis management;
Amendment 39 #
2012/2045(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that there has never been a greater need for supply and demand on the labour market to balance each other precisely, so that the creation of so-called ‘lost generations’ can be avoided;
Amendment 47 #
2012/2045(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers this synergy between the supply of labour and the ability of the labour market to absorb it to be essential;
Amendment 475 #
2012/0011(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) The right to the protection of personal data is based on the right of the data subject to exert the control over the personal data that are being processed. To this end the data subject should be granted clear and unambiguous rights to the provision of transparent, clear and easily understandable information regarding the processing of his or her personal data, the right of access, rectification and erasure of their personal data, the right to data portability and the right to object to profiling. Moreover the data subject should also have the possibility of lodging a complaint with regard to the processing of personal data by a controller or processor with the competent data protection authority and to bring legal proceedings in order to enforce his or her rights as well as the right to compensation and damages resulting of an unlawful processing operation or from an action incompatible with this Regulation. The provisions of this Regulation should strengthen, clarify, guarantee and where appropriate, codify those rights.
Amendment 533 #
2012/0011(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) In order to maintain security and to prevent processing in breach of this Regulation, the controller or processor should evaluate the risks inherent to the processing and implement measures to mitigate those risks. These measures should ensure an appropriate level of security, taking into account the state of the art and the costs of their implementation in relation to the risks and the nature of the personal data to be protected. When establishing technical standards and organisational measures to ensure security of processing, the Commission should promote technological neutrality, interoperability and innovation should be promoted, and, where appropriate, cooperate with third countries should be encouraged to cooperate.
Amendment 540 #
2012/0011(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) A personal data breach may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud, to the individual concerned. Therefore, as soon as the controller becomes aware that such a breach has occurred, the controller should notify the breach to the supervisory authority in the country where it is based without undue delay and, where feasible, within 24 hoursone working day. Where this cannot achieved within 24 hoursone working day, an explanation of the reasons for the delay should accompany the notification. The individuals whose personal data could be adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions. A breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in, for example, identity theft or fraud, physical harm, significant humiliation or damage to reputation. The notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects. Notifications to data subjects should be made as soon as reasonably feasible, and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities (e.g. law enforcement authorities). For example, the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay.
Amendment 564 #
2012/0011(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) Where the processing is carried out in the public sector or where, in the private sector, processing is carried out by a large enterprise or relates to more than 249 data subjects per year, or where its core activities, regardless of the size of the enterprise, involve processing operations which require regular and systematic monitoring, a person should assist the controller or processor to monitor internal compliance with this Regulation. When establishing whether data about a large number of data subjects are processed, archived data that is restricted in such a way that they are not subject to the normal data access and processing operations of the controller and can no longer be changed should not be taken into account. Such data protection officers, whether or not an employee of the controller and whether or not performing that task full time, should be in a position to perform their duties and tasks independently. The data protection officer should in particular be consulted prior to the design, procurement, development and setting-up of systems for the automated processing of personal data, in order to ensure the principles of privacy by design and privacy by default.
Amendment 567 #
2012/0011(COD)
Proposal for a regulation
Recital 75 a (new)
Recital 75 a (new)
(75a) The data protection officer should have at least the following qualifications: extensive knowledge of the substance and application of data protection law, including technical and organizational measures and procedures; mastery of technical requirements for privacy by design, privacy by default and data security; industry-specific knowledge in accordance with the size of the controller or processor and the sensitivity of the data to be processed; the ability to carry out inspections, consultation, documentation, and log file analysis; and full knowledge of the role and competence of an employee representative. The controller should enable the data protection officer to take part in advanced training measures to maintain the specialized knowledge required to perform his or her duties.
Amendment 603 #
2012/0011(COD)
Proposal for a regulation
Recital 101
Recital 101
(101) Each supervisory authority should hear complaints lodged by any data subject or organisation acting in the public interest and should investigate the matter. The investigation following a complaint should be carried out, subject to judicial review, to the extent that is appropriate in the specific case. The supervisory authority should inform the data subject or the association of the progress and the outcome of the complaint within a reasonable period. If the case requires further investigation or coordination with another supervisory authority, intermediate information should be given to the data subject.
Amendment 614 #
2012/0011(COD)
Proposal for a regulation
Recital 112
Recital 112
(112) AIn the spirit of this Regulation, any body, organisation or association which aims to protects the rights and interests of data subjects in relation to the protection of their data andacting in the public interest which is constituted according to the law of a Member State should have the right to lodge a complaint with a supervisory authority or exercise the right to a judicial remedy on behalf of data subjects, or to lodge, independently of a data subject's complaint, an own complaint where it considers that a personal data breach has occurred.
Amendment 617 #
2012/0011(COD)
Proposal for a regulation
Recital 114
Recital 114
(114) In the spirit of this Regulation, in order to strengthen the judicial protection of the data subject in situations where the competent supervisory authority is established in another Member State than the one where the data subject is residing, the data subject may request any body, organisation or association aimcting to protect the rights and interests of data subjects in relation to the protection of their datain the public interest to bring on the data subject’sir behalf proceedings against that supervisory authority to the competent court in the other Member State.
Amendment 650 #
2012/0011(COD)
Proposal for a regulation
Recital 129
Recital 129
(129) In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, delegated acts should be adopted in respect of lawfulness of processing; specifying the criteria and conditions in relation to the consent of a child; processing of special categories of dataspecifying the technical formats for giving consent; specifying conditions of modes based on icons and other graphic features for provision of information; specifying the criteria and conditions for manifestly excessive requests and fees for exercising the rights of the data subject; criteria and requirements for the information to the data subject and in relation to the right of access; the right to be forgotten and to erasure; measures based on profiling; criteria and requirements in relfor verification tof the responsibility of the controller and to data protection by design and by default; a processor; criteria and requirements for the documentation and the security of processing; criteria and requirements for establishing a personal data breach and for its notification to the supervisory authority, and on the circumstances where a personal data breach is likely to adversely affect the data subject; the criteria and conditions for processing operations requiring a data protection impact assessment; the criteria and requirements for determining a high degree of specific risks which require prior consultation; designation and tasks of the data protection officer; codes of conduct; criteria and requirements for certification mechanisms; criteria and requirements for transfers by way of binding corporate rules; transfer derogthe adequate level of protection afforded by a third country or an international organisations; administrative sanctions; processing for health purposes; processing in the employment context and processing for historical, statistical and scientific research purposes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and in particular with the European Data Protection Board. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 721 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified or singled out, directly or indirectly, alone or in combination with associated data, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an unique identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or, social identityor gender identity or sexual orientation of that person;
Amendment 1006 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society goods and services directly to a child, the processing of personal data of a child below the age of 134 years shall only be lawful if and to the extent that consent is given or authorised by the child'’s parent or custodianlegal representative. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology. The methods to obtain verifiable consent shall not lead to the further processing of personal data which would otherwise not be necessary.
Amendment 1115 #
2012/0011(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Information for data subjects shall be provided in a format offering data subjects the information needed to understand their position and make decisions in an appropriate way. Therefore the controller shall provide and communicate its data protection policies through an easily understandable mode of description based on icons and other graphic features for the different types of data processing, their conditions and consequences. Full information shall be available on request in accordance with Article 14.
Amendment 1117 #
2012/0011(COD)
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. The Commission shall be empowered to adopt, after requesting an opinion of The European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying the mode of description based on icons and other graphic features which is referred to in paragraph 3 concerning the nature of the processing, duration of storage, transfer or erasure of data by establishing icons or other instruments in order to provide information in a standardised way.
Amendment 1325 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in a freely-available electronic format, the information shall be provided in electronic form which enables the data subject to make subsequent use of it, unless otherwise requested by the data subject.
Amendment 1337 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Amendment 1539 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where an objection is upheld pursuant to paragraphs 1 and 2, the controller shall no luse the personal data congcer use or otherwise process the personal data concernedned only for historical, statistical or research purposes or, depending on the option chosen, delete it.
Amendment 1644 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In particular, any legislative measure referred to in paragraph 1 must be necessary and proportionate in the information society and shall contain specific provisions at least as to: (a) the objectives to be pursued by the processing and; (b) the determination of the controller; (c) the specific purposes and means of processing; (d) the categories of persons authorised to process the data; (e) the procedure to be followed for the processing; (f) the safeguards to prevent abuse; (g) the right of data subjects to be informed about the restriction.
Amendment 1720 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms forWhere the data subject is given a choice regarding the processing of personal data, the controller shall ensuringe that, by default, only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals and that information in the form of a request for consent regarding the distribution of personal data will be obtained.
Amendment 2280 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. Data protection officers shall be bound by secrecy concerning the identity of data subjects and concerning circumstances enabling data subjects to be identified, unless they are released from that obligation by the data subject. Where in the course of their activities data protection officers become aware of data for which the head of the data controller or a person employed by the data controller has the right to refuse to give evidence, that right shall also apply to data protection officers and their subordinates.
Amendment 2411 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 8
Article 41 – paragraph 8
8. Decisions adopted by the Commission on the basis of Article 25(6) or Article 26(4) of Directive 95/46/EC shall remain in force, until amended, replaced or repealed by the Commiss for two years from the entry into force of this Regulation.
Amendment 2459 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Where the appropriate safeguards with respect to the protection of personal data are not provided for in a legally binding instrument, the controller or processor shall obtain priAuthorisations by a supervisory authorisation for the transfer, or a set of transfers, or for provisions to be inserted into administrative arrangements providing the basis for such transfer. Such authorisation by the supervisory authority shall be in accordance with point (a) of Article 34(1). If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57. Authorisations by a supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain valid,ty on the basis of Article 26(2) of Directive 95/46/EC shall remain in force for no longer than two years from the entry into force of this Regulation or until amended, replaced or repealed by thate supervisory authority.
Amendment 2537 #
2012/0011(COD)
Proposal for a regulation
Article 45 a (new)
Article 45 a (new)
Article 45a The Commission shall, starting four years from the date referred to in Article 91(1) (the date of entry into force of this Regulation), submit a report on the application of Articles 40 and 45 every two years to the European Parliament. and the Council. To this end, the Commission may request information from the Member States and the supervisory authorities; such information must be delivered promptly. The reports will be published.
Amendment 2556 #
2012/0011(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Member States shall provide that the members of the supervisory authority must be appointed either by the parliament or the government of the Member State concern– following consultation with the parliament – the government of the Member State concerned, always ensuring that political influence is kept to a minimum; the requisite qualifications, absence of conflicts of interest and positions of the members must also be regulated.
Amendment 2760 #
2012/0011(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. The European Data Protection Board shall elect a chair and two deputy chairpersons from amongst its members. One deputy chairperson shall be the European Data Protection Supervisor, unless he or she has been elected chair.
Amendment 3047 #
2012/0011(COD)
Proposal for a regulation
Article 82 a (new)
Article 82 a (new)
Article 82a Processing in the social security context 1. Member States may, in accordance with the rules set out in this Regulation, adopt specific legislative rules particularising the conditions for the processing of personal data by their public institutions and departments in the social security context if carried out in the public interest. 2. Each Member State shall notify the Commission of the rules adopted in national law pursuant to paragraph 1 by the date specified in Article 91(2) at the latest and of any subsequent amendment affecting them within one month of the amendment being adopted.
Amendment 1 #
2011/2294(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to Articles 2 and 3 of the Treaty on European Union,
Amendment 78 #
2011/2294(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that higher education is a public good that fosters culture, diversity and democratic values and prepares students to become active citizens and which supports native language education of native ethnic and language communities living in the Member States;
Amendment 87 #
2011/2294(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that public funding is of primary importance for higher education; emphasises that investment in higher education in Europe is crucial to overcoming the current economic crisis; calls on the Member States and higher education institutions to develop innovative funding mechanisms that also ensure native ethnic and language communities and persons belonging to minorities living in the Member States have access to education in their native language;
Amendment 94 #
2011/2294(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates that higher education has the potential to promote social inclusion and upward social mobility; calls on Member States and higher education institutions to widen access for students from all social backgrounds, including access for native ethnic and language communities living in the Member States to higher education in their native language, and to recognise multiculturalism and multilingualism as a fundamental value of the EU that needs to be fostered;
Amendment 124 #
2011/2294(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages higher education institutions to engage with their regions and establish collaborative actions with local councils, in those regions where there are significant native ethnic and language communities and minorities, including their representation organisations, with non-governmental organisations and small and medium-sized enterprises to enhance regional development;
Amendment 155 #
2011/2294(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises the importance of language skills as a prerequisite for increased mobility within the EHEA and employability; supports the development of language teaching, and the teaching and development of local and regional languages;
Amendment 170 #
2011/2294(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that the persistent disparities between western and central-eastern European higher education systems must be addressed through real integration measures, in the interest of this encouraging and supporting cross-border collaboration between institutes of higher education;
Amendment 77 #
2011/2246(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for the devising of procedures and mechanisms for the selection and appointment of public media heads, management boards, media councils and regulatory bodies that are transparent, based on merit and indisputable experience and that ensure professionalism, integrity, independence, consensus across the political and social spectrum and continuity, instead of political or partisan criteria in the framework of a spoil system linked to the results of elections or the will of those in power;
Amendment 94 #
2011/2246(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls the important role of the public service media, funded by citizens through the State, and their institutional duties to provide high quality and accurate and reliable information and to offer space for niches not rentable for private media; stresses that the private media have similar duties in relation to information, notably of institutional and political nature, in particular on the occasion of elections, referenda, etc;
Amendment 53 #
2011/2116(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that, owing to its complexity, the Statute does notonly partially meet the needs of cooperatives and that it should be simplified in order to make it more user- friendly;
Amendment 61 #
2011/2116(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises that existing co- determination and participation rights within a cooperative society do not have to be reduced by a transformation or merger;
Amendment 67 #
2011/2116(INI)
Motion for a resolution
Paragraph –11 a (new)
Paragraph –11 a (new)
-11a. Expects from the Commission to take appropriate measures in order to ensure a full implementation of the directive;
Amendment 72 #
2011/2116(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that a lack of resources leads to a lack of results; stresses the need for urgent improvements within the Commission in terms of organisation and the resources devoted to the social economy, given the current dispersion of competences and scarcity of staff;
Amendment 75 #
2011/2116(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that EU policies in all areas need to recognise the specificities and added value of social economy enterprises, including cooperative enterprises, specifically by adapting appropriate legislation on public procurement, State aid and financial regulation;
Amendment 81 #
2011/2116(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to come up with a framework for the social economy involving both the Member States and stakeholders in order to encourage exchanges of best practices and bring about a gradual improvement in the relevant rules and practices, in particular in the areas of taxation, loans, administrative burdens, consulting and business-support measures;
Amendment 84 #
2011/2116(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls forSupports business-support measures, in particular business-consultancy and employee training, and access to funding for cooperatives, especially for employee or customer buy-outs, as they are an underrated tool for saving enterprises at times of crisis and for the transfer of family enterprises;
Amendment 8 #
2011/2088(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that although early school leaving (ESL) is more common among boys than girls. There is a special situation in the case of the traditional Roma communities, where due to the custom of early marriages, the school drop-out of young girls is more frequent. This ESL of young Roma girls happens at an earlier age (around 12-13 years) in comparison with boys (around 14-15 years);
Amendment 34 #
2011/2088(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Member States to carry out an analysis of the problem of early school leaving, while taking due account of data protection, and to develop appropriate packages of measures for prevention, intervention and compensation. In the case of traditional Roma communities there is a need for supplementary positive measures in order to overcome the ESL as a result of these harmful traditional practices;
Amendment LL #
2011/2052(INI)
Motion for a resolution
Recital K
Recital K
K. whereas women are in general more vulnerable to poverty than men owing to various factors such as gender discrimination at work, which results in the persistent gender pay gap, the resulting pension disparities, and labour market discriminationbut also career breaks in order to care for dependants and labour market discrimination; whereas only 63% of women work in Europe, compared to 76% of men, and having regard to the lack of support networks and concrete measures to help parents achieve a work/life balance, including affordable care services,
Amendment U #
2011/2052(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for Roma people, and the organisations that represent and work with them, to be actively involved in the elaboration and implementation of the national Roma Integration Strategies up to 2020, so as to contribute to achieving the EU poverty target; calls on the European Union and the Member States to establish the European strategy to promote Roma inclusion as soon as possible, and calls on the Member States to propose, by the end of this year, measures to promote the inclusion of Roma in accordance with the European framework for coordinating national Roma inclusion strategies presented by the Commission in April 2011; stresses that, as with the fight against poverty and social exclusion, the inclusion and integration of the Roma will require greater effort to achieve, by 2020, their full inclusion and an end to the numerous forms of discrimination to which they are subject; 16a. calls for other marginalised communities such as immigrants to be involved in all EU or Member State policies relating to their social inclusion;
Amendment 110 #
2011/2052(INI)
Motion for a resolution
Recital K
Recital K
K. whereas women are more vulnerable to poverty owing to various factors such as their family obligations, the persistent gender pay gap, the resulting pension disparities, and labour market discrimination,
Amendment 343 #
2011/2052(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for Roma to be involved in all EU or Member State policies relating to their social inclusion, primarily with the cooperation of intellectuals of Roma origin;
Amendment 19 #
2011/0440(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 22 #
2011/0440(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Pursuant to Article 175 of the Treaty on the Functioning of the European Union, the Commission submits every three years a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the progress made towards achieving economic, social and territorial cohesion. The preparation of these reports and the regular monitoring of demographic developments and of possible future demographic challenges in the EU regions, including different types of regions such as cross-border regions, metropolitan regions, rural regions, mountain and island regions, require annual regional data at NUTS 3 regional level. Since demographic ageing displays strong regional differences, Eurostat is requested to prepare regional projections on a regular basis in order to complement the demographic picture of the NUTS 2 regions in the European Union.
Amendment 30 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘usually resident populationEuropean citizens’ means all persons having their usual residence incitizenship of a Member State at the reference time;
Amendment 32 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 41 #
2011/0440(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide the Commission (Eurostat) with data on the population as referred to in Article 2 and (d)ir citizens at the reference time. Where the circumstances described in Article 2 (d)i. or (d)ii. cannot be established, Member States shall provide the Commission (Eurostat) with data on population at their place of legal or registeredpermanent residence at the reference time; in this case, they shall undertake proportionate efforts to compute data which are the closest possible approximation to the population referred to in Article 2 and (d).
Amendment 43 #
2011/0440(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide the Commission (Eurostat) with data on vital events at the reference time, regardless of the place where the events occurred. Member States shall use the same population definition as for the data referred to in paragraph.
Amendment 46 #
2011/0440(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall use the same population definition for all national and regional levels as defined in Article 2 (a) and (b).
Amendment 47 #
2011/0440(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end of the reference year. For the purposes of this Article, Member States shall not provide data on population at their place of legal or registered residence at the reference timeir citizens within 8 months from the end of the reference year.
Amendment 50 #
2011/0440(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end ofnumber of their citizens at the reference yeartime. For the purposes of this Article, Member States shall not provide data on population at their place of legal or registeredpermanent residence at the reference time.
Amendment 35 #
2011/0370(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The digital shift is having a massive impact on how cultural and creative goods and services are made, disseminated, accessed, consumed and monetised. It also ensures that cultural goods are easier to access and intercultural relations are strengthened. These changes offer great opportunities for the European cultural and creative sectors. Lower distribution costs, new distribution channels and new opportunities for niche products can facilitate access and increase circulation worldwide. In order to seize these opportunities and adapt to the context of the digital shift and globalisation, the cultural and creative sectors need to develop new skills and require greater access to finance to upgrade equipment, develop new production and distribution methods and adapt their business models.
Amendment 47 #
2011/0370(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) to strengthen the financial capacity of the cultural and creative sectors, and in particular small and medium-sized enterprises and organisations; and expanding present educational programmes, such as the Lifelong Learning Programme, Erasmus, etc;
Amendment 57 #
2011/0370(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) supporting the circulation of European literature, as well as of various cultural goods and works of art;
Amendment 48 #
2011/0217(COD)
Proposal for a decision
Title 1
Title 1
Proposal for a decision of the European Parliament and of the Council on the European Year of Citizens and Citizenship (2013)
Amendment 104 #
2011/0217(COD)
Proposal for a decision
Recital 16 a (new)
Recital 16 a (new)
(16a) Increased involvement of citizens in the functioning of the administrative organs of the Union – through civil- society organisations – would make it possible to reduce the distance between citizens and the Union institutions and to increase the legitimacy of the decisions taken at Union level, as a result of which a more effective, more united and stronger Union could come into being, because the European Union’s acquis needs to be popularised more widely and public awareness of it sorely needs to be promoted.
Amendment 111 #
2011/0217(COD)
Proposal for a decision
Recital 19 a (new)
Recital 19 a (new)
(19a) The ‘Europe Direct’ Information Centres – like the civil-society organisations operating in the various Member States which possess substantial expertise – as the local interface between the Union and its citizens, should be close partners of the European Parliament in awareness-raising campaigns, by stimulating local and regional debate about the Union, transmitting and distributing to the public information material and offering the opportunity to send feedback to the Union institutions. As the economic and moral crisis and the task of dealing with the debt crisis are imposing heavy burdens on the Member States, involvement of civil society could create a variety of opportunities to solve societal, sociological and economic problems; over and above national objectives, it may rather prove possible to find a solution by raising national target figures.
Amendment 116 #
2011/0217(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
The year 2013 shall be designated as the 'European Year of Citizens and Citizenship' (hereinafter referred to as 'the European Year').
Amendment 123 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 1 a (new)
Article 2 – paragraph 2 – indent 1 a (new)
– by means of a pan-European awareness campaign dealing with fundamental issues – for example freedom, the rule of law, equality, solidarity and respect for human rights – to increase Union citizens’ awareness that in cross-border situations all rights arising from citizenship of the Union are also guaranteed to them when they decide to exercise their right to move to and reside in another Member State, including their right to participate in the democratic life of the Union;
Amendment 129 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 3 a (new)
Article 2 – paragraph 2 – indent 3 a (new)
– to promote an excellent level of awareness of rights among the employees of EU and national institutions, thus facilitating the exercise of those rights and improving their application in relations between European citizens and the institutions;
Amendment 133 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
– information, education and awareness raising campaigns targeted at the general public and more specific audiences, such as vulnerable groups, young people, women, people with disabilities and employees of public institutions that make it possible to exercise rights and, to that end, free and easy access to information for all Union citizens in simple language in order to promote transparency and strengthen democracy;
Amendment 136 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– exchange of information, and sharing of experience and good practices of national, regional, local admibetween local authorities, national, regional and other State organistrations and othercivil-society organisations;
Amendment 161 #
2011/0217(COD)
Proposal for a decision
Annex 1 – introductory part
Annex 1 – introductory part
As a guiding principle, the implementation of the European Year will be built around a broad Union-wide information campaign which can be complemented by actions of the Member States. Both Union and national actions canmust and will also involve civil society, which has substantial experience in the field in question, and other stakeholders with a view to create ownership of all key actors. The implementation will be carried out through the following measures:
Amendment 2 #
2011/0167(NLE)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that Europe needs an international agreement to step up the fight against counterfeit products as these products are causing billions of Euros of damage every year to European companies, thereby also putting European jobs at risk; notes that in addition, counterfeit products often do not fulfil European safety requirements, posing significant health hazards to consumers;
Amendment 3 #
2011/0167(NLE)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that ACTA must fully respect Union law, especially the Charter and the data protection acquis; reiterates that it is important that ACTA is not open to any interpretation that could lead Member States to infringe the Charter when implementing provisions of ACTA and therefore calls on the Commission and Member States to ensure legal clarity in the provisions of ACTA;
Amendment 22 #
2011/0167(NLE)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that concern has especially been raised on those provisions that leave room for flexibility in their implementation, on the basis that these provisions might be implemented in the Union in a manner that could be illegal or contrary to fundamental rights; considers that this is an unsubstantiated assumption which is contrary to the general principles of law and to the letter of ACTA itself as it explicitly requires that the optional or flexible provisions therein be implemented in compliance with fundamental rights and applicable domestic provisions; reiterates however that this does not justify ambiguities contained in ACTA;
Amendment 23 #
2011/0167(NLE)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Notes that despite the ambiguities that remain in ACTA, there is no evidence whatsoever, not even in the European Data Protection Supervisor's opinion on ACTA, that it goes contrary to Union law or that it violates fundamental rights and freedoms in any manner;
Amendment 30 #
2011/0167(NLE)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Emphasises that Internet Service Providers (ISPs) should not police the Internet and therefore calls on the Commission and the Council to ensure legal clarity on the role of ISPs under ACTA;
Amendment 31 #
2011/0167(NLE)
Draft opinion
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Considers that ACTA only targets large-scale infringement of intellectual property rights (IPRs), allowing for signatory states to exempt non- commercial use from its provisions on criminal enforcement procedures; notes, however, that it is unclear where to draw the line between commercial and non- commercial use; calls therefore on the Commission and on Member States to define the notion of infringement of IPRs on a commercial scale and to add legal clarity as to when Member States could impose criminal enforcement measures on internet users;
Amendment 34 #
2011/0167(NLE)
Draft opinion
Paragraph 15
Paragraph 15
15. Considers that when fundamental rights are at stake ambiguity must be avoided and at the least reduced to a minimum; moreover, and without assigning any wrongful intentions ("procès d'intention") to the ACTA implementation measures, takes the view that in the current state of affairs precaution should be exercised as regards ACTA in the light of the serious and remainingthe remaining serious question- marks surrounding the balance reached within the agreement between IPRs and other core fundamental rights and its level of legal certainty. need to be addressed;
Amendment 37 #
2011/0167(NLE)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls therefore on the Commission and on Member States to provide solutions for the concerns identified in this opinion, so as to address ambiguities in ACTA and ensure that the strict observance of fundamental rights and freedoms is clearly guaranteed;
Amendment 51 #
2011/0023(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 113 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers and non-carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non-carrier economic operators.
Amendment 115 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they collect and process PNR data from their customers, yet without necessarily transferring the data to the airline operating the passenger flight.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lisdata sets should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 139 #
2011/0023(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier’s reservation system and extract (’pull’) a copy of the required data, and the ‘push’ method, under which air carriers and non-carrier economic operators transfer (’push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non-carrier economic operators.
Amendment 143 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and non-carrier economic operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and non-carrier economic operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 173 #
2011/0023(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.
Amendment 203 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 207 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and non- carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 222 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 57 years, after which the data must be permanently deleted, the data must be anonymised after a very short periodmasked out after 6 months, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required toit must be ensured that an independent national supervisory authority isand in particular its Data Protection Officer are responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 231 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall also apply to non- carrier economic operators that gather or store PNR data on passenger flights planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member States with a final destination in a third country, to intra-EU-flights and to domestic flights;
Amendment 239 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences, and serious crime according to Article 4 (2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). or the prevention of immediate and serious threats to public security. deleted deleted
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 260 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reservation systems’' means the air carrier’'s or the non-carrier economic operator's internal inventory system, in which PNR data are collected for the handling of reservations;
Amendment 262 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) Non-carrier economic operator means an economic operator, such as travel agencies and tour operators, that provides travel-related services, including the bookings of flights for which they collect and process PNR data of passengers;
Amendment 264 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR dataand non-carrier economic operator transfer their existing PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 281 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 296 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) Masked out means rendering certain data elements of PNR data indecipherable to a user, without deleting them (e.g. by the means of applying a cryptographic state-of-the-art function to the elements of clear text data making a passenger identifiable); elements that are rendered indecipherable must comprise all elements making a passenger identifiable. Identical clear text data may result in identical masked out data in order to make it possible to match data without identifying the persons who are subject to that data.
Amendment 303 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime and the prevention of immediate and serious threats to public security or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers and non-carrier economic operators, storing them, analyprocessing them and transmitting the result of the analysisPNR data or the result of the processing thereof to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authoritieThe Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger Information Unit of other Member States in accordance with Article 7. Its staff members may be seconded from competent public authorities. It shall be provided with adequate resources in order to fulfil its tasks.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and the non-carrier economic operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected only by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and non-carrier economic operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 418 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security.
Amendment 429 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime or the prevention of immediate and serious threats to public security.
Amendment 442 #
2011/0023(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Obligations on air carriers and non-carrier economic operators
Amendment 446 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and non-carrier economic operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier and the non-carrier economic operator that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers and the non-carrier economic operators shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 457 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers and non-carrier economic operator shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 461 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once, 24 to 48 hours before the scheduled time for flight departure;
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’s territory at any time.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 612 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers and non- carrier economic operators to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 30 day6 months after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 634 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Re-identification of masked out PNR data and access to the full PNR data shall be permitted only by the Data Protection Officer for the purposes of Article 4(2)(b) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk related to terrorist offences or a specific investigation or prosecution related to a crime listed in Article 2.1 or the prevention of an immediate and serious threat to public security.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 679 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and non-carrier economic operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 702 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers and non-carrier economic operators, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities and the Data Protection Officer. These logs shall be kept for a period of fiseven years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those fiseven years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 776 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 781 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourseven years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 69 #
2010/2294(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Stresses that citizens’ right to information is generally not complied with by Member States’ authorities and therefore calls on the Commission – taking into account the principle of good governance – to study the Member States’ provisions on access to documents and encourage them to draw up maximally transparent rules promoting citizens’ access to documents;
Amendment 62 #
2010/2088(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for the adoption and promotion of the ILO Manual on the Measurement of Volunteer Work. and for mapping of action by civil society using measurable indicators and stronger encouragement of such action.
Amendment 99 #
2010/2039(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the promotion of social integration and inclusion, in order to guarantee effective protection of fundamental human rights, and clear commitments to draw up EU and national policies to combat poverty and social exclusion, by ensuring universal access to public health services, vocational education and training, housing and social protection, in addition to employment with rights, fair wages, decent pensions and an adequate income for everyone;
Amendment 143 #
2010/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the various experiments with minimum incomes, accompanied by social integration and protection measures, show that this is a further essential way of combating poverty and social exclusion; therefore calls on the European Commission to prepare an initiative supporting these experiments, taking into account best practices and ensuring an adequate minimum income throughout the European Union as a means to prevencombat poverty and guarantee social justice and equal opportunities for all, without calling into question the specific situations in each Member State;
Amendment 162 #
2010/2039(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the urgent need to define and use appropriate economic and social indicators in various areas (health, housing, education, income and, employment and social assistance services), which will allow the progress made in combating poverty and promoting social inclusion to be monitored and measured; states that these indicators should be presented annually on International Day for the Eradication of Poverty (17 October), should evolve as necessary and should include gender, age ranges, households, disability situations, immigration, chronic illness and various income levels (60% of median income; 50% of median income; 40% of median income) in order to take account of relative poverty, extreme poverty and the most vulnerable groups;
Amendment 84 #
2010/0306(NLE)
Proposal for a directive
Article 5 – point 1 – subpoint d
Article 5 – point 1 – subpoint d
(d) a system of appropriate institutional control, regulatory inspections, documentation and reporting, as well as needed training for the workers involved in the whole process in order to secure and maintain their occupational safety and health;
Amendment 97 #
2010/0306(NLE)
Proposal for a directive
Article 7 – point 5 a (new)
Article 7 – point 5 a (new)
(5a) Member States shall ensure that the licence holders are able to guarantee and implement the application of occupational and health safety standards to all the workers involved in the process as well as ensure the needed training for them throughout the whole process in view of scientific progress.
Amendment 105 #
2010/0306(NLE)
Proposal for a directive
Article 9
Article 9
Member States shall ensure that the national framework includes arrangements for education and training covering the needs of all parties with responsibilities for spent fuel and radioactive waste management in order to maintain and to further develop necessary expertise and skills. Member States shall ensure that the licence holders are able to implement those arrangements also in view of the safety and health of all the parties involved in the process.
Amendment 64 #
2010/0074(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
1. "Citizens’ initiative" means an initiative, submitted to the Commission in accordance with the present Regulation, inviting the Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties, which has received the support of at least one million eligible signatories coming from at least one thirdfifth of all Member States;
Amendment 69 #
2010/0074(COD)
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
3. “Organiser” means a natural or legal person or organisation responsible for the preparation and submission of a citizens’ initiative to the Commission., with the exception of political parties, trade unions and lobby groups.
Amendment 85 #
2010/0074(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission shall reject the registration of proposed citizens' initiatives which are manifestly against human rights and the values system of the Union.
Amendment 96 #
2010/0074(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Member States and the Commission shall recognize the certificates issued by the competent authorities of other Member States.
Amendment 103 #
2010/0074(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The signatories of a citizens' initiative shall come from at least one thirdfifth of Member States.
Amendment 129 #
2010/0074(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. For the purpose of the implementation of Article 6(5), the Commission shall be assisted by a committee comprising 27 independent experts representing the Member States. Nine members shall constitute a decision-making quorum, but experts from the countries from which the initiative originates may not participate in the decision-making process.
Amendment 1 #
2009/2240(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the Conclusions of the 2908th meeting of the Justice and Home Affairs Council on 28 November 2008 ((16325/1/08 REV 1 (Presse 344)) with special regard to the reception of Iraqi refugees,
Amendment 16 #
2009/2240(INI)
Motion for a resolution
Recital L
Recital L
L. whereas there are several entities, in public administration (such as municipalities) as well asnd in civil society, (varying from NGOs to charities and from schools to social services, that) as well as Churches have the experience and expertise necessary to carry out follow-up measures,
Amendment 17 #
2009/2240(INI)
Motion for a resolution
Recital O
Recital O
O. whereas resettlement is to be implemented as a complement to and without disregard for the other durable solutions provided for people seeking international protection in the EU and the efforts in refugee resettlement should not lessen the endeavour to guarantee a fair and effective access to asylum inside the EU,
Amendment 41 #
2009/2240(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Is of the opinion that governmental authorities should foster maximum cooperation with non-governmental entities (for instance Churches, international and local NGOs, for instance) and benefit from the expertise and proximity of the latter in providing the best and most efficient initiatives for resettlement of refugees;,
Amendment 45 #
2009/2240(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the UNHCR together with Churches and local NGOs to establish clear criteria for quality resettlement and follow the resettlement of the refugees, in order to contribute to the evaluation of the resettlement activities in the Member States;
Amendment 2 #
2009/2177(INI)
Draft opinion
Recital A
Recital A
A. whereas the European Union and the rest of the world are experiencing the severest economic crisis in the last 60 years, the real economy is in its worst recession of that period and difficult employment conditions are anticipated despite a relative upturn in the economy,
Amendment 23 #
2009/2177(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need for proportionality of remuneration within companies by linking changes in the overall remuneration and pensions of directors to those of staff and by discouraging excessive risk-taking, and, for reasons of social justice, wishes to see the salaries, bonuses and pensions of the directors of companies receiving aid from the Member States or from the European Union capped and subject to high and progressive taxation, taking account of the various income situations in the Member States, and subject to high and progressive taxation in accordance with the tax rules in force in the Member States;
Amendment 35 #
2009/2177(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for national supervisory authorities to be giving binding powers to ensure compliance with these principles, and for aid to be subject to commitments on jobs, training and working conditions and to practical steps taken in these directions;
Amendment 45 #
2009/2177(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Proposes that the national supervisory authorities, assessing the independence of members of the managing bodies of undertakings more strictly, should devise more effective anti-corruption schemes, the establishment of which may not only be conducive to more ethical business management practices but also increase the economic success of undertakings;
Amendment 46 #
2009/2177(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
Amendment 10 #
2008/2184(INI)
Motion for a resolution
Recital B
Recital B
B. whereas freedom of movement is inherent to the concepts of human rights and Union citizenship and represents one of the fundamental rights recognized to Union citizens by the Treaties,
Amendment 40 #
2008/2184(INI)
Motion for a resolution
Recital T
Recital T
T. whereas the extremely poor transposition of the Directive implementing Article 18 of the EC Treaty by Member States should be strongly condemned and whereas such situation results, if not in the effectiveness and necessity of the Directive itself being undermined, in a substantial non- application of one of the key rights on which the EU is based and which are conferred on Union citizens by the Treaties,
Amendment 46 #
2008/2184(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on Member States to respect the spirit and the letter of Article 18 of the EC Treaty and Article 45 of the Charter of Fundamental Rights granting Union citizens the fundamental right to free movement, by implementing Directive 2004/38/EC as a matter of urgency, reviewfully, reviewing and modifying without delay legislation and administrative practices that are contrary to EU law, particularly on the basis of the Commission Report and of the case-law of the ECJ;
Amendment 68 #
2008/2184(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States, while implementing the right to free movement, not to place unjustified administrative burdens on Union citizens and their family members that are not expressly provided for in Directive 2004/38/EC, as these are contrary to EC law and an unjustified obstacle to the exercise of a freedom conferred directly by the EC Treaty, which is not dependent on their having completed administrative procedures; remindsdraws it to the attention of Member States ofthat it is their duty to facilitate administrative practices linked to the exercise of the right to free movement;
Amendment 81 #
2008/2184(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to monitor compliance in practice with Article 24 of the Directive on equal treatment and the prohibition of discrimination on the basis of nationality, in connection with Recitals 20 and 31 and Article 21 of the Charter of Fundamental Rights, that grant Union citizens and their family members who move to another Member State the right to equal treatment with nationals of that Member State in all matters falling within the scope of the EC Treaty, and calls on the Member States to take the necessary steps to overcome shortcomings as soon as possible and to put an end to breaches of EC law without delay;
Amendment 83 #
2008/2184(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the revision of the transitional arrangements which currently still provide for restrictions on the free movement of nationals of the Member States that joined the EU on 1 May 2004 and on 1 January 2007, which represent a substantial damaging discrimination between Union citizens;
Amendment 90 #
2008/2184(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Supports the approach proposed by the Commission based on continuous and comprehensive monitoring of the implementation of Directive 2004/38/EC, on assisting Member States in ensuring the full and correct application of the Directive through the drawing-up of guidelines in the first half of 2009 and on bringing proceedings against Member States where their national laws and/or practices conflict with the Directive;
Amendment 97 #
2008/2184(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require from Member States data in relation toperiodic reports on freedom of movement, for instance on the number of expulsions carried out and for which reason;
Amendment 77 #
2008/2137(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the vast majority of Roma graduates do not return to the community after leaving university and that some of them deny their origins or are no longer accepted in the community when they attempt to return;
Amendment 78 #
2008/2137(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recommends that a comprehensive programme package be planned which will promote/motivate a return to the community and employment within the community and in its interests;
Amendment 92 #
2008/2137(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that although the Member States have used substantial European Union and Member- State resources to help the long-term unemployed Roma find work, but these have typically set in stone the existing situationno coherent solution has yet been found at EU level: Member States are tackling the situation in very different ways and to very different extents; stresses that the number of long-term unemployed Roma people and their marginalisation have grown since enlargement;
Amendment 109 #
2008/2137(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that Member States adopto the Member States that (a) at EU level an independent group of experts coordinate Member States' uniform Roma strategy and the use of the funds for it; (b) they include among the members of the group of experts Roma intellectuals from various fields; (c) they establish partnerships between the various organisations representing Roma interests and the appropriate State institutions; (d) they devise as instruments concessionary credit or State interest subsidies and that, in the planning of farm subsidies, they make it an important objective to enable Roma communities to attain conditions in which they can earn a living from farming;
Amendment 26 #
2008/2039(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Maintains that steps need to be taken immediately in order to give full and productive effect to Directive 2002/73/EC with a view to combating discrimination; urges the Member States to attach greater importance to collective bargaining each according to its traditions, give dignity to those who work, bring closer supervision to bear on working conditions, health and safety, and trade union freedom, and, with the assistance of the social partners, draw up phased industry- wide plans, laying down clear-cut goals, to eradicate direct and indirect wage discrimination;
Amendment 38 #
2008/0195(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) All drivers, mobile workers and self- employed drivers are covered by Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport. It is in the general interest that those rules on driving times and rest periods for all drivers be properly applied, their application efficiently monitored and failure to comply with the requirements of the Regulation appropriately penalised.
Amendment 40 #
2008/0195(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) In order to increase safety on the road and because of the changes in the structure of haulage, consideration should be given to extending Regulation (EC) No 561/2006 to cover drivers of vehicles of less than 3.5t. which are duly used for business purposes.
Amendment 235 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4) This Directive is without prejudice to national legislation ensuring the secular nature of the State, State institutions or bodies, or education, or concerning the status and activities of churches and other organisations based on religion or belief. It is equally without prejudice to national legislation promotensuring equality between men and women.
Amendment 251 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and, transport and access to public institutions, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, or goods and services in question or require the provision of alternatives thereto.
Amendment 304 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate an independent body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 316 #
2008/0140(CNS)
Proposal for a directive
Article 13 – point a
Article 13 – point a
a) any laws, regulations and administrative provisions contrary to the principle of equal treatment are immediately abolished;
Amendment 19 #
2008/0070(COD)
Proposal for a recommendation
Recommendation 1
Recommendation 1
1. promote the European Credit system for Vocational Education and Training (hereinafter "ECVET") as set out in Annex 1 and 2 at all levels of the EQF by encouraging its implementation with compulsory indication of a comprehensive key-system of each national framework in order to facilitate trans-national mobility in vocational education and training and borderless lifelong learning;
Amendment 24 #
2007/2253(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recommends the mutual promotion by Member States of music in accordance with European media content through the development of a multi-layered strategy linking modules of common areas of culture, the culture market and the European public service field;
Amendment 26 #
2007/2253(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the need for European Union institutions and authorities in the Member States to provide legal and social guarantees to ensure the independence of journalists and newspaper editors and equal opportunities for media consumers, and to take action against all forms of discrimination;
Amendment 28 #
2007/2253(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Recommends that, where appropriate, public service media in the Member States ensure that the multicultural nature of regions is reflected;
Amendment 68 #
2007/2212(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls upon the Member States, where possible, to extend provisions concerning State funding to services provided by civil professional organisations, subject to compliance with appropriate quality assurance criteria, not only in the case of health or social services but also in the case of harm-reduction and low-threshold services; considers that in this way it will be possible to ensure that the functioning of the services is plannable and durable, and that they comply with quality standards;
Amendment 101 #
2007/2212(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls upon the Member States to step up common activities and common executive services between law enforcement agencies and civil-society organisations, particularly at local- community level;