224 Amendments of Jan CREMERS
Amendment 11 #
2008/2330(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Commission Green Paper of 22 November 2006 entitled 'Modernising labour law to meet the challenges of the 21st century' (COM(2006)0708),
Amendment 12 #
2008/2330(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the Commission Green Paper of 18 July 2001 on promoting a European framework on Corporate Social Responsibility (COM (2001)0366) and to the Commission communication of 22 March 2006 on implementing the partnership for growth and jobs: making Europe a pole of excellence on Corporate Social Responsibility (COM(2006)0136); and to Parliament's resolution of 13 March 2007 on corporate social responsibility: a new partnership1, 1 OJ C 301 E, 13.12.2007, p. 45.
Amendment 26 #
2008/2330(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, according to research commissioned by the Russell Sage Foundation, one in four of those working in the most developed economies of the western hemisphere may soon be low paid and find themselves at increased risk of poverty,
Amendment 27 #
2008/2330(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas low-wage jobs appear to exhibit much uniformity across Member States as they often take the form of a non-standard employment relationship and studies show that low-skilled workers, part-timers, women, immigrants and young workers are at higher risk,
Amendment 28 #
2008/2330(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas, according to several studies, low-wage workers in the EU are significantly better off than in the US, thanks to their social protection due to social insurance, including health care,
Amendment 29 #
2008/2330(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas a tendency to low-wage work tends to be passed on from generation to generation and whereas it limits access to good education, good health care and other basic living conditions and thus counteracts the political goal of equal opportunity,
Amendment 45 #
2008/2330(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the EU’s more interventionist institutional arrangements, characterised by a certain degree of income redistribution and the common notion of a ‘European social model’, have a positive effect on the quality of the working lives of millions of men and women in the more disadvantaged segment of our labour markets,
Amendment 46 #
2008/2330(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas respect for national legal and conventional frameworks, characterised balancing labour law and collective agreements, which regulate those models are a precondition for harmonised values in a diversity of systems;
Amendment 47 #
2008/2330(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas collective bargaining, therefore, should be seen as a constitutional right,
Amendment 48 #
2008/2330(INI)
Motion for a resolution
Recital I d (new)
Recital I d (new)
Id. whereas in the case of non-standard employment relationships the rules and procedures are defined by the partners in collective bargaining no longer apply,
Amendment 57 #
2008/2330(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas in several proceedings before the Court of Justice of the European Communities, the notion 'provisions that are crucial for the protection of the political, social and economic order' has been used without clarifying who can decide, in this regard, which provisions are crucial for the protection of the general public policy provisions in a Member State,
Amendment 58 #
2008/2330(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas in the Court of Justice held that it is not up to the Member States to define unilaterally the notion of public policy or to impose unilaterally all the mandatory provisions of their employment law on suppliers of services established in another Member State and whereas it is unclear in whose hands that competence lies if not with the Member States,
Amendment 59 #
2008/2330(INI)
Motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. whereas there is no clear distinction between labour-only subcontracting and dubious trafficking and provision of services that is based on lawful contracts with genuine self-employed people; whereas the difference between fraudulent practices and true civil and commercial business relationships should be addressed,
Amendment 65 #
2008/2330(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges the Commission to put forward a coherent policy plan on decent work in line with the Charter of Fundamental Rights of the European Union, and in particular with Article 31, which relates to fair and just working conditions and under which every worker has the right both to working conditions which respect to his or her health, safety and dignity and to the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave;
Amendment 74 #
2008/2330(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the delineation of what constitutes Member State 'provisions that are crucial for the protection of the political, social and economic order' is a political matter and should be defined in a democratically legitimised process; therefore calls upon the Commission to initiate an open debate in order to clarify the notion of what constitutes those general public policy provisions and propose legislation where necessary;
Amendment 92 #
2008/2330(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for a more effective prevention and combating of early school leaving under the motto that 'school pays off'; calls for effectively organised education systems and school curricula adapted to tomorrow's economy; calls for the further promotion of and assistance to the concept of Second Chance Schools to lower the drop-out rate in the European Union;
Amendment 98 #
2008/2330(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on the need for more effective lifelong learning actions aiming to better equipping citizens, especially the less qualified, to (re-)enter the job market and contribute to social innovation; suggests emphasising entrepreneurial skills, ICT and communication competences, financial literacy and language skills;
Amendment 106 #
2008/2330(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Whereas especially in a time of financial and economic crises, often resulting in redundancy and restructuring, worker participation in the decision-making process within companies that effect their jobs and livelihoods is of the utmost importance; welcomes the recent revision of Council Directive 94/45/EC of 22 September 1994 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 employees1;reiterates its call for the further strengthening of the functioning of European works councils as laid down in the Menrad report on Information and consultation of employees: works council, application direct. 94/45/EC from 20002; 1 OJ L 254 , 30.9.1994, p. 64. 2 OJ C 72 E, 21.3.2002, p. 68.
Amendment 112 #
2008/2330(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Invites the Commission to take initiatives that will lead to a clear distinction between on the one hand employers, genuine self-employed and small entrepreneurs, and, on the other hand, employees;
Amendment 146 #
2008/2330(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the Commission proposal to impose sanctions on employers who employ illegally staying third country nationals; emphasises the importance of combating the exploitation of illegally staying third country nationals whilst respecting the rights of those in vulnerable positions; in this context calls upon the Commission to promote the opportunities for lawful employment of legally staying third country nationals;
Amendment 147 #
2008/2330(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Stresses the need to strengthen anti- discrimination laws throughout the EU further; calls on the Commission to stimulate the exchange of best practises between the Member States with regard to promoting of successful integration of migrants further; notes that, especially in times of economic hardship, the most vulnerable in society, amongst whom are often migrants, are disproportionally be affected;
Amendment 152 #
2008/2330(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that the EU cshould try to influence the international agenda concerning the decent work agenda and actively promote compliance with International Labour Organisation conventions, human rights and fundamental freedoms, and that this could contribute to achieving world peace and also to the protection of the EU's interests and values; calls upon Member States speedily to ratify ILO conventions where they have not yet done so, in particular with regard to Convention 94 on labour clauses in public contracts;
Amendment 155 #
2008/2330(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Emphasises the fact that the development of the Community legal framework, either through primary or secondary legislation should in no way contradict international obligations in the framework of the ILO conventions; in that regard takes particular notice of the Community's obligations with regard to ILO Convention No 87 on the Freedom of Association and Protection of the Right to Organize and ILO Convention 98 on the Right to organise and collective bargaining; notes in that context that the non-ratification of ILO conventions or the potential contradictions between Community legislation and ILO conventions would undermine the efforts of the EU to promote workers' rights beyond its borders;
Amendment 156 #
2008/2330(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that the EU should aim for a globalisation process that is more socially inclusive and economically and environmentally sustainable; notes that the way in which corporations conduct business not only has a large economic impact but also has a significant social impact, within the EU as well as in third countries, in particular in developing countries; therefore urges the Commission actively to promote the concept of Corporate Social Responsibility, either through the promotion of soft law or through legislative proposals where appropriate;
Amendment 164 #
2008/2330(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Considers that, as a result of the free movement of persons within the internal market, in some parts of the EU, and, in particular, in larger cities, new problems are emerging in connection with the provision of emergency social protection for people who are unable to support themselves, putting extra pressure on (charitable) private and public services which provide emergency assistance, for example for the homeless or for marginalised population groups in our society; calls on the Commission to take stock of the scope of those problems and provide active support to Member States in dealing with them;
Amendment 176 #
2008/2330(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Notes that processes of outsourcing and subcontracting are on the increase; notes that, as a result, the complexity of the links between parent companies and their subsidiaries and between main contractors and their subcontractors or suppliers makes it more difficult to clearly perceive the diverse structures, operations and policies as well as the responsibilities or liability of the various actors in the production chain; calls for the establishment of a clear-cut Community legal instrument introducing joint and several liability at Community level;
Amendment 2 #
2008/2249(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 5 #
2008/2249(INI)
Motion for a resolution
Recital E
Recital E
E. whereas these changes have had far- reaching consequences for labour relations and sometimes make it difficult to clearly determine the branch of law applying to the relationships between the various elements of a production chain, and as a consequence the pricing and allocation of labour is no longer governed by the industry’s regulatory framework,
Amendment 6 #
2008/2249(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas subcontracting and outsourcing to legally independent firms does not lead to independency, and companies at a lower level in the value chain, with the exception of specialised subcontractors with high tech or other sophisticated activity, are often not in a position to act on an equal footing with main contractors,
Amendment 60 #
2008/2249(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Invites both sides of the industry to take the lead in the promotion of cooperative subcontracting for specific one-off tasks on the one hand, and for the restriction of the multiplication of subcontracting on the other, and welcomes the development of framework agreements that define social responsibility and liability in the chain as a complement to the necessary regulation;
Amendment 27 #
2008/2246(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on Member States which do not possess sanctions sufficient to act as a deterrent oneffective, proportional and dissuasive sanctions against employers who fail to respect the right of employees to be informed and consulted, to enact such sanctions;
Amendment 69 #
2008/2246(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission regularly to advocate improvements to the right of employees to be informed and consulted and to place this issue on agendas for the European Social Dialogue, at both interprofessional and sectoral levels;
Amendment 70 #
2008/2246(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the Commission to encourage the social partners to take proactive, positive steps to influence implementation at national level, for example through the dissemination of good practices;
Amendment 21 #
2008/2237(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on sectors with a large proportion of SMEs to invest (or continue investing) in sector-specific forms of occupational training and retraining with a view to contributing to continuity in the sector; calls on sectors with no experience of joint activities in occupational training to initiate such activities so that they may themselves make an active contribution to overcoming potential qualification shortages on the labour market;
Amendment 2 #
2008/2208(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that nanotechnology and the use of nanomaterials have potential benefits, including in terms of job creation; underlines, however, that products are being made today without knowing whether nanoparticles are released from them and what insufficient knowledge about the release of nanoparticles and their potential impacts they may have on human beings and the environment may be;
Amendment 5 #
2008/2208(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Furthermore, underlines that nanotechnology and nanomaterials throughout their whole life cycle raise major challenges for occupational health and safety as many workers along the production chain are exposed to these materials without knowing whether the safety procedures implemented and the protection measures taken are adequate and efficient; notes that the number and diversity of workers exposed to the effects of nanomaterials are expected to increase in the future;
Amendment 8 #
2008/2208(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises that prevention is of central importance in order to mitigate the risks and to eliminate potentially negative influences; emphasises that, as the scientific base needs to be improved, the precautionary principle has to be the guiding principle, along with the principle of the elimination of risk at source, in order to maintain a high level of protection of health and safety at work as well as of the environment;
Amendment 10 #
2008/2208(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines the importance of the Commission and Member States ensuring that the Framework Directive 89/391/EEC and its individual Directives, and in particular Directive 98/24/EC on hazardous chemical agents at work, are fully complied with; considers that the key elements of thisese Directives, with regard to nanomaterials, are the risk assessment, the protection and prevention (Article 7)measures, the information and consultation rights (Articles 10 and 11) and the right to be trained (Article 12); ;
Amendment 15 #
2008/2208(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Invites the Commission to consider submitting a proposal for an individual Directive in the frame of Directive 89/391/EEC as an adequate instrument to deal with the exposure of nanoparticles at the workplace, as soon as further research on the ‘knowledge gaps’, in particular with regard to hazards and exposure risks, will lead to improvement of a fulla comprehensive understanding of all properties and risks of those materials;
Amendment 17 #
2008/2208(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Considers that placing on the market has to take into account the free movement of products which can lead to secondary and end-use being in another country; considers therefore that requirements regarding customer information and the labelling of products have to be clarified, and inviturges the Member States to ensure the obligation to indicate, in the necessary languages, whether a product is nanobased socompliance with existing provisions on labelling and information in relation to nanomaterials, in the necessary languages, so as to ensure that workers are provided with transparent information and that a precautionary approach can be applied;
Amendment 20 #
2008/2208(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Underlines the need for a rapid improvement of the scientific knowledge and its uptake, in particular the research underpinning risk assessment and measurement, risk management and preveneffective risk prevention and protection measures in accordance with existing Community occupational health and safety legislation; considers it of utmost importance that possible health and safety at work implications are addressed at the same time as research on new applications is being undertaken; moreover considers it vital that a substantial part of the RTD budgets for nanotechnologies is earmarked to occupational health and safety, consumer protection and environmental considerations;
Amendment 7 #
2008/2172(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 8 #
2008/2172(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 11 #
2008/2172(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Invites the Commission to take stock of different initiatives to elaborate professional cards and to report to the European Parliament in a representative inventory.
Amendment 12 #
2008/2172(INI)
Motion for a resolution
Paragraph 11 - introductory wording
Paragraph 11 - introductory wording
11. Calls on the Commission to examine these initiatives and those presented by professionals in order to see whether a European professional card, in addition to other measures, could:
Amendment 9 #
2008/2154(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Supports the view that representative actions and opt-in collective actions should complement each other in such a way as to achieve a clear balance between protecting the interests of individual consumers and groups of consumers;
Amendment 10 #
2008/2154(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Supports the use of opt-in collective actions, but stresses the need to ensure that it always remains the free choice of the consumer whether or not to opt-in, without unwanted external interference in that decision;
Amendment 17 #
2008/2154(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the need to minimize the negative effects of disclosure of evidence with regard to competition should not be an a priori argument for the non- disclosure of evidence to consumers who (potentially) have a legitimate interest in seeking damages;
Amendment 25 #
2008/2154(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to adopt a consistent approach betweennd horizontal approach with regard to rules of collective redress in relation to competition law and rules envisaged in the general framework of consumer protection.
Amendment 1 #
2008/2085(INI)
Motion for a resolution
Title
Title
on Challenges to collective agreements and industrial relations in the EU
Amendment 2 #
2008/2085(INI)
Draft opinion
Recital B
Recital B
B. Whereas the principle of the free movement of services, as other freedoms of the internal market, are at the core of European integration and therefore those freedoms should not be regarded in any case as limitations to the collective bargainingpromotion of the transnational provision of services requires a climate of fair competition and measures guaranteeing respect for the rights of workers,
Amendment 6 #
2008/2085(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas the European Commission on several occasions has stressed the importance of the existing national regulatory framework of labour legislation and collective bargaining for the protection of workers rights,
Amendment 8 #
2008/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the need to maintain the balance between the freedom in the provision of services and the freedom of establishment on one side and securing adequate employees’ working condiaim to abolish barriers for the transnational provision of services and the guarantee to establish a regulatory frame for the protections on the othf workers;
Amendment 11 #
2008/2085(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas according to Article 136 EC, the Community and the Member States shall have as their objectives (...) “improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained”; and whereas with a view to achieving this objective, Article 140 of the EC Treaty provides that the Commission is to promote close cooperation between Member States in the social field, particularly in matters relating to the right of association and collective bargaining between employers and workers,
Amendment 11 #
2008/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out, taking into account ECJ rulings, that services providers from other Member States who are forced into negotiations on posted workers' working conditions other than required by the Directive 96/71/EC may lead to the restriction on the freedom to provide services; therefore collective actions aimed at service providers from other Member States should be undertaken in foreseeable way that Member States have the right to guarantee the observance of workers' rights as laid down in labour legislation and collective agreements as long as a climate of fair competition is kept upright;
Amendment 14 #
2008/2085(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas the Posting of Workers Directive clearly states in recital 12 that 'Community law does not preclude Member States from applying national legislation, or collective agreements entered into by employers and labour, to any person who is employed, even temporarily, within their territory, although his employer is established in another Member State' and that 'Community law does not forbid Member States to guarantee the observance of those rules by the appropriate means',
Amendment 21 #
2008/2085(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that furthere is no need to revise clarification of the provisions of the Directive on the posting of workers in the framework of the provision of services; is needed seen the different and contradictory interpretations in the juridical field.
Amendment 22 #
2008/2085(INI)
Motion for a resolution
Recital F
Recital F
F. Whereas Aarticle 3(8).8 of the PWD gives the possibility to implement the directive either through legislation, generally applicable collective arrangements or through other collective agreements which are considered the most representative; the ECJ also affirms that other methods, e.g. the autonomous collective bargaining model, may be used, or through collective agreements that have been declared universally applicable, or that are generally applicable to all similar undertakings in the industry concerned or that have been concluded by the most representative employers’ and labour organisations at national level and which are applied throughout the national territory; the ECJ also affirms that since the purpose of Directive 96/71 is not to harmonize systems for establishing terms and conditions of employment in the Member States, they are free to choose a system at the national level which is not expressly mentioned among those provided for in the PWD; however, the ECJ at the same time has limited this freedom by adding the condition that this is only so ‘provided that it does not hinder the provision of services between Member States’, thereby questioning the subsidiarity principle,
Amendment 32 #
2008/2085(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission and Member States to remedy shortcomings in the implementation, application and enforcement of the Directive 96/71/EC; urges the Commission to take appropriate actions against Member States that do not apply Community law in this area as interpreformulated by the European Court of Justicelegislator;
Amendment 34 #
2008/2085(INI)
Motion for a resolution
Recital K
Recital K
K. Whereas the ECJ in the Albany judgement (C- 67/96) in the field of competition law gave substantial and large space for trade unions to regulate labour market issues; in fact, at that time the ECJ rejected the direct horizontal effect forsocial partners to adopt measures to improve conditions of work and employment; in fact, having regard to the social objectives of the EU, the ECJ rejected the application of competition rules on collective bargainingagreements,
Amendment 36 #
2008/2085(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to provide more guidance to Member States on the posting of workers in the framework of the provision of services, taking into account European Court of Justice ruling in order to avoid further discrepancies regarding its interpretationthe guiding principles of the Posting of Workers Directive.
Amendment 38 #
2008/2085(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 39 #
2008/2085(INI)
Motion for a resolution
Recital L
Recital L
L. Whereas the ECJ in both the Laval and Rüffert cases made a completely different interpretation of European legislation than the advocate general, showing that different interpretations of the PWD are possible,
Amendment 55 #
2008/2085(INI)
Motion for a resolution
Recital N
Recital N
Amendment 63 #
2008/2085(INI)
Motion for a resolution
Recital O
Recital O
O. Whereas the ECJ in the Viking case introduces a horizontal direct effect of Articles 43 and 49 which can be used by employers and service providers to challenge collective agreements and industrial actions with a cross-border effect; the autonomy for collective bargaining from competition rules is thereby not extended to the field of free movement with a risk that industrial relations in the Member States will be put under legal scrutiny; trade unions are consequently being treated as emanations of the state, which they are clearly not; this also means that trade unions – different from the state – cannot use public policy justifications; consequently, this new uncertainty in industrial relations could result in a “flood” of cases to the ECJ,
Amendment 74 #
2008/2085(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that the freedom to provide services is aone of the cornerstones of the European project; however, this has to be balanced against fundamental rights and the possibilitysocial objectives anchored in the Treaties and the right for governments and trade unions to ensure non-discrimination and equal treatment, and the improvement of living and working conditions;
Amendment 93 #
2008/2085(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 105 #
2008/2085(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Emphasises that the freedom to provide services is not superior to the fundamental rights as laid down in the EU Charter of Fundamental Rights and in particular the right for trade unions to take industrial action, especially since this is a constitutional right in several Member States; emphasizes therefore that the ECJ rulings in Rüffert, Laval and Viking show that it is necessary to clarify that economic freedoms, as established in the Treaties, shall be interpreted in such a way as not infringing upon the exercise of fundamental social rights as recognised in the Member States and by Community law, including the right to negotiate, conclude and enforce collective agreements and to take collective action, and as not infringing upon the autonomy of social partners when exercising these fundamental rights in pursuit of social interests and the protection of workers;
Amendment 108 #
2008/2085(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that, even if – as the ECJ claimed in the Laval case – Article 3(7).7 of the PWD clearly states that trade unions should be able to demand terms and conditions of employment which are more favourable to workersmay have been drafted especially to ensure that the applicability of the mandatory rules of the host country as enumerated in Article 3.1 of the Posting Directive would not prevent the application of terms and conditions of employment which are more favourable to the worker pursuant to the law or collective agreements in the Member State of origin, the right of trade unions in the host country to demand terms and conditions of employment which are more favourable to workers can never be restricted as this is part of the fundamental right of freedom of association and collective bargaining;
Amendment 152 #
2008/2085(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement, if employees do not already receive more favourable conditions in the country of origin; concludes therefore in doing so the Court does not do justice to the letter and spirit of recital 12 of the Posting of Workers Directive;
Amendment 161 #
2008/2085(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Questions the introduction of a proportionality principle in the Viking case for the right to use collective action against undertakings which, when using the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;
Amendment 164 #
2008/2085(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasises that the EC’s economic freedoms cannot be interpreted as granting undertakings the right to exercise them for the purpose or with the effect of evading or circumventing national social and employment laws and practices, or for unfair competition on wages and working conditions; considers therefore that cross border actions of undertakings which may undercut terms and conditions of employment in the host country must be proportional and cannot be automatically justified by the Treaty provisions on free movement of services or freedom of establishment as such;
Amendment 180 #
2008/2085(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the fact that even though the PWD was formulated as a minimum standard directive, the ECJ determines that those minimum standards must be regarded as the maximum in the context of the Laval judgement; this approach causes great concerns as to whether any directives decided on the basis of a minimum approach are regarded as valid; if all directives in the social dimension were to be reformulated as maximum directives, as in the case of the PWD, the consequences would be enormous;
Amendment 187 #
2008/2085(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets that theas a direct consequence of the ECJ’s interpretation of the PWD in the Rüffert judgment, the scope for the introduction and implementation of social considerations referred to in Articles 26 and 27 inof Directive 2004/18, do (Public Procurement Directive), has been limited and according to the ECJ cannot include anymore terms and conditions of employment which go beyond the mandatory rules for minimum protection as interpreted by the ECJ; draws attention to the fact that this may create problems of legal consistency and legal complications for the 10 EU Member States that have ratified ILO Convention 94;
Amendment 231 #
2008/2085(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on all the Member States to implement and enforce the PWD properly;
Amendment 242 #
2008/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the ECJ has interpreted EU legislation in a way that was not the intention of the legislators;Expresses concerns that the ECJ rulings in the Viking, Laval and Rüffert cases have exposed loopholes, inconsistencies and weaknesses in European law and especially the PWD; therefore calls on the Commission, the Council and the EP to take immediate action to ensure the necessary changes in EU legislation to change the new practise of the ECJwhich would clarify the intentions of the legislators and lead to better regulation;
Amendment 247 #
2008/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 273 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 1
Paragraph 23 – indent 1
- a new or additional legal basis for the PWD to better protect workers; workers posted within the framework of services should be regarded as using the right of freedom of movement of workers and not, which would make reference to the free movement of workers provisions of the Treaty; it should be clarified that the free movement of services provisions were clearly intended to cover companies and self employed craftspersons and professionals providing services, whereas the moving around of workers would be covered by the free movement of serviceworkers provisions;
Amendment 274 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 1 a (new)
Paragraph 23 – indent 1 a (new)
Amendment 275 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 2
Paragraph 23 – indent 2
- a possibility in the Directive for Member States to refer in law or collective agrepublic procurements law to the 'habitual or prevailing wages' applicable on the basis of regulations or collective agreements in the place of work in the host country as defined in the ILO 94 and not only ‘minimum’ rates of payILO Convention 94;
Amendment 276 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 4
Paragraph 23 – indent 4
- an even clearer expression that the Directive and other EU legislation do not prohibit Member States and trade unions from demanding more favourable conditions for the worker established by law or through collective bargaining; and
Amendment 277 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5
Paragraph 23 – indent 5
- the recognition of a wider range of methods of organizing labour marketssetting terms and conditions of employment than those currently covered by Article 3(8) including in particular public procurement law;
Amendment 278 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5 a (new)
Paragraph 23 – indent 5 a (new)
- the recognition of Member States' wide margin of discretion in defining the public policy provisions referred to in Article 3.10 of the PWD, in accordance with the principle of subsidiarity;
Amendment 290 #
2008/2085(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 296 #
2008/2085(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Would welcome a move to summarize Urges the Commission, the Council and the European Parliament to ensure that also in primary law there is no ambiguity as to the fact that fundamental social rights are not hierarchically subordinate to the economic freedoms, as already recognized in secondary law, i.e. the social clauses that exist in the Monti directiveregulation and in the Services directive in a social clause, either, for instance through a protocol attached to the Treaty or in an inter- institutional agreementies at the next revision;
Amendment 304 #
2008/2085(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to put forward the long awaited Communication on transnational collective bargaining proposing the establishment of a legal framework for transnational collective agreements;
Amendment 5 #
2008/2026(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 10 #
2008/0414(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The transnational character of a matter should be determined by taking account of both the scope of its potential effects, and the level of management and representation that it involves. For this purpose, matters which concern the entire undertaking or group or at least two Member States, or which exceed the powers of the decision- making bodies in a single Member State in which employees that will be affected are employed, are considered to be transnational.
Amendment 13 #
2008/0414(COD)
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) Member States should ensure that measures taken in the event of a failure to comply with this Directive are adequate, proportional and dissuasive.
Amendment 15 #
2008/0414(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Where the structure of the undertaking or group of undertakings changes significantly, for example, due to a merger, acquisition or division, or a substantial change in its influence on the market, the existing European Works Council(s) must be adapted. This adaptation must be carried out as a priority pursuant to the clauses of the applicable agreement, if such clauses permit the required adaptation to be carried out. If this is not the case and a request establishing the need is made, negotiations, in which the members of the existing European Works Council(s) must be involved, will commence on a new agreement. In order to permit the information and consultation of employees during the often decisive period when the structure is changed, the existing European Works Council(s) must be able to continue to operate, possibly with adaptations, until a new agreement is concluded. Once a new agreement is signed, the previously established councils must be dissolved, and the agreements instituting them must be terminated, regardless of their provisions on validity or termination.
Amendment 17 #
2008/0414(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Matters shall be considered to be transnational where they concern the Community-scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States, or where they exceed the powers of the decision-making bodies in a single Member State in which employees that will be affected are employed.
Amendment 23 #
2008/0414(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees in each Member State by the Community- scale undertaking or Community-scale group of undertakings, by allocating in respect of each Member State in which at least 50 employees are employed one seat per portion of employees employed in that Member State amounting to 10%, or a fraction thereof, of the number of employees employed in all the Member States taken together;
Amendment 29 #
2008/0414(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The information provided to, and consultation of, the European Works Council shall relate to the matters referred to in point 1(a) of Annex I.
Amendment 36 #
2008/0414(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Amendment 42 #
2008/0414(COD)
Proposal for a directive
Article 14
Article 14
Amendment 44 #
2008/0414(COD)
Proposal for a directive
Annex I – point 1 – point a – paragraph 2
Annex I – point 1 – point a – paragraph 2
The information and consultation of the European Works Council shall relate in particular to the structure, economic and financial situation, probable development and production and sales of the Community-scale undertaking or group of undertakings. The information and consultation of the European Works Council shall relate in particular to, the situation and probable trend of employment, investments, and substantial changes concerning organisation, introduction of new working methods or production processes, transfers of production, mergers, cut-backs or closures of undertakings, establishments or important parts thereof, and collective redundancies.
Amendment 47 #
2008/0414(COD)
Proposal for a directive
Annex I – point 1 – point c
Annex I – point 1 – point c
(c) The members of the European Works Council shall be elected or appointed in proportion to the number of employees in each Member State by the Community- scale undertaking or Community-scale group of undertakings, by allocating in respect of each Member State in which at least 50 employees are employed one seat per portion of employees employed in that Member State amounting to 10%, or a fraction thereof, of the number of employees employed in all the Member States taken together;
Amendment 54 #
2008/0414(COD)
Proposal for a directive
Annex I – point 3 – paragraphs 1 and 2
Annex I – point 3 – paragraphs 1 and 2
3. Where there are exceptional circumstancesF or decisionproposed measures affecting the employees' interests to a considerable extent, particularly in the event of relocations, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council shall have the right to be informed. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Community-scale undertaking or group of undertakings having its own powers of decision, so as to be informed and consulted. Those members of the European Works Council who have been elected or appointed by the establishments and/or undertakings which are directly concerned by the circumstances or decisionproposed measures in question shall also have the right to participate where a meeting is organised with the select committee.
Amendment 37 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 2 – point d a (new)
Article 1 – point 2 – point d a (new)
Directive 2002/15/EC
Article 3 – point h
Article 3 – point h
(da) Article 3 (h) is amended as follows: (h) 'night time' shall mean the period between 00.00 and 06.00 hours;
Amendment 40 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Directive 2002/15/EC
Article 3 – point i
Article 3 – point i
(e) point (i) is replaced by the following: "(i) 'night work' shall mean work during a period of work which includes at least twoone hours work performed during night time. "
Amendment 22 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 92/85/EEC
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
-1. In Article 1, the following point is inserted: "1a.This Directive also aims to improve the work-related conditions for pregnant workers and workers who have recently given birth, who remain or return to the labour market, and to achieve a better reconciliation of professional, private and family life."
Amendment 23 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 92/85/EEC
Article 2 – point a
Article 2 – point a
-1a. In Article 2, point a is replaced by the following: "(a) pregnant worker shall mean a pregnant worker, including a domestic worker, who informs her employer of her condition, in accordance with national legislation and/or national practice;"
Amendment 24 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 92/85/EEC
Article 2 – point b
Article 2 – point b
-1b. In article 2, point b is replaced by the following: "(b) worker who has recently given birth shall mean a worker, including a domestic worker, who has recently given birth within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice;"
Amendment 25 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point - 1 c (new)
Article 1 – point - 1 c (new)
Directive 92/85/EEC
Article 2 – point c
Article 2 – point c
-1c. In article 2, point c is replaced by the following: "(c) worker who is breastfeeding shall mean a worker, including a domestic worker, who is breastfeeding within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice."
Amendment 26 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 92/85/EEC
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
-1d. In Article 3(1), the following paragraph is inserted: "The guidelines referred to in the first subparagraph shall be regularly evaluated with a view to their revision, at least once every five years, starting in 2012."
Amendment 27 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point - 1 e (new)
Article 1 – point - 1 e (new)
Directive 92/85/EEC
Article 4 – title
Article 4 – title
-1e. In Article 4 the title is replaced by the following: "Assessment and, information and consultation"
Amendment 28 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 f (new)
Article 1 – point -1 f (new)
Directive 92/85/EEC
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1f. In Article 4, the following paragraph is inserted: "-1. In the risk assessment carried out under Directive 89/391/EEC, the employer shall include reproductive risks for male and female workers."
Amendment 29 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 92/85/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 30 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 h (new)
Article 1 – point -1 h (new)
Directive 92/85/EEC
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
-1h. In Article 4(1), the first indent is replaced by the following: "- assess any risks to the safety or health and any possible effect on the pregnancies or breastfeeding of workers within the meaning of Article 2 and workers likely to be in one of the situations referred to in Article 2,"
Amendment 31 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 i (new)
Article 1 – point -1 i (new)
Directive 92/85/EEC
Article 4 – paragraph 2
Article 4 – paragraph 2
-1i. In Article 4, paragraph 2 is replaced by the following: "2. Without prejudice to Article 10 of Directive 89/391/EEC, workers within the meaning of Article 2 and workers likely to be in one of the situations referred to in Article 2 in the undertaking and/or establishment concerned and/or their representatives and the relevant social partners shall be informed of the results of the assessment referred to in paragraph 1 and of all measures to be taken concerning health and safety at work."
Amendment 32 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 j (new)
Article 1 – point -1 j (new)
Directive 92/85/EEC
Article 5 – paragraph 2
Article 5 – paragraph 2
-1j. In Article 5, paragraph 2 is replaced by the following: "2. If the adjustment of her working conditions and/or working hours is not technically and/or objectively feasible, [...] the employer shall take the necessary measures to move the worker concerned to another job."
Amendment 33 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 k (new)
Article 1 – point -1 k (new)
Directive 92/85/EEC
Article 5 – paragraph 3
Article 5 – paragraph 3
-1k. In Article 5, paragraph 3 is replaced by the following: "3. If moving her to another job is not technically and/or objectively feasible, [...] the worker concerned shall be granted leave in accordance with national legislation and/or national practice for the whole of the period necessary to protect her safety or health."
Amendment 34 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 l (new)
Article 1 – point -1 l (new)
Directive 92/85/EEC
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
-1l. In Article 7(2), point b is replaced by the following: "(b) leave from work or extension of maternity leave where such a transfer is not technically and/or objectively feasible. [...]"
Amendment 123 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 -point d
Article 1 – point 3 -point d
Directive 92/85/EEC
Article 11 – paragraph 5
Article 11 – paragraph 5
5.Member States shall take the measures necessary to ensure that workers, within the meaning of Article 2, may, during maternity leave or when returning from maternity leave, as provided for in Article 8, request changes to their working hours and patterns, and that employers shall be obliged to consider such requests, taking employers' and workers' needs into account with a view to promoting greater reconciliation between professional, private and family life. An employer may refuse such a request only if the organisational disadvantages for the employer are disproportionately greater than the benefit to the worker.
Amendment 37 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 4 – point (a)
Article 1 – point 4 – point (a)
Regulation (EC) No 717/2007/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This average wholesale charge shall apply between any pair of operators and shall be calculated over a twelve month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0.28 and EUR 0.26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.2316, EUR 0.2014 and EUR 0.172 on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectively.
Amendment 43 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 5 – point (a)
Article 1 – point 5 – point (a)
Regulation (EC) No 717/2007/EC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.4033, EUR 0.371, and EUR 0.3429 and for calls received to EUR 0.16, EUR 0.13 and EUR 0.10, on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectively.
Amendment 58 #
2008/0160(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 64 #
2008/0160(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 66 #
2008/0160(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The fundamental economic and social interests of Inuit communities traditionally engaged in the hunting of seals as a means to ensure their subsistence should not be adversely affected. The hunt is an integrated part of the culture and the identity of the members of the Inuit society. It represents a source of income and contributes to the subsistence of the hunter. Therefore, it is appropriate to provide for the possibility of derogations from the general ban on the placing on the market and the import to, or export form, the Community, of seal products deriving from hunts traditionally conducted by Inuit communities and which contributeare vital to their subsistence should not be covered by the prohibitions provided for in this Regulation, insofar as the appropriate conditions based on animal welfare are met and insofar as these conditions can be effectively enforced by the relevant authorities. To that effect, criteria should be provided for, compliance with which should ensure that seals are killed and skinned without causing avoidable pain, distress or other forms of suffering. Any such derogation should be granted at Community level so that uniform conditions apply throughout the Community with respect to the trade specifically allowed under these derogations and the smooth functioning of the internal market is preserved.
Amendment 71 #
2008/0160(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Seal products should only be placed on the market, imported, transiting, or exported if they meet the conditions provided for to that effect by this Regulation. However, if placed on the market, imported or exported in accordance with a derogation granted under this Regulation, seal products should also comply with the relevant Community legislation, including animal health and food and feed safety provisions, as appropriate. This Regulation should not affect the obligations under Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption concerning the disposal of seal products for public and animal health reasons.
Amendment 75 #
2008/0160(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Appropriate requirements should be provided for ensuring that derogations to trade prohibitions on seal products deriving from hunts traditionally conducted by Inuit communities can be properly enforced under this Regulation. To that effect, provisions should be made relating to certification schemes as well as on labelling and marking. Certification schemes should ensure that seal products from Inuit communities are certified as coming from seals which have been killed and skinned in accordance with the appropriate requirements, which are effectively enforced, and whose object is to ensure that seals are killed and skinned without causing avoidable pain, distress and any other form of suffering.
Amendment 80 #
2008/0160(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In particular, the Commission should be empowered to adopt all measures necessary to ensure that procedures are in place allowing applications for derogation to the trade prohibitions of seal products deriving from hunts traditionally conducted by Inuit communities set out in this Regulation to be lodged and handled in an efficient manner, as well as to ensure the proper implementation of the provisions of this Regulation concerning certification schemes and labelling and marking. Since those measures are of a general scope and are designed to amend non-essential elements of this Regulation by supplementing it, inter alia , by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. The Commission should also be empowered to decide on derogations to trade prohibitions of seal products deriving from hunts traditionally conducted by Inuit communities under this Regulation, suspension or revocation thereof. Since those measures are adopted to ensure the management of the scheme provided for in this Regulation and apply it in individual cases, they must be adopted in accordance with the management procedure provided for in Article 4 of Decision 1999/468/EC.
Amendment 92 #
2008/0160(COD)
Proposal for a regulation
Article 2 – point 7
Article 2 – point 7
Amendment 97 #
2008/0160(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Paragraph 1 shall not apply to seal products resulting from hunts traditionally conducted by Inuit communities and which are vital to their subsistence and where the following conditions are met: a) they have been obtained from seals killed and skinned in a countribute to their subsistence. y where, or by persons to whom, adequate legislative provisions or other requirements apply ensuring effectively that seals are killed and skinned without causing avoidable pain, distress and any other form of suffering; (b) the legislative provisions or other requirements referred to in point (a) are effectively enforced by the relevant authorities; (c) an appropriate scheme is in place whereby seal products, including seal skins and other raw materials derived from seals used to produce seal products, are certified as coming from seals to which the conditions laid down in points (a) and (b) apply, and (d) the fulfilment of the conditions laid down in points (a), (b) and (c) is evidenced by: (i) a certificate, and (ii) a label or marking, where a certificate does not suffice to ensure the proper enforcement of this Regulation, in accordance with Articles 6 and 7.
Amendment 105 #
2008/0160(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 113 #
2008/0160(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. ApplicantInuit communties requesting a derogation which demonstrate to the satisfaction of the Commission that the conditions provided for in Article 4(1) are met shall be granted a derogation.
Amendment 23 #
2008/0142(COD)
Proposal for a directive
Title
Title
Proposal for a Directive of the European Parliament and of the Council on the application of patients’ rights in cross- border healthcareuse of healthcare abroad by individual patients
Amendment 25 #
2008/0142(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 95 and 16 thereof,
Amendment 30 #
2008/0142(COD)
Proposal for a directive
Title
Title
Proposal for a Directive of the European Parliament and of the Council on the application of patients’ rights in cross- border healthcareuse of healthcare abroad by individual patients
Amendment 32 #
2008/0142(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 95 and 16 thereof,
Amendment 61 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provisionuse of safe, high quality and efficient cross-bordehealthcare abroad by individual patients who choose, of their own accord, to travel for healthcare.
Amendment 65 #
2008/0142(COD)
Proposal for a directive
Article 2
Article 2
Amendment 66 #
2008/0142(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a In order to accomplish the missions of general interest entrusted to their health care systems Member States shall follow in the application of this Directive the principles of general interest; i.e. universality, accessibility to good quality care, equity, solidarity, and affordability of health services. In order to guarantee a high level of public health as required by Article 152 of the EC Treaty, Member States should give prevalence to these principles, in the event that the provisions of this Directive conflict with the principles.
Amendment 77 #
2008/0142(COD)
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) "cross-border healthcare" means healthcare provided in a Member State other than that where thereceived by a patient isn an insured person or healthcare provided in aother Member State other than that where the healthcare provider resides, is registered or is establishedpatient is an insured person;
Amendment 78 #
2008/0142(COD)
Proposal for a directive
Article 4 – point c
Article 4 – point c
(c) "use of healthcare in another Member State" means healthcare providreceived in thea Member State other than that where the patient is an insured person.
Amendment 81 #
2008/0142(COD)
Article 4 – point h a (new)
(ha) Where, due to the application of Regulation (EC) 1408/71 and Regulation (EC) 883/04 respectively, the health insurance body in the Member State of residence of the patient is responsible for the provision of benefits according to the legislation of that state, then that Member State is regarded as the Member State of affiliation for the purposes of this Directive;
Amendment 85 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 - introductory part
Article 5 – paragraph 1 - introductory part
1. The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and taking into accounton the basis of principles of universality, access to good quality care, equity and solidarity, they shall define clear quality and safety standards for healthcare provided on their territory, and ensure that:
Amendment 86 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 - point a a (new)
Article 5 – paragraph 1 - point a a (new)
(aa) These quality and safety standards are made publicly available in a clear and accessible format for citizens;
Amendment 91 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 - point g a (new)
Article 5 – paragraph 1 - point g a (new)
(ga) The public authorities in the Member State of treatment shall monitor regularly the accessibility, quality and financial state of their healthcare systems on the basis of the data collected under Article 18. They shall take timely measures to maintain the level of public health and the financial sustainability of the social security systems.
Amendment 92 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 - point g b (new)
Article 5 – paragraph 1 - point g b (new)
(gb) Member States shall define clearly patients’ rights and people’s rights in relation to healthcare, in accordance with the European Charter of Fundamental Rights.
Amendment 102 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
The costs of healthcare provided in another Member State shall be reimbursed byor paid for by the social security system of the Member State of affiliation in accordance with the provisions of this Directive up to the level of costs that would have been assumed had the same or similar healthcare been provided in the Member State of affiliation, without exceeding the actual costs of healthcare received. Member States may decide to cover other related costs, such as accommodation and travel costs.
Amendment 107 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provisionuse of safe, high quality and efficient cross-border healthcarehealthcare abroad by individual patients who choose to travel for healthcare of their own accord.
Amendment 118 #
2008/0142(COD)
Proposal for a directive
Article 2
Article 2
Amendment 124 #
2008/0142(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
In order to accomplish the missions of general interest entrusted to their health care systems Member States shall follow in the application of this Directive the principles of general interest; i.e. universality, accessibility to good quality care, equity, solidarity, and affordability of health services . In order to guarantee a high level of public health as required by Article 152 EC Treaty Member States should give prevalence to these principles, if the provisions of this Directive conflict with the principles.
Amendment 142 #
2008/0142(COD)
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) "cross-border healthcare" means healthcare provided in a Member State other than that where theused by a patient isn an insured person or healthcare provided in aother Member State other than that where the healthcare provider resides, is registered or is establishedpatient is an insured person;
Amendment 143 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
The Member State of affiliation may provide for a system of prior authorisation for reimbursement or payment by its social security system of the cost of hospital care provided in another Member State where the following conditions are met, had the healthcare been provided in its territory, it would have been assumed by the Member State’s social security system. The purpose of the system is:
Amendment 144 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3 – Point (a)
Article 8 – paragraph 3 – Point (a)
(a) had the healthcare been provided in its territory, it would have been assumed byto maintain the financial balance and sustainability of the Member State'’s social security system; and
Amendment 145 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance ofo ensure that patients are protected and are guaranteed, by a prior authorisation system, financial coverage of the treatment they receive in the Mmember Sstate's social security system; and/or (ii) of treatment; and (ba) to guarantee the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member State.
Amendment 148 #
2008/0142(COD)
Proposal for a directive
Article 4 – point c
Article 4 – point c
(c) "use of healthcare in another Member State" means healthcare providused in thea Member State other than that where the patient is an insured person.
Amendment 149 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Nothing in the Directive requires healthcare providers to accept for planned treatment or to prioritise patients from other Member States to the detriment of other patients with similar health needs, such as through increasing waiting time for treatment.
Amendment 153 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Prior authorisation application systems must be made available at a local/regional level and must be accessible and transparent to patients. The rules for application and refusal of prior authorisation must be available in advance of an application so that the application can be made in a fair and transparent way.
Amendment 164 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
Member States shall, when setting out the time limits within which requests for the use of healthcare in another Member State must be dealt with, take into account and set out criteria by which they measure:
Amendment 175 #
2008/0142(COD)
Proposal for a directive
Article 11 – Title
Article 11 – Title
Applicable rules to healthcare providreceived in another Member State
Amendment 176 #
2008/0142(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
When healthcare is providreceived in a Member State other than that where the patient is an insured person, or in a Member State other than that where the healthcare provider resides, is registered or established, such healthcare service is provided according to the legislation of the Member State of treatment in accordance with Art. 5.
Amendment 177 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) These quality and safety standards are made publicly available in a clear and accessible format for citizens;
Amendment 195 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) Member States define clearly patients’ rights and people’s rights’ in relation to healthcare in accordance with the European Charter of Fundamental Rights.
Amendment 273 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement/payment by its social security system of the cost of hospital care provided in another Member State where the following conditions are met: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State'’s social security system; and (b) t. The purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance of the Member State's social security system; and/or (ii): (a) to protect the financial balance and sustainability of Member State’s social security systems; and (b) to ensure that patients are protected and are guaranteed by a prior authorisation system, financial coverage of the treatment they receive in the Member State of treatment; and (c) to guarantee the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member State.
Amendment 280 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Nothing in the Directive requires healthcare providers to accept planned treatment or to prioritise patients from other Member States to the detriment of other patients with similar health needs, such as through increasing waiting time for treatment.
Amendment 289 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4 a – (new)
Article 8 – paragraph 4 a – (new)
4a. Prior authorisation application systems must be made available at a local/regional level and must be accessible and transparent to patients. The rules for application and refusal of prior authorisation must be available in advance of an application so that the application can be made in a fair and transparent way.
Amendment 328 #
2008/0142(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Applicable rules to healthcare providused in another Member State
Amendment 329 #
2008/0142(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. When healthcare is providused in a Member State other than that where the patient is an insured person, or in a Member State other than that where the healthcare provider resides, is registered or established, such healthcare service is provided according to the legislation of the Member State of treatment in accordance with Art. 5.
Amendment 51 #
2008/0098(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The performance of a construction product is not only defined in terms of technical capabilities and essential characteristics, but also in terms of the health and safety aspects related to the use of the product during its entire lifecycle.
Amendment 84 #
2008/0098(COD)
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
3. "‘essential characteristics"’ means those characteristics of the construction product which relate to the basic works requirements; . They include: (a) the ‘essential European characteristics’ determined for each family of products laid down by the Commission in Annex IV, Table 1, in the context of the regulatory procedure with scrutiny provided for in Article 51(2); (b) the ‘essential territorial characteristics’ determined by each Member State for each family of products. The essential characteristics of construction products shall be laid down in harmonized technical specifications in relation to the basic works requirements which are set out in Annex I. Issues of general interest such as health, safety and the environment must be listed as essential European characteristics. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 109 #
2008/0098(COD)
Proposal for a regulation
Article 2 – point 20 a (new)
Article 2 – point 20 a (new)
20a. ‘performance’ means the essential capabilities of a product, including health and safety aspects, throughout its entire lifecycle.
Amendment 150 #
2008/0098(COD)
Proposal for a regulation
Article 5 - paragraph 2 - point c a (new)
Article 5 - paragraph 2 - point c a (new)
(ca) a declaration of the content of components and substances that require safe handling and special disposal management.
Amendment 204 #
2008/0098(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
2. Harmonised standards shall provide the methods and the criteria for assessing the performance of the construction products in relation to their essential characteristics taking into account all relevant requirements of other applicable Community legislation.
Amendment 282 #
2008/0098(COD)
Proposal for a regulation
Annex I - paragraph 1
Annex I - paragraph 1
Construction works as a whole and in their separate parts must be fit for their intended use taking into account the health and safety of persons involved throughout the lifecycle of the works.
Amendment 283 #
2008/0098(COD)
Proposal for a regulation
Annex I - Part 3 - introductory wording
Annex I - Part 3 - introductory wording
The construction works must be designed and built in such a way that they will not be a threat neither to the hygiene nor health and safety of theworkers, occupants and neighbours throughout their lifecycle, nor exert an exceedingly high impact over their entire life cycle to the environmental quality nor to the climate, during their construction, use and demolition, in particular as a result of any of the following:
Amendment 284 #
2008/0098(COD)
Proposal for a regulation
Annex I - Part 4
Annex I - Part 4
The construction works must be designed and built in such a way that they do not present unacceptable risks of accidents in service or in operationthroughout their lifecycle such as slipping, falling, collision, burns, electrocution, and injury from explosionexposure to hazardous substances and injury from explosion. The construction products used must be safe for transport, use and handling.
Amendment 280 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 5
Annex II – Part I – point 4 – subparagraph 5
Toys firmly attached to a food product at the moment of consumption, in such a way that the food product needs to be consumed in order to get direct access to the toy, shall be prohibitmust be of such dimensions as to prevent it being swallowed and/or inhaled.
Amendment 7 #
2007/2290(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas a generic increase of the pensionable age, based on the general trend of an increase in life expectancy, insufficiently takes into account that there are still numerous branches of industry in which life expectancy of workers seriously lags behind,
Amendment 8 #
2007/2290(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas social partners in general, and in those branches of industry with workers with a lower than average life expectancy in particular, have a serious responsibility with regard to the in - and outflow of workers and can be the primary supporting parties in ensuring an effective age-conscious personnel policy,
Amendment 30 #
2007/2290(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that sources of economic growth will alter: eimployment will make a positive contribution to growth until 2010 and after 2030 a negative one, and labour productivityroved labour productivity and technological innovations will thus become a dominant sources of growtheconomic growth due to demographic changes; recognises that, to preserve a higher level of productivity, it will be essential to invest more in research and development, in which connection the synergy between technological and social innovation should be assigned high priority;
Amendment 50 #
2007/2290(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that a decreasing work force will, if the present situation continues, lead to a decrease in the total number of hours worked; considers that it may be necessary to compensate this development by increasing the hours worked by the remaining workers or reducing the number of people who work part-time; considers moreover that sections of the population which have a large labour potential, such as people with disabilities, women, younger people and older people, should be encouraged to undergo in-service training and retraining in order to promote participation in employment;
Amendment 54 #
2007/2290(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 63 #
2007/2290(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that it might be necessary for people to work past the age 65, remaining as long as possible Stresses the need to discuss at national level raising the labour force; stresses the need to discuss raising the legal retirement ageegal retirement age and/or encouraging people to remain at work;
Amendment 65 #
2007/2290(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. calls upon social partners, amongst others on the basis of experience gained in various sectors, to negotiate tailor made sector based measures in relation to the outflow of ageing workers in general and a age-conscious personnel policy in particular;
Amendment 77 #
2007/2290(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Draws attention to the existing discrimination against vulnerable groups in the labour market, which leads to lower employment rates and lower wages and therefore fewer opportunities for those groups to builtd up adequate pensions; considers, moreover, that younger people need to be more aware of the building-up of pension entitlements; insists on the need to provide equal opportunities for all;
Amendment 87 #
2007/2290(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls upon the Member States to take serious account of the need to redesign traditional pension systems which are based on systematic risk assessments and the assumption of a typical, standard life course, given that the assumed standard life course is changing rapidly and so-called patchwork biographies will become more and more common, leading to the new social risk of increasing unpredictability for many individuals and for vulnerable groups in particular, especially immigrants, women, low-skilled workers, and single parents; points out that it is also necessary to redesign pension systems in order to create a flexible labour market;
Amendment 76 #
2007/0288(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) The mobility of highly qualified third- country workers between the Community and their countries of origin should be fostered and sustained. Derogations from Council Directive 2003/109/EC of 25 November 2003 on the status of third- country nationals who are long-term residents should be foreseen in order to extend the period of absence from the territory of the Community which is not taken into account for the calculation of the period of legal and continuous residence necessary to be eligible for the EC long- term residence status. Longer periods of absence than those provided for in Council Directive 2003/109/EC should also be allowed after highly qualified third-country workers have acquired EC long-term residence status. In particular, to encourage the circular migration of highly qualified third-country workers originating from developing countries, Member States should take into consideration making use of the possibilities offered in Article 4(3), second subparagraph, and Article 9(2) of Council Directive 2003/109/EC to allow for longer periods of absence than those provided for in this Directive. In order to ensure consistency in particular with the underlying development objectives, these derogations should only be applicable if it can be proven that the person concerned has returned to his/her country of origin for work, study or volunteering activities.
Amendment 77 #
2007/0288(CNS)
Proposal for a directive
Recital 20
Recital 20
(20) In implementing this Directive, Member States should refrain from pursuing active recruitment in developing countries in sectors suffering from lack of human resources. E, in sectors which could hinder the ability of developing countries to deliver basic social services or in sectors vital to achieving the UN- Millennium Development Goals, in particular the health and educational sectors. In the abovementioned sectors ethical recruitment policies and principles applicable to both public and private sector employers should be developed, in particular in the health and education sector, as underlined in the Council and Member States' conclusions of 14 May 2007 on the European Programme for Action to tackle the critical shortage of health workers in developing countries (2007-2013). These should be strengthened by the development of mechanisms, guidelines and other tools to facilitate circular and temporary migration, as well as other measures that would minimise negative and maximise positive impacts of highly skilled immigration on developing countries. Any such intervention must be taken along the lines of the Joint Africa-EU Declaration on Migration and Development agreed in Tripoli on 22 and 23 November 2006 and with a view of establishing a comprehensive migration policy as called for by the European Council of 14 and 15 December 2006. It should also be taken in consultation with the social partners in both the countries of origin and the receiving countries, in relevant sectors. Member States shall abide by codes of conduct when they implement their policies of admission of highly qualified workers.
Amendment 78 #
2007/0288(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) Specific reporting provisions should be foreseen to monitor the implementation of the highly qualified scheme, also with a view to identifying and possibly counteracting its possible impacts in terms of brain drain in developing countries, especially in Sub- Saharan Africa. Data on the professions and the nationality of highly qualified immigrants admitted by Member States and an overview of sector based ethical recruitment policies should therefore be transmitted annually by Member States through the network created for these purposes by Council Decision 2006/688/EC of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration. The collected data referred to and an overview of the sector based ethical recruitment policies should be submitted to the European Parliament on an annual basis by the Council.
Amendment 81 #
2007/0288(CNS)
Proposal for a directive
Article 2 – point (g)
Article 2 – point (g)
(g) ‘higher education qualification’ stands for any degrees, diplomas or other certificates issued by a competent authority attesting the successful completion of a higher education programme, namely a set of courses provided by an educational establishment recognised as a higher education institution by the State in which it is situated. These qualifications are taken into account, for the purposes of this directive, on condition that the studies needed to acquire them lasted at least three years. Recognition of diplomas and other evidence of formal qualifications issued shall be based on levels 5 and 6 of the International Standard Classification of Education (ISCED 1997);
Amendment 88 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to third- country nationals who apply to be admitted to the territory of a Member State for the purpose of highly qualified employment as well as third-country nationals already legally resident under other schemes in that Member State who apply for a Blue Card.
Amendment 91 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. TMember States may decide that this Directive shall not apply to
Amendment 94 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point (b)
Article 3 – paragraph 2 – point (b)
Amendment 96 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point (c)
Article 3 – paragraph 2 – point (c)
Amendment 99 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive should be without prejudice to any future agreement between the Community or between the Community and its Member States on the one hand and one or more third countries on the other, that would list the professions which should not fall under this directive in order to assure ethical recruitment, in sectors suffering from a lack of personnel, in sectors which could hinder the ability of developing countries to deliver basic social services or in sectors vital to achieving the UN Millennium Development Goals, in particular the health and education sectors, by protecting human resources in the developing countries, signatories to these agreements.
Amendment 101 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. This directive shall apply without prejudice to applicable collective agreements or practices in the relevant occupational branches.
Amendment 111 #
2007/0288(CNS)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In addition to the conditions stipulated in paragraph 1, the gross monthly salary specified in the work contract or binding job offer must not be inferior to a national salary threshold defined and published for the purpose by the Member States which shall be at least three times the minimum gross monthly wage as set by national law. Member States where minimum wages are not defined shall set the national salary threshold to be at least three times the minimum income under which citizens of the Member State concerned are entitled to social assistance in that Member State, or to be in line with applicable collective agreements or practices in the relevant occupation branchesequal to the National Eurostat Index Average gross annual earnings in industry and services. The gross monthly salary specified in the work contract or binding job offer shall not be inferior to the wages which apply or would apply to a comparable worker in the host country.
Amendment 118 #
2007/0288(CNS)
Proposal for a directive
Article 6 – point (a)
Article 6 – point (a)
(a) Member States shall consider fulfilled the condition set out in Article 5(2) if the gross monthly salary offered corresponds to at least two–-thirds of the national salary threshold defined in accordance with Article 5(2); , this shall be without prejudice to the principle of equal treatment as referred to in Article 5(2) second indent;
Amendment 132 #
2007/0288(CNS)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Member State concerned shall grant the third-country national whose application has been accepted every facility to obtain the requisite visas. By issuing an EU Blue Card the Member State concerned commits itself to issuing relevant documentation and visas, where applicable, as speedily as possible, but at least at a reasonable period of time before the applicant would commence employment on the basis of which the Blue Card was granted, unless the Member State cannot reasonable be expected to do so due to time restraints as a result of a late application for a EU Blue Card by either employer or third country national concerned.
Amendment 133 #
2007/0288(CNS)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. By way of derogation from paragraph 2, Member States mayshould accept, in accordance with their national legislation, an application submitted when the third- country national concerned is not in possession of a residence permit but is legally present in its territory.
Amendment 157 #
2007/0288(CNS)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 162 #
2007/0288(CNS)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 169 #
2007/0288(CNS)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 179 #
2007/0288(CNS)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Annually, and for the first time no later than 1 April of [one year after the date of transposition of this Directive], Member States shall communicate to the Commission and the other Member States through the network established by Decision 2006/688/EC statistics on the volumes of third-country nationals who have been granted, renewed or withdrawn an EU Blue Card during the previous calendar year, indicating their nationality and their occupation. Statistics on admitted family members shall be communicated likewise. For holders of the EU Blue Card and members of their families admitted in accordance with the provisions of Articles 19 to 21, the information provided shall in addition specify the Member State of previous residence. Additionally, Member States should communicate an overview of sector based ethical recruitment policies to the Commission and the other Member States through the network established by Decision 2006/688/EC. The collected data referred to and an overview of the sector based ethical recruitment policies shall be submitted to the European Parliament on an annual basis by the Council.
Amendment 27 #
2007/0279(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Those laws and regulations of Member States therefore need to be harmonised in such a way as to simplify the intra- community transfer of defence related products in order to, with the aim of ensureing proper functioning of the internal market. and an effective and coherent policy with regard to arms exports in accordance with the objectives of the CFSP as enshrined in the Treaties, amongst which are the promotion and preservation of human rights, peace, security and stability.
Amendment 29 #
2007/0279(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This directive should cover all the defence-related products which correspond to those listed in the Common Military List of the European Union10 including sub- systems, components, spare parts, technology transfer, maintenance and repair. Anti-personnel mines and cluster munitions, including sub-systems, components, spare parts, technology transfer, maintenance and repair, should be excluded from the scope of this Directive. The use, development, production, stockpiling, storage, acquisition, retaining and transfer to anyone, directly or indirectly, of both anti- personnel mines and cluster-ammunition should be prohibited.
Amendment 31 #
2007/0279(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Any transfer of defence related products within the European Community should be subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State where the supplier is established. In line with the principles constituting the internal market the authorisation should be valid throughout the Community and in principle no further prior authorisations for the transit through other Member States or for import in other Member States should be necessary.
Amendment 32 #
2007/0279(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to facilitate transfers of defence related products, general licences should be published by Member States’ regulation providing authorization to transfer defence related products to any companyies fulfilling the terms and conditions defined in each general licence. Member States may decide to (temporarily) exclude certain receiving companies from general licences in accordance with Article 30 or 296 of the EC Treaty or in cases where serious concerns have arisen as to the willingness or ability of the company concerned to comply with the terms and conditions applicable to the transfer licences as set out by the Member State that issued the licence.
Amendment 33 #
2007/0279(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Member States should be able to publish further general licences for the in cases where theno likely risks for the preservation of human rights, peace, security and stability are lowexist in view of the nature of the products and the recipients.
Amendment 36 #
2007/0279(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Member States cooperate in the framework of the European Union Code of Conduct on Arms Exports, adopted by the Council on 8 June 1998, through voluntary application of common criteria as well as denial notification and consultation mechanisms in view of increasing convergence in the application of their export policies of defence related products to third countries. Member States reserve the right to refuse, withdraw, or suspend the effect of, (general) transfer licences to certain suppliers or recipients, if they deem this necessary in order to comply with the above-mentioned Code of Conduct, the Council Common Position 2003/468/CFSP on the control of arms brokering1 and other international commitments with respect to arms related exports control. 1 OJ L 156, 25.6.2003, p. 79.
Amendment 37 #
2007/0279(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Suppliers should inform both recipients and the relevant authorities of the Member State in which the recipient is located of any limitations attached to the transfer licences in order to allow the building of mutual trust in the ability of the recipients to respect such limitations after the transfer, in particular in the case of a request for export to third countries.
Amendment 38 #
2007/0279(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to facilitate mutual confidence, recipients of transferred defence related products shouldall refrain from the export of those products where the transfer licence contains export limitations.
Amendment 39 #
2007/0279(COD)
Proposal for a directive
Recital 33
Recital 33
(33) CAt the moment of export to a third country, companies should furnish proof of the export licence at the common external frontier of the Community to the competent customs authority at the moment of export to a third country of a defence related product received under a transfer licenceof a defence-related product received under a transfer licence as well as the export licence issued by the Member State from which the products are exported outside the Community to the competent customs authority at the common external frontier of the Community.
Amendment 41 #
2007/0279(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In cases where a Member State of origin has reasonable doubt whetheris not convinced that a certified recipient wouldill respect anyll conditions attached to its general transfer licence, it should not only inform the other Member States and the Commission, but also be able to provisionally suspend the effect of its transfer licences to such company having regard to its responsibility for the preservation of human rights, peace, security and stability.
Amendment 63 #
2007/0279(COD)
Proposal for a directive
Article 4 - paragraph 4
Article 4 - paragraph 4
4. Member States shall determine the terms and conditions of transfer licences, in particular any limitations on the export of defence-related products to recipients in third countries, having regard to the risks for preservation of human rights, peace, security and stability created by the transfer. In laying down these limitations Member States shall take particular account of the European Union Code of Conduct on Arms Export and the Council Common Position 2003/468/CFSP on the control of arms brokering and shall not authorise any export or re-export that is not in line with both the Code of Conduct and the Council Common Position. Member States may pursue and extend existing intergovernmental cooperation in order to achieve the objectives of this directive.
Amendment 65 #
2007/0279(COD)
Proposal for a directive
Article 4 - paragraph 6
Article 4 - paragraph 6
Amendment 73 #
2007/0279(COD)
Proposal for a directive
Article 6 - paragraph 1
Article 6 - paragraph 1
1. Member States shallmay grant global transfer licences to an individual supplier on its request authorizing one or several transfers of one or several defence related products to one or several recipients in another Member State.
Amendment 74 #
2007/0279(COD)
Proposal for a directive
Article 6 − paragraph 2 − subparagraph 2
Article 6 − paragraph 2 − subparagraph 2
A global transfer licence shall be valid for a period of at least 3 years, without prejudice to the provisions in Articles 4 (7) and 15 of this Directive.
Amendment 76 #
2007/0279(COD)
Proposal for a directive
Article 8 - paragraph 1
Article 8 - paragraph 1
1. Member States shall ensure that suppliers of defence-related products inform recipients of the terms and conditions of the transfer licence relating to the export of the defence related products. Where there are limitations to the (re)transfer of defence-related products, the licensing Members State shall inform the Member State in which the recipient is located of these, as well as of all terms and conditions of the transfer licence.
Amendment 77 #
2007/0279(COD)
Proposal for a directive
Article 8 - paragraph 3
Article 8 - paragraph 3
3. Member States shall ensure that suppliers keep detailed and complete records of their transfers, in accordance with the practice in force in the respective Member State. Such records shall include commercial documents containing the following information: (a) the description of the defence-related product; (b) the quantity and value of the defence- related product and the dates of transfer; (c) the name and address of the supplier and of the recipient as well as proof of their certification in accordance with Article 9 of this Directive. (ca) the name and address of the company responsible for the actual transfer of the product if other than the supplier or recipient; (d) where known, the end-use and end-user of the defence-related product; (e) proof that the information on an export limitation attached to a transfer licence has been transmitted to a recipient of defence related products.
Amendment 78 #
2007/0279(COD)
Proposal for a directive
Article 8 - paragraph 4
Article 8 - paragraph 4
4. The records referred to in paragraph 3 shall be kept for at least threfive years from the end of the calendar year in which the transfer took place. They shall be provided on request of records referred to in paragraph 3 shall be transmitted to the competent authorities of the Member State in which the supplier is established on a yearly basis.
Amendment 79 #
2007/0279(COD)
Proposal for a directive
Article 8 - paragraph 4 a (new)
Article 8 - paragraph 4 a (new)
(4a) Member States shall ensure that recipients keep detailed and complete records of their receipt of defence-related products which contain the information referred to in paragraph 3, in accordance with the practice in force in each respective Member State.
Amendment 80 #
2007/0279(COD)
Proposal for a directive
Article 8 - paragraph 4 a (new)
Article 8 - paragraph 4 a (new)
(4a) The records referred to in paragraph 3 shall be kept for at least five years from the end of the calendar year in which the transfer took place. The records referred to in paragraph 3 shall be transmitted on a yearly basis to the competent authorities of the Member State in which the recipient is located.
Amendment 81 #
2007/0279(COD)
Proposal for a directive
Article 9 - paragraph 2 - point d a (new)
Article 9 - paragraph 2 - point d a (new)
(da) A written commitment of the company, signed by the senior executive referred to in point c), that his company will take all the necessary steps to observe and enforce all specific conditions, related to end-use and export of any specific received component or product, in line with the European Union Code of Conduct on Arms Export, the Council Common Position 2003/468/CFSP on the control of arms brokering1 and other international commitments with respect to export control; 1 OJ L 156, 25.6.2003, p. 79–80.
Amendment 82 #
2007/0279(COD)
Proposal for a directive
Article 9 - paragraph 5
Article 9 - paragraph 5
5. Competent authorities shall regularly monitor compliance of the recipient with the criteria referred to in paragraph 2 at least every three years, and with any condition attached to the certificates referred to in paragraph 4.
Amendment 88 #
2007/0279(COD)
Proposal for a directive
Article 11 - paragraph 1
Article 11 - paragraph 1
1. Member States shall ensure that, when completing the formalities for the export of defence-related products at the customs office responsible for handling the export declaration, the exporter shall furnish proof that any necessary export licence has been obtainof an export licence issued by the Member State from which the products are exported to a third country as well as the export licence under which the product was received.
Amendment 92 #
2007/0279(COD)
Proposal for a directive
Article 16 - paragraph 2
Article 16 - paragraph 2
2. The Commission shall, beginning not later than [5 years after the date of entry into force of this directive], submit regularly a report to the European Parliament and the Council every 3 years on the implementation of the directive and its impact on developments of the European defence equipment market and the European defence technological and industrial base as well as suppliers' and Members States' compliance with the European Union Code of Conduct on Arms Export, the Council Common Position 2003/468/CFSP on the control of arms brokering1 and other international commitments with respect to export control, accompanied by a legislative proposal, where appropriate. 1 OJ L 156, 25.6.2003, p. 79.
Amendment 6 #
2006/0006(COD)
Recital 21
(21) Informing insured personspersons concerned of their rights and obligations is a crucial component of a relationship of trust with the competent authorities and the Member States’ institutions. Information should include guidance on administrative procedures.
Amendment 8 #
2006/0006(COD)
Article 3 – paragraph 3
3. To the extent necessary for the application of the basic Regulation and the implementing Regulation, the relevant institutions shall without delay forward the information and issue the documents to the persons concerned. Persons concerned may be the insured persons, their family and/or their survivors.
Amendment 10 #
2006/0006(COD)
Article 19 – paragraph 2
2. At the request of the person concerned or of the employer, tThe competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestationthose concerned with a document certifying that such legislation is applicable and shall indicateing, where appropriate, until what date and under what conditions.
Amendment 11 #
2006/0006(COD)
Article 86 - paragraph 1 - subparagraph 1
No later than the fourth full calendar year after the entry into force of the implementing Regulation, 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.