809 Amendments of Alejandro CERCAS
Amendment 3 #
2013/2277(INI)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
1a. having regard to the public hearing held by the Employment and Social Affairs Committee of the European Parliament on January 9th 2014, on "the employment and social aspects of the role and operations of the Troika with regard to euro area programme countries",
Amendment 4 #
2013/2277(INI)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
1b. having regard to the 4 draft policy notes on "Evaluation of the Social and Employment Aspects and Challenges" in Greece, Portugal, Ireland and Cyprus prepared for the DG Internal policies of the Union Directorate A "Economic and Scientific Policies Economic Governance Support Unit" in January 2014,
Amendment 48 #
2013/2277(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 50 #
2013/2277(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets that the programmes have only focused on labour market reforms and austerity measures, aiming to regain competitiveness through minimum wage cuts, decentralisation of collective bargaining, social benefit cuts, lighter employment regulations and limited action in surplus countries, not taking into account the importance of innovation and investment and without properly foreseen the dire effects that these measures will have on the employment rate;
Amendment 52 #
2013/2277(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Notes that the absence of European Institutions as well as of European financial mechanisms has forced to improvise them, leading to financial and institutional agreements outside the community method as well as to problems of coherence and conflict of interests, but condemns the fact that the Commission has acted as a mere lender and has forgotten its main role as Guardian of the Treaties. In the same way, the European Central Bank has clearly taken decisions falling outside of its mandate;
Amendment 72 #
2013/2277(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the expectations of a return to growth and job creation through internal devaluation in order to regain competitiveness haven't been fulfilled, highlights that this unfulfillment is caused by the underestimation of the structural character of the crisis as well as of the importance of the maintenance of domestic demand, investment and the support with credit to the real economy; stresses that the procyclical character of the austerity measures and the fact that they haven't been accompanied by a parallel concern on growth and job creation has led to a notorious contraction of growth and employment;
Amendment 73 #
2013/2277(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that the labour market reforms have aroused a strong negative public response caused by the lack of social dialogue as well as of technical and political legitimacy in the different parts of the reform, and the total absence of a coherent European holistic vision, which would have incorporated medium and long-term concerns to the programmes;
Amendment 77 #
2013/2277(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes that the massive destruction of SMEs is one of the main causes of job losses and the biggest threat to future recovery, because the possible improvement of exportations will not compensate the loss of assets as well as of future employment. Notes that the adjustment policies did not take into account strategic sectors which should have been protected in order to preserve future growth and social cohesion. This has led to a significant job losses in strategic sectors such as, industry or R+D+I, with dramatic consequences to basic public sectors such as health, education and social services;
Amendment 95 #
2013/2277(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes the severe rise in the long-term unemployment rate of women and senior workers and the additional difficulties these workers will face to get back to the labour market when the economy will eventually recover. Warns that these workers are not receiving the attention they deserve.
Amendment 103 #
2013/2277(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is deeply concerned about the fact that, together with the job loss, there is an outstanding lack of job quality through precarisation and the deterioration of basic labour standards, notes that there is an increase of part time and temporary contracts, payless internships and apprenticeships, bogus self-employment as well as the activities of the black economy, notes furthermore that there is also a worrying degradation of working conditions with measures such as the increase of the working time or the reduction of health and safety conditions in the work place;
Amendment 114 #
2013/2277(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that the important role of wages in creating or stabilising domestic demand has been neglected; is deeply concerned about the impact of the programmes on the minimum wages in the 4 countries, where Ireland was force to a decrease of nearly 12%, even though it was later changed, and where a radical cut of the minimum wage of 22% was decreed in Greece.
Amendment 115 #
2013/2277(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that the economic adjustment programmes have imposed on the 4 countries pay cuts or freezes in the public sector and the non-renewal of the public employment offer which have been justified by the need for modernisation and efficiency improvement of public administrations but have in fact resulted in unacceptably high levels of unemployment; reminds that strong public administrations set a good framework for growth, competitiveness and social protection;
Amendment 126 #
Amendment 133 #
2013/2277(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that the measures are causing serious problems to low income households, putting them under the poverty threshold, increasing inequality levels and undermining social cohesion, especially with the recommendations to place minimum pensions and salaries under the poverty levels, reminds that these measures have been condemned by the Council of Europe as a violation of the European Social Charter, and have also been subject to strong criticism by the ILO for the violation of Convention 102. Furthermore, reminds that the ILO pointed out its serious concerns about the cumulative effects of austerity measures on workers income levels, living standards and wage protection;
Amendment 135 #
2013/2277(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Highlights that new forms of poverty touching the middle and working class are arising in the 4 countries where the problems to pay mortgages and the high energy prices are creating energy poverty and increasing evictions and foreclosures;
Amendment 136 #
2013/2277(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Is deeply concerned by evidence that levels of homelessness and housing exclusion are increasing in the programme countries; recalls that this represents a violation of fundamental rights and has enormous negative consequences for society and for the individuals affected, stresses that organisations working with homeless people estimate an increase in the 4 programme countries, in particular in Greece where the homeless population has risen by 25% between 2009 and 2011 to reach 20,000, stresses furthermore that, in the 4 countries, there is a big increase of people going to eat at soup kitchens, as well as of children eating at school because their families can´t guarantee them breakfast or lunch;
Amendment 137 #
2013/2277(INI)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Notes that international and social organizations have warned about a gender gap impact of the new pay-scale, grading and dismissals system in the public sector, notes that the ILO has expressed concern over the disproportionate impact of new flexible forms of employment on women's pay, furthermore notes that the ILO asked the governments to monitor the impact of austerity on remuneration of men and women in the private sector, stresses that, according to the Council of Europe, Ireland was not on conformity with the revised Charter for the too low level of maternity benefits;
Amendment 143 #
2013/2277(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Deplores the fact that the level of people at risk of poverty or social exclusion has increased in the four countries; points out that during the last three years alone, figures show that the proportion of people at risk of poverty or social exclusion has risen to 26% in PortugalGreece and to 15% in Ireland; notes, moreover, that these statistics hide a much harsher reality, which is that when GDP per capita falls, the poverty threshold also falls, meaning that we now consider to be out of poverty people who until recently were considered in poverty;
Amendment 153 #
2013/2277(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is deeply concerned about the cuts on health and pharmaceutical benefits of the public systems, which in some countries have radically changed the universal nature of the system to the benefit of other more insurable or commercial methods, stresses furthermore that many studies and research show that in discriminatory co-payments, sometimes even on basic services such as health urgencies or access to medicine for people with chronic diseases, is preventing de facto many citizens from receiving basic social and health care needs; notes that the measures have also deeply affected those working in the caring professions. Therefore, there has been a deprivation of basic human rights through economic barriers.
Amendment 157 #
2013/2277(INI)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Highlights that the increasing social poverty in the 4 countries is producing also an increase in solidarity among the most vulnerable groups thanks to private efforts, family networks and aid organisations; stresses that this type of intervention should not become the structural solution to the problem, even if it's alleviating the situation of the most deprived and showing the qualities of the European citizenship;
Amendment 166 #
2013/2277(INI)
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Regrets that the quality of the education systems is not following this positive path because the 4 programme countries are under the EU average as regards the quality of their systems; recalls the urgent need to recover quality vocational training systems with a high level of social legitimacy, since this is one of the best ways to improve young peoples' employability.
Amendment 176 #
2013/2277(INI)
Draft opinion
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Denounces that the Troika has completely ignored article 153 (5) of TFUE which rules out any EU intervention on issues such as pay, the right of association, the right to strike and the right to impose lock-outs and article 152 of the TFUE which states "the Union recognises and promotes the role of Social Partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between social partners, respecting their autonomy", stresses that, on the contrary, the Troika has pushed for essential changes in the national wage-setting systems aiming at a radical decentralisation of collective bargaining and a sharp restriction of the criteria for the extension of collective agreements.
Amendment 183 #
2013/2277(INI)
Draft opinion
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Is deeply concerned about the weakening of social dialogue which has implied a massive loss of workers covered by collective agreements, in some countries this loss represents more than 70% on the available figures before the Troika recommendations.
Amendment 186 #
2013/2277(INI)
Draft opinion
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Summarizes that the EU 2020 Strategy goals on employment and fight against poverty and social exclusion are further than ever from being achieved not only due to the economic situation, but also because of the harsh cuts imposed by the Troika programmes; highlights that the IMF has recently considered that the austerity policies might have gone too far (since they have obviously depressed economic growth and sharpened the increase of unemployment) and that the Chair of the UN Committee on Economic, Social and Cultural rights argues that austerity is a disincentive to economic growth and as such hampers the realisation of economic and social rights;
Amendment 228 #
2013/2277(INI)
Draft opinion
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Recommends to the Commission and to the Member States to consider public health and education spending not as a spending exposed to cuts, but as a public investment in the future of the country which should be respected and increased so as to improve the economic and social recovery;
Amendment 232 #
2013/2277(INI)
Draft opinion
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Recommends that once the hardest moment of the financial crisis has passed, the EU Institutions, together with the Member States put in place the job recovery plan that should have been implemented years ago, since this is the only way to consolidate the macroeconomic adjustment and to equilibrate the unbalances of the public sector such as the debt and the deficit. For this to happen, an Employment Strategy must be put in place which takes into account the need to quickly repair the credit system, notably for SMEs, a real employment policy with active labour market policies, quality and European public employment services, an upward wage policy, a European youth employment guarantee and a programme for jobless households and finally a more careful fiscal management;
Amendment 236 #
2013/2277(INI)
Draft opinion
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Recommends that future labour reforms not only point to the flexibilisation of the Labour Market, but also to its securisation through the boost of companies competitiveness taking into account other elements such as energy costs, unfair competition, social dumping, a fair and efficient financial system, fiscal policies in favour of growth and employment, and in general, everything which helps real economy and entrepreneurship to develop.
Amendment 237 #
2013/2277(INI)
Draft opinion
Paragraph 24 d (new)
Paragraph 24 d (new)
24d. Calls for urgent measures to prevent the increase of homelessness in programme countries and on the European Commission to support this through policy analysis and promotion of good practices.
Amendment 242 #
2013/2277(INI)
Draft opinion
Paragraph 24 e (new)
Paragraph 24 e (new)
24e. Invites the Commission and Member States to consult with civil society, patient organisations and professional bodies for future measures related to health in adjustment programmes and to make use of the Social Protection Committee, so as to ensure that the reforms increase the efficiency of the systems and the resources without endangering the most vulnerable groups and the most important social protection, including the acquisition and the use of medicines, the most basic needs and the consideration of the health staff;
Amendment 210 #
2013/2176(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that one response to the top ten consultation conclusion is that the Working Time Directive is complex and inflexible and in many cases requires SMEs to obtain costly specialised legal assistance; calls on the Commission to produce its detailed impact assessment as a matter of urgency, with this assessment not only taking into consideration the simplification of administrative tasks, but also health and safety at work and the balance between work and family life, as requested by Parliament in its resolution of 15 May 2012 on employment aspects of minimising regulatory burden for SMEs and adapting EU regulation to the needs of microenterprises; stresses that this simplification should not be counter to ILO standards or its Decent Work Agenda, and also reminds the Commission that the review of the reference period for weekly working time and opting out, as foreseen by Directives 93/104/EC and 2003/88/EC on the organisation of working time, has been pending since 23 November 2003;
Amendment 216 #
2013/2176(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 53 #
2013/2158(INI)
Motion for a resolution
Recital P
Recital P
P. whereas poverty levels have been increasing at alarming rates since 2007, such that 24.2 % of the EU population is currently at risk of poverty or social exclusion; whereas social protection expenditure has decreased in nearly all the Member States, and whereas the Social Protection Committee (SPC) is warning that increasing numbers of people are at risk of income poverty, child poverty, unmet medical needs, severe material deprivation and social exclusion because of the impact of fiscal consolidation measures;
Amendment 69 #
2013/2158(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it regrettable that the employment and social indicators proposed by the Commission are insufficient to cover the Member States’ employment and social situations comprehensively; calls for the scoreboard to include additional indicators, in particular child poverty levels, a decent work index, access to healthcare and a European living wage index, in order to allow proper assessment of the social situation in the EU;
Amendment 235 #
2013/2158(INI)
Motion for a resolution
Recommendation 1 – paragraph 3 a (new)
Recommendation 1 – paragraph 3 a (new)
Invites the Commission to report on the social impact assessment undertaken for the Country Specific Recommendations
Amendment 9 #
2013/2075(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the implementation, in 2012, of the State Aid Package; notes with satisfaction certain measures creating exemption from notification obligations; calls on the Commission to take stock of the implementation of the Package, in view of the fact that the crisis continues to ravage the economy;
Amendment 21 #
2013/2075(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that that competition policy should be implemented in accordance with Article 9 of the Treaty on the Functioning of the European Union, which states that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment; this horizontal clause is extremely influential for the purposes of interpreting EU law and making decisions as regards sectors that have been hit by the crisis and have suffered widespread job losses;
Amendment 34 #
2013/2075(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that the social and solidarity economy must benefit from special rules on state aid in view of the specific nature of its operation and objectives; stresses that competition policy should not be used as a pretext for undermining services of general economic interest in the Member States;
Amendment 37 #
2013/2075(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that subsidiarity has an important role to play in the social- housing sector and that European competition policy should not hinder the drafting of national rules to aimed at promoting social integration;
Amendment 45 #
2013/2045(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the crisis has led to a great increase in precarious forms of work, done especially by young people recruited under temporary contracts, and in unpaid placements amounting in reality to genuinely full-time jobs;
Amendment 96 #
2013/2045(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the policy measures implemented by the EU and Member States need to be diversified and should tackle all potentiamutually complementary so as to counteract all obstacles in young people’s pathway towhen they are seeking decent and sustainable employment, paying particular attention to vulnerable groups that are more likely to suffer from multiple disadvantages; maintains that tackling youth unemployment has to be a cross- cutting policy in the EU and Member States;
Amendment 105 #
2013/2045(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that the young unemployed make up a wide variety of groups and therefore have to be classified according to their needs and abilities if the measures taken are to be implemented to more useful effect; considers it necessary to identify the key competences that will enable these young people to enter the labour market more rapidly and on a more permanent and sustainable basis; believes that attention should be focused in particular on young people who have no qualifications and are not in education, employment, or training;
Amendment 123 #
2013/2045(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the involvement of all relevant stakeholders at European, national, regional, and local level, including training and education providers, individual employers, public and private employment services, social partnerstakeholders, including youth organisations, third- sector organisations, and health and other authorities, is essential for the successful implementation of a variety ofthe measures to fostering youth employment and employability in an integrated fashion; emphasises that measures to promote high-quality sustainable youth employment must be flexible so asin order to meet the continuously evolving needs on the labour market;
Amendment 137 #
2013/2045(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that collective bargaining plays a key role in fostering and improving the working conditions of young workers;
Amendment 141 #
2013/2045(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises the particularly difficult situation in certain regions where the level of unemployment among young people is above 250%; welcomes the fact that EU support forrecognises that the Youth Employment Initiative, with a budget of EUR 6 billion over the seven-year period 2014-2020, is an important first step – though not sufficient in itself – towards a European strategy to combat youth unemployment will be further boosted through the proposed EU Youth Employment Initiative, with a budget of EUR 6 billion over the seven- year period 2014-2020; maintains that funding needs to be increased to at least the EUR 21 000 million recommended by the ILO and that flexibility must be provided, allowing greater budget resources to be mobilised for the efforts to be brought to bear during the first years of the multi- annual financial framework; stresses that the Youth Employment Initiative must be not be affected by, or obstruct, other initiatives to promote high-quality youth employment;
Amendment 154 #
2013/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the decision of the EPSCO Council on 28 February 2013 to agree on a Council recommendation on implementing a Youth Guarantee; recommends extending eligibility to graduates aged under 30, but regrets that the Guarantee has not been couched in terms applying with binding force on a Europe- wide basis; draws attention to the view which it has already expressed, namely that the Guarantee should be such as to ensure that young people aged up to 30 would receive good job offers or be able to continue their education or vocational training for four months from the time when they became unemployed or stopped studying; stresses that the success of this measure will be highly dependent on other factors, e.g.such as the infrastructure and capacity of public and strengthened private employmentemployment services, which should be combinable with private services, the availability of student places, the provision of good training and apprenticeships, and the transferability and implementation of successful experiences from other Member States; stresses that the Youth Guarantee must be integrated within the broader framework of active labour market policies while ensuring high quality standards;
Amendment 167 #
2013/2045(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission’s suggestion to bring multilateral supervision to bear, through an ‘Employment Committee’, on the implementation of Youth Guarantee schemes, and asks to be involved in that committee;
Amendment 177 #
2013/2045(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages the EU and the Member States to boost their support for enterprises, cooperatives and third-sector organisations wishing to participate in Youth Guarantee schemes in close cooperation with public and private employment services, including through tax incentives, subsidies for fixed employment costs, and the possibility of accessing funding for on-site training, which will support enterprises in providing high-quality employment and training offers, and will represent an investment in young people’s potential in an effective and targeted way;
Amendment 242 #
2013/2045(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for an ambitious holistic policy approach – at European and national level alike – which looks at education, training, employment and self-employment initiatives, for all young people at all the various levels, in an integrated way;
Amendment 282 #
2013/2045(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the EU and the Member States to foster the mobility of young workers by means of further progress towardsimprove the mutual recognition of qualifications and skills and enhanced the coordination of national social security systems, especially as regards pension systems, as well as by continuing to invest substantially in language learning;
Amendment 291 #
2013/2045(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. SDeplores the fact that EURES is not proving to be an effective tool for job searches and encouraging voluntary mobility among young people; stresses the need to introduce reforms to EURES with the aim of proactively matching jobseekers and job-changers to existing vacancies, and where necessary, to reform public employment services so as to better target their activities and approaches on young people; stresses that raising of awareness of EURES is needed so as to increase its visibility and availability, as a career advice system that supports students in becoming more aware of their aspirations and capabilities, as well as of existing job opportunitiespoints out that EURES should become a genuine interconnection platform for all of the Member States’ public employment services, with the most up-to-date information possible and common criteria on which to assess job offers and select candidates; points out that EURES should have a system making job interviews easier to conduct;
Amendment 25 #
2013/2006(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that, in terms of reindustrialisation, there is a major role to be played by socially responsible management of restructuring in anticipating and managing change in sectors, as stressed in the European Parliament Resolution of 15 January 2013;
Amendment 2 #
2012/2306(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to better integrate competition policy with respect to the employment and social targets of the EU 2020 Strategy, notably by allowing better support for SMEs, which are the main job creators and by taking into consideration the specificities of social services of general interest; stresses that competition policy should not be an excuse to undermine the services of general economic interest of the Member States;
Amendment 10 #
2012/2306(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that the social housing sector plays an essential role for social inclusion and in creating jobs ; therefore regrets that in the State aid package on SGEI of December 2011 exemptions to state aid rules in the field of social housing are only permitted for disadvantaged citizens and socially less advantaged groups; calls on the Commission to enable Member States to address difficulties with their social housing sector arising as a result of this definition and of the current economic and social crisis ;
Amendment 14 #
2012/2306(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on Member Statesthe Commission to encourage the privatisanticipation of unproductive companieschange and the management of restructuring in a social and responsible way, in order to prevent dismissals due to the loss of competitiveness ofin those companie Member States;
Amendment 21 #
2012/2306(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to continue monitoring the implementation of State aid rules as the spillover effects of the crisis are still present. and underlines the necessity to preserve Services of General Interest in the Member States;
Amendment 8 #
2012/2295(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that anticipation of change, upgrading of knowledge and skills and better matching of skills and jobs in a socially responsible way are key to the success of the bioeconomy strategy in delivering growth and new employment opportunities in Europe; therefore recalls the European Parliament's resolution (2012/2061(INI)) of 15 January 2013 in which it requests the Commission to submit as soon as possible, on the basis of Article 225 of the Treaty on the Functioning of the European Union and after consulting social partners, a proposal for a legal act on information and consultation of workers, anticipation and management of restructuring;
Amendment 2 #
2012/2293(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Treaty on European Union, in particular Article 3(3) thereof, and the Treaty on the Functioning of the European Union, in particular Articles 9, 14, 148, 151, 153 and 160 thereof,
Amendment 6 #
2012/2293(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to Protocol 26 of the Treaty on the Functioning of the European Union on services of general interest,
Amendment 11 #
2012/2293(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
- having regard to its resolution of 15 November 2011 on reform of the EU state aid rules on Services of General Economic Interest1, __________________ 1 Texts adopted, P7_TA(2011)0494.
Amendment 20 #
2012/2293(INI)
Motion for a resolution
Recital A
Recital A
A. whereas access to housing is a fundamental right that affects access to other fundamental rights and to a life in conditions of human dignity; and whereas guaranteeing access to decent housing is an international obligation incumbent on the Member States, to which the Union must have regard, given that the right of access to housing and to housing assistance is recognised in Article 34 of the Charter of Fundamental Rights of the European Union, Articles 30 and 31 of the revised European Social Charter adopted by the Council of Europe and Article 25 of the Universal Declaration of Human rights, as well as in many Member State constitutions;
Amendment 29 #
2012/2293(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas costs for housing, rent and energy represent the highest share of private budgets and their increase is therefore a major driver for social exclusion and the increasing gap between rich and poor;
Amendment 32 #
2012/2293(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the economic crisis has significantly increased the number of those out of work and facing social exclusion, thereby increasing the burden on the welfare services;
Amendment 33 #
2012/2293(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas affordable accommodation is a suitable tool for achieving social justice and cohesion, and affordable rental housing is a precondition for enhanced labour mobility and increased employment opportunities;
Amendment 35 #
2012/2293(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas, notwithstanding its significant stabilising effect, public funding for social housing has fallen victim to the recent financial austerity measures currently aggravating the economic crisis;
Amendment 36 #
2012/2293(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the local, regional and national authorities play a major part in organising housing policies in line with the needs of occupants;
Amendment 37 #
2012/2293(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas, in order to prevent any increase in the number of homeless and any future housing crises, mortgage rules must be designed to protect consumers and spread the risks fairly;
Amendment 39 #
2012/2293(INI)
Motion for a resolution
Recital C
Recital C
C. whereas social housing plays a key part in the implementation of the Europe 2020 strategy in that it helps to ensure high levels of employment, inclusion and social cohesion, to promote job mobility and to combat climate change by modernising the housing stock;
Amendment 46 #
2012/2293(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the economic and social crisis is having a direct adverse impact on activity in and financial support for the house building and refurbishment sector, with social housing being hit particularly hard, owing to the bursting of housing bubbles, the contraction of credit, late payments and a fall in new public-sector orders; whereas the construction sector can be a driving force in efforts to find a sustainable, inclusive way out of the crisis and to address climate- and energy- related challenges;
Amendment 61 #
2012/2293(INI)
Motion for a resolution
Subheading 1
Subheading 1
Promoting the role of social housing as a social and macro-economic shock absorberrole of social housing
Amendment 65 #
2012/2293(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotUrges that, as a result of the current economic and social crisis, the need for affordable homes is increasingly unmet by the private housing market alone, measures be taken in response to the increasingly unmet need for affordable homes and tho combat rising house prices and energy prices which are aggravating the risks of poverty and social exclusion; it is concerned about the impact of austerity measures such as cuts in housing benefitof major importance to end the cuts in housing benefit which are resulting from financial austerity policies;
Amendment 72 #
2012/2293(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges Member States to reconsider the harsh financial austerity measures which are resulting in drastic cuts in public assistance for the provision of decent housing, reducing the number of homes available for social housing and eroding or even eliminating housing access programmes; points out that these indiscriminate austerity measures are causing particular hardship for certain sectors of society such as young people, abused women, or the elderly and are increasing the risk of social exclusion affecting minority groups;
Amendment 74 #
2012/2293(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that social housing should be accessible to wide cross-sections of the population in order to avoid social exclusion and segregation; recalls that social housing is a central pillar of social cohesion and must not be limited to the least favoured alone;
Amendment 82 #
2012/2293(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that, underUrges compliance with Article 14 and Protocol No 26 to the Treaty on the Functioning of the European Union, under which public authorities are free to determine how the social housing sector is organised and funded and what its target group is, with a view to meeting local needs; sees the intervention of public authorities here as a response to the shortcomings of the market, with the aim of ensuring universal access to decent, affordable housing;
Amendment 85 #
2012/2293(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to dovetail competition policy with social and employment policy under the EU 2020 Strategy, bearing in mind the specific provisions applicable to Economic Services of General Interest; points out that competition policy should under no circumstances serve to undermine Economic Services of General Interest;
Amendment 86 #
2012/2293(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Towards a European Social Housing Policy (New Heading)
Amendment 95 #
2012/2293(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reminds the Member States and the Commission that spending on social housing enables urgent social need to be met and, ass not only to be met, but also to be prevented from emerging, and that they have an important economic and non-profit making role as a strategic social investment, which helps in a sustainable way to provide non- relocatable local jobs, to stabilise the economy by preventing property bubbles, to counter climate change and to combat energy poverty; calls on Member States and the Commission to bring social housing investment within the scheme of the European Semester by including in it an evaluation of targets for combating and preventing property bubbles and households' over- indebtedness, to promote labour mobility, to counter climate change and to combat energy poverty;
Amendment 97 #
2012/2293(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls, therefore, on Member States and the Commission to establish a European framework for action on social housing, which could take the form of an action plan or of a framework for coordinating social policy, to aim towards coherence between and convergence of different EU policies on the subject (state aid, structural funds, energy, the fight against poverty and social exclusion, health); furthermore, calls on Member States to strengthen or develop specific mechanisms for the financing of social housing construction;
Amendment 100 #
2012/2293(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Asks the Commission to include social indicators such as investments in social housing within the framework of the European Semester and that these indicators should be evaluated on equal footing with macro-economic imbalances;
Amendment 112 #
2012/2293(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to modify the criteria contained in the December 2011 Package of State Aids for Economic Services of General Interest restricting social housing assistance concessions to the most vulnerable social categories; Calls on the Commission and Member States to take measures to overcome the difficulties caused by these restrictions;
Amendment 113 #
2012/2293(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission and Member States to take action in response to the social hardship caused to those most affected by the economic crisis and unemployment who are being evicted and deprived of their homes; notes that this is occurring against a backdrop of major public assistance initiatives designed to put the financial system back on a sound footing;
Amendment 116 #
2012/2293(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the Council to convene a meeting of the housing ministers of the Member States at least once a year to discuss the impact of various EU policies on housing policy and ensure that the economic, social and environmental aspects of the housing sector are mainstreamed more efficiently at EU level, with the involvement of stakeholders such as social housing bodies, associations representing occupants and associations seeking to facilitate access to housing;
Amendment 122 #
2012/2293(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Proposes the establishment of the European Housing Observatory to develop knowledge about the housing situation in the various countries, especially social housing, on the basis of reliable statistical indicators and including the most relevant social factors;
Amendment 129 #
2012/2293(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission to review regularly the impact of its decisions on social housing in certain Member States, taking account of the accessibility of low- rent housing, State aids for social housing, the market impact on the private housing sector and the consequences for social cohesion as a whole;
Amendment 132 #
2012/2293(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for EU mortgage provisions to incorporate best practices which are as favourable as possible to consumers; urges the inclusion of procedures for the renegotiation and rescheduling of debt repayments for insolvent individuals and families;
Amendment 146 #
2012/2293(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need to take action in the countries most affected by the economic crisis and unemployment to introduce a programme of assistance for the growing number of persons faced with eviction and foreclosure, offering alternative solutions such as low-rent accommodation for example;
Amendment 153 #
2012/2293(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Advocates making priority investment in heat efficiency and in the use of renewables in social housing, as well as integrated projects for sustainable urban development, access to housing for marginalised communities, so as to promote social inclusion and measures to combat poverty, the transition from institutional to community-based services and the promotion of social enterprises, eligible for Structural Fund support in the 2014-2020 budgetary period;
Amendment 161 #
2012/2293(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages Member States and all stakeholders to give social housing and investment a prominent place in national reform programmes and in the shaping of strategic priorities under partnership agreements for the period 2014-2020;
Amendment 226 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – introductory part
Paragraph 16 – introductory part
16. RecommeDemands that Member States draw up integrated policies for guaranteeing universal access to decent affordable housing, with aims including:
Amendment 231 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 1
Paragraph 16 – indent 1
– specific support for good-quality and healthy social housing and "very social" housing,
Amendment 234 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 1 a (new)
Paragraph 16 – indent 1 a (new)
- prevent segregation of specific populations group and encourage diversity,
Amendment 236 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 2
Paragraph 16 – indent 2
– linkage between social housing expansion programmes and policies for access to other essential public services as part of an integrated social policy,
Amendment 238 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 2 a (new)
Paragraph 16 – indent 2 a (new)
- a minimum quota of social housing in areas with dense population, high levels of youth unemployment and high migration rates, in order to increase social cohesion,
Amendment 248 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 3
Paragraph 16 – indent 3
– steps to address the difficulties commonly encountered by highly vulnerable sections of the population, such as migrants and young people, single parents, young and elderly people and victims of domestic violence, the Roma, the disabled, in seeking access to decent housing,
Amendment 251 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 3 a (new)
Paragraph 16 – indent 3 a (new)
- generating specific programmes and proving assistance for victims of property frauds and developing measures to prevent frauds,
Amendment 257 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 4
Paragraph 16 – indent 4
– implementation of effective policies, including social rental law, in close cooperation with organisations of tenants, to stop tenants from being evicted, on the basis that covering rent payments and arrears of rent is a less costly option for the relevant authorities,
Amendment 259 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 4 a (new)
Paragraph 16 – indent 4 a (new)
- avoid discriminatory fiscal measures or subsidies that increase risky debt levels among lower incomes as well as to support affordable housing options like the supply of rental and cooperative housing,
Amendment 265 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 5 a (new)
Paragraph 16 – indent 5 a (new)
- carrying out the analysis and collecting data in all EU Member States on accessibility to social housing for the most vulnerable groups of people,
Amendment 269 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to implement without delay the European Parliament resolution on an EU Homelessness Strategy;
Amendment 289 #
2012/2293(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Member States and the Commission to support and promote innovatory exchanges of good practices in upholding the right to housing for particularly vulnerable and marginalised groups;
Amendment 299 #
2012/2293(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission and Member States to make sure that the deepening of the internal energy market goes hand in hand with measures to protect vulnerable consumers;
Amendment 315 #
2012/2293(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Believes that energy efficiency measures to tackle energy poverty can also help to prevent health problems (respiratory and cardiovascular conditions, allergies, asthma, food or carbon monoxide poisoning, and impact on mental health);
Amendment 2 #
2012/2192(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is concerned by the uncertainty over the future of the Foundation’s headquarters following the liquidation of the consortium that managed the Villa Gualino, where it is housed; calls on the Italian authorities to resolve the matter swiftly;
Amendment 2 #
2012/2188(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that the negotiations towards an agreement with the Spanish authorities on the seat of the Agency are still ongoing and calls for them to be brought to a speedy conclusion;
Amendment 4 #
2012/2188(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to make better use of the Agency’s enhanced capacities and of its observations when finalising the European strategy on health and safety at work 2013-2020.
Amendment 2 #
2012/2183(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the development of a comprehensive set of processes to monitor and report on the implementation of the annual work programme and the deployment of resources; notes however that further improvements are needed given that 67 of total 77 budget transfers were made at the end of 2011 demonstrating weaknesses in budgetary planning; calls for structural measures to be taken to remedy the situation;
Amendment 2 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 1 a (new)
Section 1 – paragraph 1 a (new)
1 a. Recalls that a European Economic and Monetary Union should first and foremost serve the people and the real economy as a basis for increasing the living standards of all;
Amendment 6 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 2
Section 1 – paragraph 2
2. Calls on Member States to adopt growth-friendly policies aimed at maintaining and creating jobs; regrets that, contrary to budgetary discipline, employment hasand social welfare have not been considered as a EU top priority increasing the risk that, considering the financiar; warns that the constraint of policy making on economic and monetary matters and the lack of a balanced and holisation of the economy,c approach increases the risk of pro-cyclical impacts of initiatives originally designed to stabilise financial markets are pro-cyclical in their impact;
Amendment 9 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 2 a (new)
Section 1 – paragraph 2 a (new)
2 a. Recalls that restructuring and relocation processes on a large scale have resulted in the loss of almost 2 million jobs during the last 3 years in the EU, and regrets that there has not been a European answer to facilitate the management of restructuring in a more social and economic responsible way;
Amendment 13 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 3
Section 1 – paragraph 3
3. Recalls the importance of the adoption of the Growth Pact and believes that new initiatives such as a Social Pact should follow;
Amendment 18 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 4
Section 1 – paragraph 4
4. Calls for a balanced interaction between economic and monetary policies on the one hand and employment and social policies on the other hand since the European social model is a driverthe core of economic competitiveness without which the Union's social market economy will not be able to climb out of the rutget back on track;
Amendment 28 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – introductory part
Section 1 – paragraph 6 – introductory part
6. Requests that in addition to the four building blocks outlined in the EMU roadmap, a fifth one, «Calls for setting up a fifth building block, 'Towards an integrated employment and social policy framework»', is set upn addition to the four building blocks outlined in the EMU roadmap in order to promote:
Amendment 31 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 1
Section 1 – paragraph 6 – indent 1
– the introduction of a European Youth Guarantee;
Amendment 35 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 1 a (new)
Section 1 – paragraph 6 – indent 1 a (new)
- an integrated active employment policy, including investment in human resource development, strategies for employment creation and improved working conditions, measures to encourage and support geographical mobility; forecasting of future occupational requirements, support for integration of disadvantaged groups into employment and income security during unemployment;
Amendment 37 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 1 b (new)
Section 1 – paragraph 6 – indent 1 b (new)
- a social investment pact, focusing on inclusive education and lifelong learning, quality jobs, active inclusion, social protection, inclusive services, equality and anti-discrimination; the increased use of EU funds for inclusion;
Amendment 48 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 4
Section 1 – paragraph 6 – indent 4
– access to affordable and social housing;
Amendment 52 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 5
Section 1 – paragraph 6 – indent 5
– the creation of a social protection floor to guarantee equwhich would provide for universal access to essential health services, income support and subsistence security;
Amendment 57 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 6 a (new)
Section 1 – paragraph 6 – indent 6 a (new)
- equal pay and equal rights for work of equal value for all;
Amendment 58 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 6 b (new)
Section 1 – paragraph 6 – indent 6 b (new)
- an allocation of 25% of cohesion funding for the European Social Fund;
Amendment 59 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 6 c (new)
Section 1 – paragraph 6 – indent 6 c (new)
- a new health and safety strategy including stress related diseases;
Amendment 63 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 7
Section 1 – paragraph 7
7. Underlines that fiscal consolidation and economic recovery require a stable level of internal consumption and adequate contribution to the welfare state and social security systems, which can only be achieved with high levels of quality employment, decent living wages and a fair burden sharing;
Amendment 67 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 8
Section 1 – paragraph 8
8. Calls on the Commission and Council to ensure that policy guidance for fiscal consolidation is fully coherent with the Union's objectives of social and sustainable development, based on Article 9 TFEU and that it is supplemented by a growth and employment package dedicated to sustainable development and quality jobs;
Amendment 78 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 10
Section 1 – paragraph 10
10. Deplores the fact that most Member States have not submitted a National Job Plan as part of their National Reform Programme 2012; considers that an integrated and strengthened economic policy framework must build on the principles of sustainable developmentgrowth and employment, while promoting social cohesion and social welfare;
Amendment 87 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 12
Section 1 – paragraph 12
12. Calls on the Commission to strengthen fair mobility andwith measures to improve and support mobile workers, step up the fight against social dumping due to the misuse of posted workers, both in host and home countries, and to address the legal loopholes in the protection of workers involved in cross-border provision of services;
Amendment 92 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 14
Section 1 – paragraph 14
14. Calls for enhanced surveillance of the effects of economic and monetary policies on the social situation and the labour markets and measures to eliminate the negative social consequences of these policies; suggests therefore to add social policies linked with job creation to be added to the provisions on the surveillance of national economic policies in the framework of the European Semester;
Amendment 101 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 17
Section 1 – paragraph 17
17. Call forUnderlines the need to improve social governance at the European level in parallel ofwith the establishment of European economic governance., in order to ensure strong surveillance and monitoring of the employment and social targets of the Europe 2020 strategy as well as synergy effects and coherent policy making;
Amendment 814 #
2012/2151(INI)
Motion for a resolution
Annex – part 3 – point 3.2 a (new)
Annex – part 3 – point 3.2 a (new)
Amendment 95 #
2012/2097(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises that business closures and retrenchment are jeopardising some of the gains made through CSR in terms of the employment of marginalisedvulnerable groups in society such as persons with disabilities; calls on the Commission to undertake a major analysis of the social impact of the crisis on such initiatives;
Amendment 20 #
2012/2061(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, as consistently highlighted in recent policy papers from the Commission, especially the Europe 2020 Strategy and the Industrial Policy Communication of 278 October 2010, ‘Better anticipating and managing restructuring would help employees and companies to adapt to transitions imposed by excess capacities and by modernisation and structural adjustment’. (…) ‘Management and employees’ representatives are the key players to agree on restructuring strategies at company level. Policy interventions should accompany such restructuring to avoid social hardship and promote new skills and jobs, thus avoidminimising mass redundancies and the decline of entire regions or the relocation of entire industries, by facilitating economic conversion and professional transition.‘;
Amendment 47 #
2012/2061(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas this resolution is without prejudice to employment protection obligations and obligations related to employment termination resulting from national law;
Amendment 84 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 1 Recital 1 a (new)
Recommendation 1 Recital 1 a (new)
(1a) Economically successful and socially responsible restructuring requires integrating it into a long-term strategy aiming at ensuring and strengthening the long-term sustainability and competitiveness of the company. It also requires putting human resources at the heart of companies' strategic development.
Amendment 93 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 1, Recital 4 a (new)
Recommendation 1, Recital 4 a (new)
(4a) Adaptable companies and resilient workforces develop, in cooperation with workers' representatives, the regional and local authorities and other relevant organisations, mechanisms of anticipation and of forward planning of employment and skills needs. They recognise the right for every worker to benefit from appropriate training. Workers recognise that education and lifelong learning are necessary to strengthen their employability.
Amendment 119 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 1, Recital 10
Recommendation 1, Recital 10
(10) Such an EU framework should apply to companies or group of companies, both privately and publicly owned, in accordance with national law and/or collective agreements. In any case to major companies and groups of companies, those which employ on the territory of the EU at least 500 workers, and to the restructuring operations of a certain dimension, covering at least 100 workers in a single company or 500 employees in a company and its dependent companies or one or more Member States over a period of three months. The prescribed thresholds for the size of the workforce are defined in line with the definition included in Directive 38/2009/EC.
Amendment 128 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 2, paragraph 2
Recommendation 2, paragraph 2
2. To that end, companies and employees' representatives, when dealing with restructuring, in a spirit of cooperation, by recognizing that these processes aim at protecting at the same time the interests of companies as regards their competitiveness and sustainability and those of their employees.
Amendment 136 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 3, paragraph 1, point a
Recommendation 3, paragraph 1, point a
(a) "companies" mean companies and groups of companies employing at least 500 employees in the Union, as well as any company part of the group referred to above, without prejudice to lower threshold provided by national law and/or collective agreements;
Amendment 152 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 3, paragraph 1, point g
Recommendation 3, paragraph 1, point g
(g) "restructuring operation" means any re- organisation of thesubstantial process or measure to be adopted by the company or the employer addressed to re-organisation of the corporate and business structure, of work processes and organisation, of the location with a quantitative or qualitative impact on employment;
Amendment 154 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 3, paragraph 1, point g a (new)
Recommendation 3, paragraph 1, point g a (new)
(ga) “information” is defined in line with the provision/definition in the European Society legislation and European Works Council directive EC 38/2009;
Amendment 155 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 3, paragraph 1, point g b (new)
Recommendation 3, paragraph 1, point g b (new)
(gb) “consultation” is defined in line with the provision/definition in European Societies legislation and European Works Council directive EC 38/2009;
Amendment 159 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 3, paragraph 2
Recommendation 3, paragraph 2
2. The present Directivetext, covers restructuring operations affecting at least 100 employees in a single company or 500 employees in a company and its dependent companies in one or more Member States over a period of three months. This is without prejudice to lower thresholds provided for by national law and/or collective agreements.
Amendment 218 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 5, paragraph 4 a (new)
Recommendation 5, paragraph 4 a (new)
4a. Whenever possible and appropriate, companies: (a) develop the mechanisms and plans provided for in paragraph 2 in close operation with external actors, including regional authorities, universities and other education and training providers, technological institutes, innovation centres and development agencies; (b) participate or contribute to external employment and skills observatories, partnerships, networks and other relevant initiatives taken in the region and/or sector concerned.
Amendment 252 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 7, paragraph 1
Recommendation 7, paragraph 1
1. ABeyond the obligations in EU worker information and consultation rules, any restructuring operation shall be subject to an early explanation and justification to all the relevant stakeholders on the basis of either long-term strategic goals and requirements or short-term constraints.
Amendment 258 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 7, paragraph 2
Recommendation 7, paragraph 2
2. The dialoguejustification provided for in paragraph 1 shall include the justification ofreason for the choice of the measures envisaged in order to achieve the objectives and of other possible options, in the light of all the interests concerned.
Amendment 297 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 8, paragraph 3
Recommendation 8, paragraph 3
3. When redundancies cannot be avoided or as part of the package to be implemented in the context of alternative options, companies shall make available to the employees concerned measures that aim to enhanceaimed at re-enforcing their employability and helping them to re-enter the labour market as quickly as possible without prejudice to employment protection obligations and obligation related to employment termination resulting from national law.
Amendment 304 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 9
Recommendation 9
9. The provisions of Recommendations 6, 7 and 78 do not apply to companies and employees covered by an agreement concluded at the relevant level and with the relevant parties on the procedures and mechanism for preparing, managing in a socially responsible way and minimising internal social costs of restructuring operations.
Amendment 312 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 10, paragraph 1 a (new)
Recommendation 10, paragraph 1 a (new)
1a. For the purpose of paragraph 1, companies inform the regional or local authorities and other relevant actors of the measures being prepared in accordance with recommendation 8. They shall participate and/or contribute to any task-force or network established at regional or sectoral level to minimise the impact of the operation.
Amendment 313 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 10, paragraph 1 b (new)
Recommendation 10, paragraph 1 b (new)
1b. Insofar as this proves to be necessary and in accordance with national or regional requirements, companies design and implement plans aimed at rehabilitating and/or reallocating industrial sites likely to be abandoned, as an environment measure, as a means to attract new activities and a way to absorb a proportion of the jobs to be lost.
Amendment 316 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 10, paragraph 2
Recommendation 10, paragraph 2
2. The measures referred to in Recommendation 78 shall cover, as far as possible, the employees of companies that are dependent by reasons of subcontracting, supply contract and others. Dependent companies and their workers are, in any case, informed of those measures insofar as such information is required or useful for their own adaptation and for the management of the restructuring process within them.
Amendment 380 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 14, paragraph 2 a (new)
Recommendation 14, paragraph 2 a (new)
2a. The Commission shall set up a specific coherent and consistent statistical system of information on restructuring operations addressed to implement a shared common definition on what situations qualify and makes a restructuring operation, the relevant causes and effects in order to measure the outcomes. Member States shall cooperate in this system by providing statistical information on restructuring operation, according to agreed technical specifications. In the meanwhile, the competent public authorities should ensure that the reporting requirements on the number and type of workers notified of dismissal according to the Collective Redundancies Directive should be collected and compiled at the national level.
Amendment 383 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 14 a (new) (to be introduced as the First Recommendation in Section VI MISCELLANEOUS PROVISIONS)
Recommendation 14 a (new) (to be introduced as the First Recommendation in Section VI MISCELLANEOUS PROVISIONS)
Minimum requirements 1. This Directive is without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive.
Amendment 386 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 15, paragraph 1
Recommendation 15, paragraph 1
1. Member States shall provide that employees' representatives and any other person who accedes to information which has expressly been provided to them as a result of the Directive are not authorised to reveal it if it has been delivered on a confidential basis, according to national law and practice.
Amendment 35 #
2012/2004(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the European Commission recognises social economy actors and social enterprises as important drivers of inclusive job creation and, encouraging the labour inclusion of vulnerable groups such as disabled persons, and of social innovation that, which require specific support23;
Amendment 175 #
2012/2004(INI)
Motion for a resolution
Paragraph 16 – indent 2
Paragraph 16 – indent 2
– while profit-making in general is allowed and even supported, allowed and even supported, profits, operating surpluses, funds profits, operating surpluses, funds and reserves are primarily to be and reserves are primarily to be reinvested in quality, innovation reinvested in the furtherance of and development; their social objective;
Amendment 244 #
2012/2004(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the Commission’s proposal to set up a multilingual, accessible online platform for social enterprises that should, inter alia, enable the exchange of best practices, facilitate information-sharing about access to funding and serve as a network for cross-border cooperation;
Amendment 262 #
2012/2004(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission and the Member States to support smaller businesses set up by young and/or innovative entrepreneurinnovative, young, female entrepreneurs and/or vulnerable groups, such as disabled persons;
Amendment 271 #
2012/2004(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Points out that social business requires a maximum of support and acceptance, and calls for a broad information campaign to be launched by means of introducing a multilingual, accessible online-platform that provides quick and easy information for citizens seeking for social products and services, and which gives a good overview of the activities and added value of this sector;
Amendment 29 #
2012/0366(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, taking into consideration scientific progress and internationally agreed standards in order to evaluate their toxicity or addictiveness.
Amendment 70 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods for emissions, setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness, , the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 93 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 98 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 100 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts , at the request of a Member State or on its own initiative, be able to determine by means of implementing accordance with Article 22ts whether or not to withdraw this exemption if there is a substantialignificant change of circumstances as established in a Commission report. involving an increase in sales volume by product category of at least 20 % in the ten largest Member State markets by volume. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21 and shall not apply in the case of new tobacco products regulated in Article 17.
Amendment 101 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 110 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 117 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 123 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 60 #
2012/0061(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62, 151 and 62153 thereof,
Amendment 62 #
2012/0061(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 15, 21 and 28 thereof,
Amendment 65 #
2012/0061(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Pursuant to Article 3(3) TEU, the internal market is not an end in itself, but a means to achieve social progress. The free movement of workers, the freedom of establishment and the freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty. The implementation of these principles is further developed by Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workerlegislation and measures aimed at guaranteeing the rights of workers and a level playing field for businesses.
Amendment 74 #
2012/0061(COD)
Proposal for a directive
Recital 3
Recital 3
(3) With respect to workers temporarily posted to carry out work in order to provide services in another Member State than the one in which they habitually carry out their work, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services establishes a core set of clearly defined terms and conditions of work and employment which must at least be complied with by the service provider in the Member State to which the posting takes place to ensure the minimum protection of the posted workers concerned.
Amendment 75 #
2012/0061(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) This directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to Articles 4 and 5 of Directive 96/71/EC.
Amendment 78 #
2012/0061(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
Amendment 79 #
2012/0061(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) In case of non-compliance, such as when a worker is found not to be genuinely posted, an undertaking should be subject to the relevant legislation applicable in the Member State to which the posting takes place, and all persons posted by the undertaking concerned shall be deemed workers exercising their freedom of movement within the Union.
Amendment 83 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved and the risk of contradictions in the application of EU law reduced.
Amendment 88 #
2012/0061(COD)
Proposal for a directive
Recital 6
Recital 6
(6) As is the case with Directive 96/71/EC, this Directive should not prejudice the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, or the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems and, Regulation No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012 or Article 45 and 46 TFEU. The provisions of this Directive should be without prejudice to Member States providing for more favourable conditions for posted workers.
Amendment 94 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of payhis Directive and Directive 96/71/EC should not interfere with different national industrial relations and collective bargaining systems.
Amendment 99 #
2012/0061(COD)
Proposal for a directive
Recital 9
Recital 9
(9) For the purpose of ensuring that a posted worker receives the correct pay and provided allowances specific to posting can be considered part of minimum rates of pay, such allowances should only be deducted from wages if national law, collective agreements and/or practiceas provided for by national law, collective agreements and/or practice of the Member State in which the posting takes place. Allowances specific to posting should be taken into account provided they are paid by the hour and regardless of the circumstances of the work performed. Allowances paid in reimbursement of expenditure actually incurred on account of the hpost Member State provide for thising, such as expenditure on travel, board and lodging should not be taken into account, as the reimbursement of such expenditure is an obligation on the employer.
Amendment 101 #
2012/0061(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) This Directive, Directive 96/71/EC and Directive 2008/104/EC should guarantee that temporary agency workers who are also posted workers benefit from the most advantageous terms and conditions of employment.
Amendment 105 #
2012/0061(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecthile underlining the important role of labour inspectorates and the social partners in this respect.
Amendment 109 #
2012/0061(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Effective, regular and flexible labour inspections are essential and adequate funding should be provided in order for the competent authorities to detect and combat misuse and circumvention. Member States should be entitled to perform any controls needed in order to fully comply with Article 5 in 96/71/EC and the provisions in this Directive.
Amendment 113 #
2012/0061(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Posted workers should not be used to replace workers on strike.
Amendment 117 #
2012/0061(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should take appropriate measures in order to prevent the misuse and/or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights. In particular, posted workers sent to replace workers on strike, successive assignments to the same post and bogus self employment should be prevented.
Amendment 118 #
2012/0061(COD)
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) Competent authorities should make an overall assessment of all factual elements in order to determine if an undertaking is genuinely established in a Member State other than the one to which it directs its services. Member States should ensure that the undertakings provide the necessary evidence. If it cannot be established that genuine substantial activity are carried out in the Member State of establishment, the undertaking should, for the purpose of this Directive and Directive 96/71/EC, be considered as established in the Member State to which the posting takes place.
Amendment 119 #
2012/0061(COD)
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) In order to assess whether a posted worker is temporarily carrying out his or her work in a Member State other than the one in which he or she normally works, all elements characterizing such work and the situation of the worker should be examined. Member States should ensure that undertakings provide the necessary evidence. If it cannot be established that a worker is a posted worker within the meaning of this Directive and Directive 96/71/EC, he/she should be considered as habitually employed in the Member State to which the posting takes place, within the meaning of Regulation No 593/2008.
Amendment 120 #
2012/0061(COD)
Proposal for a directive
Recital 11 d (new)
Recital 11 d (new)
(11d) In case terms and conditions of employment in the Member State of establishment and/or the Member State to which the posting takes place are more favourable to posted workers than this Directive and/or Directive 96/71/EC, the more favourable terms and conditions should apply.
Amendment 131 #
2012/0061(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligations to make information on terms and conditions of employment generally available and to provide effective access free of charge to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised.
Amendment 133 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Posted workers have an individual right to information and advice on the applicable terms and conditions of work and employment. It is the responsibility of the Member States to set up appropriate bodies to which posted workers can turn in this respect.
Amendment 144 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certainthe necessary control measures orand administrative formalities to undertakings posting workers for the provision of services. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained in order to effectively combat fraud and unfair competition.
Amendment 152 #
2012/0061(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A comprehensive and effective system of preventive and control measures, together with deterrent penalties to identify and prevent individual instances of bogus self- employed, should contribute to combat concealed employment effectively. In this context it is essential that competent authorities in the member states have the means to check if there is a situation of dependency between the allegedly self- employed individual and his or her employer.
Amendment 154 #
2012/0061(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to combat bogus self- employment and other violations of existing legislation, a European register should be set up for companies that have repeatedly violated the rules laid down in this Directive and Directive 96/71/EC. The purpose of the register should also be to ensure a level playing field and fair competition among companies.
Amendment 156 #
2012/0061(COD)
Proposal for a directive
Recital 18
Recital 18
(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, and to reduce, as far as possible, differences in the level of application and enforcement across the Union, Member States should ensure that effective and adequate inspections are carried out on their territory.
Amendment 159 #
2012/0061(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 164 #
2012/0061(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts. Trade unions should have a right of collective action and the possibility of representative action.
Amendment 172 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector,With a view to reducing abuses in subcontracting situations and in order to protect posted workers‘' rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authoritiesall contractors up the chain can be held liable to pay to posted workers all entitlements due to him/her.
Amendment 181 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 192 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 199 #
2012/0061(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) This Directive and Directive 96/71/EC apply also to transport undertakings other than those engaged in maritime transport, which post workers to other Member States, including air and freight transport as well as cabotage operations as recognised in recital 17 of Regulation No 1072/2009/EC of the European Parliament and of the Council on common rules for access to the international road haulage market.
Amendment 208 #
2012/0061(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Insufficient cooperation between Member States remains a problem in enforcing Directive 96/71/EC. This hinders the creation of a level playing field for companies and the protection of workers. In the case of Member States failing to live up to the provisions laid down in this Directive and Directive 96/71/EC, the Commission should, in accordance with the Treaty of the European Union, take legal action.
Amendment 213 #
2012/0061(COD)
Proposal for a directive
Recital 33
Recital 33
(33) This Directive and Directive 96/71/EC respects the fundamental rights and observes the principles recognised in the European Convention on Human Rights, ILO Conventions and the Charter of Fundamental Rights of the European Union, notably protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the freedom to conduct a business (Article 16), the right to equality (Article 20), non-discrimination (Article 21), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), and the right to an effective remedy and to a fair trial (Article 47) and has to be implemented in accordance with those rights and principles.
Amendment 215 #
2012/0061(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Fundamental social rights should not be called into question on grounds of economic freedoms. Therefore this Directive should strengthen the enforcement of Directive 96/71/EC in particular in light of legal uncertainties resulting from the judgments of the European Court of Justice notably Viking (C-438/05), Laval (C-341/05), Rüffert (C- 346/06) and Luxembourg (C-319/06).
Amendment 217 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
1. This Directive establishes a general common framework of appropriateset of provisions, measures and control mechanisms necessary forenabling Member States to ensure better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC, including measures to prevent and sanction any abuse and circumvention of the applicable rulesterms and conditions of employment that apply in the place where the service is to be performed, without prejudice to more favourable treatment of the worker.
Amendment 220 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)
Article 1 – paragraph 1 – subparagraph 1 a (new)
This Directive clarifies which measures fall under the public policy provisions, which are provisions covering those mandatory rules from which there can be no derogation and which, by their nature and objective, meet the imperative requirements of the public interest.
Amendment 223 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross- border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 226 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2 a (new)
Article 1 – paragraph 1 – subparagraph 2 a (new)
This Directive does not affect in any way the competences of the Member States to define mandatory labour standards and working conditions for all workers pursuing labour on their territory as stated in Article 3 (10) of Directive 96/71 as long as these standards are not protectionist or discriminatory.
Amendment 230 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not affect in any way the exercise of fundamental rights as recognised in Member States and by Union laws well as at Union and international level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practices. Nor does it affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.
Amendment 237 #
2012/0061(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a Relationship with Union law 1. This Directive and Directive 96/71/EC apply without prejudice to more favourable treatment of workers provided for in other Union law instruments. 2. In case of conflict between this Directive and Directive 96/71/EC on the one hand and Directive 2008/14/EC on temporary agency work on the other hand, priority shall be given to the instrument which guarantees the worker the most favourable treatment with regard to terms and conditions of employment.
Amendment 239 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means an authority body designated by a Member State to perform functions under this Directive, including social partners;
Amendment 250 #
2012/0061(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 255 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall tmake into accountan overall assessment of all factual elements characterising the activities carried out by an undertaking in the Member State in which it is established and, where necessary, in the Member State to which the posting takes place in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include in the Member State of establishment or the employment of staff only in the Member State to which the posting takes place. In particular, the following elements shall be taken into consideration:
Amendment 268 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, has a professional licence or is registered with the chambers of commerce or professional bodiesperforms its substantial business activity in the sector where the posted worker is employed,
Amendment 275 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) the place where the undertaking pays taxes and social security contributions,
Amendment 276 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) the generation of more than 25% turnover in the Member State of establishment,
Amendment 279 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the place where posted workers are recruited and usually employed,
Amendment 283 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clientsproportion of staff working in the Member State of establishment, on the one hand, and the place where the majority of contracts with clients are carried out, on the other hand,
Amendment 312 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
If a subcontractor fails to prove that it performs genuine substantial activities within the meaning of this article in its Member State of establishment, its posted workers shall be presumed to be employed by the contracting undertaking with application of all statutory and collectively agreed rights and obligations in the host Member State.
Amendment 318 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Amendment 333 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a
Article 3 – paragraph 2 – subparagraph 2 – point a
(a) the work is carried out for a limited period of time in another Member State; of a maximum of six months in another Member State; with the agreement of the social partners of the Member States to which the posting takes place, the posting period can be longer, but cannot in any case exceed one year; particular attention shall be paid to the time spent by the worker on posting compared to the length of employment in the habitual place of work;
Amendment 338 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b
Article 3 – paragraph 2 – subparagraph 2 – point b
(b) the posting takes place to a Member State other than the one in or from which the posted worker habitually carries out his or her work according to Regulation (EC) No 593/2008 and/or the Rome Convention;
Amendment 341 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b a (new)
Article 3 – paragraph 2 – subparagraph 2 – point b a (new)
(b a) an employment relationship exists with the worker in accordance with the legislation of the Member State of establishment for at least three months prior to the posting;
Amendment 342 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b b (new)
Article 3 – paragraph 2 – subparagraph 2 – point b b (new)
(b b) the posting takes place from the Member State in which the worker habitually carries out his or her work and the employment relationship has not just been entered into for the posting;
Amendment 346 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns or is expected to resume working tofor the Member State from which he/she issame employer in his habitual place of employment outside the Member State of posteding after completion of the work or the provision of services for which he or she was posted;
Amendment 358 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point d
Article 3 – paragraph 2 – subparagraph 2 – point d
(d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done, as well as;
Amendment 361 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point e
Article 3 – paragraph 2 – subparagraph 2 – point e
Amendment 379 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
All the factual elements enumerated above are indicative factorsshall be included in the overall assessment to be made and mayshall not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation.
Amendment 392 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. When verifying a self-employment status in the host Member State the following criteria shall be taken into consideration in particular: (a) Remuneration and the existence of a link of subordination between a worker and an undertaking; (b) Employment activities before moving to the host Member State; (c) Fulfilment of business requirements in the Member State of establishment and means to continue the business after the return to the Member State of establishment. (d) Maintenance of an office in the Member State of establishment; (e) Payment of taxes in the Member State of establishment; (f) Possession of a VAT number in the Member State of establishment; (g) Registration with chambers of commerce or professional bodies in the Member State of establishment; (h) Entrepreneurial skills.
Amendment 397 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. Member States shall ensure that travel, board and lodging/accommodation are organized and paid for by the employer or that the reimbursement of these costs is guaranteed. In the latter case the employer shall clearly state in the contract with the posted worker how this will take place. Wages shall be paid by the employer via bank transfer to an account in the name of the posted worker. The posted worker shall benefit from adequate accommodation, pursuant to national legislation and practice that ensures a decent standard of living for the duration of posting. These provisions shall be without prejudice to the possibility for posted workers to freely choose their own accommodation. The posted worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated for the duration of posting. If the posted worker is required to pay rent for such accommodation, its cost shall not be excessive in relation to their net remuneration nor to the quality of the accommodation and it shall not be automatically deducted from their wage.
Amendment 403 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 406 #
2012/0061(COD)
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b Applicable law 1. Where it is not established that an undertaking performs genuine substantial activity in the Member State of establishment in accordance with Article 3.1, the undertaking shall be considered to be established in the Member State where it provides the service. 2. Where it is not established that a posted worker is temporarily carrying out work in a Member State other than the one in which he normally works in accordance with Article 3.2, the habitual place of employment, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided. 3. Terms and conditions of employment, as provided for in the national laws and collective agreements of the Member State of establishment and/or the Member State where the service is provided, which are more favourable to workers shall apply. 4. In the event of absence, lack or incompletion of documents such as the ones referred to in Article 3 of Directive 91/533 or the A1 certificate concerning the social security legislation, as stipulated for posted workers by Regulation 883/2004 and implementing Regulation 987/2009, the situation should not be characterised as one of 'temporarily posting' to another Member State, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided.
Amendment 413 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC which are to be applied and complied with by service providers are made generally available in a clearfree of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in Article 4 of Directive 96/71/EC are in a position to carry out their tasks effectively.
Amendment 421 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) indicate clearly, in a detailed and user friendly manner and accessible format on national websites and other means which terms and conditions of employment and/or which parts of their (national and/or regional) legislation have to be applied to workers posted to their territory;
Amendment 424 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) take the necessary measures to make generally available on internet sitewebsites and by other means information on which collective agreements are applicable (and to whom), and which terms and conditions of employment have to be applied by service providers from other Member States in accordance with Directive 96/71/EC, whereby, where possible, links to existing internet sites and other contact points, in particular the relevant social partners, shall be provided;
Amendment 429 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in languages other than the national language(s) of the country in which the services are providedthe requested official EU language, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; further detailed information on labour and social conditions including occupational health and safety shall be easily made available by different means of communication including contact points;
Amendment 443 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) indicate, if possible, a contact person at the liaison office in charge of dealing with requests for information;
Amendment 448 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make available the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workers. Terms and conditions of employment should be available in an accessible and transparent way.
Amendment 454 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Commission and Member States shall ensure adequate support for joint initiatives of the relevant social partners at the European and national level aimed to inform undertakings and workers on the applicable terms and conditions laid down in this Directive and Directive 96/71/EC.
Amendment 458 #
2012/0061(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Workers' access to information and advice 1. Posted workers shall have an independent right to information and advice on the applicable terms and conditions of work and employment provided by the receiving Member State in the desired official EU language. 2. Member States shall ensure that suitable contact points and bodies are available to which workers can turn for information, advice and support concerning their rights. This applies both to the receiving Member States and the sending Member States. 3. In case a Member State gives this task to a third party adequate funding must be ensured.
Amendment 461 #
2012/0061(COD)
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 465 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The cooperation of the Member States shall in particular consist in replying to reasoned requests for information without delay and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC and relevant articles in this Directive, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.
Amendment 474 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution as quickly as possible. Any permanent refusal to provide the requested data shall be considered an infringement to the EU law, as defined in TFEU Articles 258 and following.
Amendment 480 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1 a (new)
Article 6 – paragraph 5 – subparagraph 1 a (new)
Cases in which Member States refuse to provide requested information shall be recorded by the Commission, including the responsible authorities involved.
Amendment 482 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hours. This urgency mechanism shall be used where it is suspected that an undertaking does not genuinely perform substantial activities in the Member State of establishment in accordance with Article 3 of this Directive.
Amendment 485 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2 a (new)
Article 6 – paragraph 5 – subparagraph 2 a (new)
This Article shall not preclude competent authorities in the host Member State from taking immediate measures to investigate, prevent and sanction social fraud.
Amendment 488 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Member States shall ensure the confidentiality of the information which they exchange. Information exchanged shall be used only in respect of the matter(s) for which it was requested in accordance with national law and practice.
Amendment 491 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 496 #
Amendment 499 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 502 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 504 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 507 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 513 #
2012/0061(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 518 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The competent authorities in the host Member State shall record the relevant data with regard to Article 9, paragraph 1 (a). The competent authorities in the Member State of establishment shall record the relevant data with regard to Article 3, paragraph 1 and with regard to the payment of social security contributions and taxes by the service provider. The competent authorities in the host Member State and in the Member State of establishment shall both forward their data to the European Commission (Eurostat) for summaries and regular public reporting.
Amendment 520 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall assess the necessity forensure adequate financial support in order to further improve administrative cooperation and increase mutual trust through projects, including promoting exchanges of relevant officials and training, as well as developing, facilitating and promoting best practice initiatives, including those of social partners at Union level, such as the development and updating of databases or joint websites containing general or sector- specific information concerning terms and conditions of employment to be respected.
Amendment 533 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the followingshall impose administrative requirements and effective control measures. These measures shall include in particular:
Amendment 542 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities at the latest at the commencementone month in advance of the service provision, whereby the declaration may only covershall cover in particular: - the identity of the service provider,; - the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, andanticipated number and the individual identification data of the posted workers; - the anticipated duration of posting; - the place where the service is to be provided; - the services justifying the posting;
Amendment 553 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) an obligation for the service provider to inform the responsible national competent authorities without delay: - in case the posting does not or has not taken place or was terminated ahead of schedule; - in case the service justifying the posting is interrupted; - in case the posted worker has been assigned by his employer to another undertaking, in particular in the event of a merger or a transfer of undertaking; - in case of any other changes related to the information provided according to Article 9.1 (a);
Amendment 555 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), - payslips, - time-sheets and, - proof of payment of wages or copies of equivalent documents during the period of posting, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in itsthe territory of the host Member State, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 568 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation ofin the documents referred to under (b), may be justified providedrequested official EU languages of these documents are not excessively long and standardised forms are generally used for such documentsferred to under (b);
Amendment 578 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) The Member State to which the posting takes place may require that the documents referred to under (b) and any additional mandatory documents are made available without delay to the competent national authorities.
Amendment 587 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact personlegal representative with a residence in the Member State to which the posting takes place, during the period of posting and up to one year after the service provision to deal with administrative and judicial proceedings and to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 597 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) other administrative requirements and control measures without which competent authorities cannot carry out their supervisory tasks effectively. These requirements shall be made publicly available.
Amendment 604 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that the procedures and formalities relating to the posting of workers can be completed easily by undertakings, at a distance and by electronic means as far as possible.
Amendment 612 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Within three years after the date referred to in Article 20, the necessityeffectiveness and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information, the development of more uniform, standardised documents, the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments, with a view to proposing, where appropriate, any necessary amendments or modifications.
Amendment 615 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The Member State of establishment and the Member State to which the posting takes place have both the competence to check the regularity of labour relations and working conditions. In cases of conflicting interpretations the law of the Member State to which the posting takes place prevails.
Amendment 616 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. During the period of posting of a worker, inspection of the working conditions shall lie within the responsibility of the authorities or competent body of the Member State to which the posting takes place. They can carry out factual checks and controls on their own initiative and are not bound to any results of checks or controls carried out by the Member State of establishment.
Amendment 619 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that appropriateffective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in this Directive and Directive 96/71/EC and to guarantee its proper application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shall be taken into account.
Amendment 637 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that inspections and controls of compliance with this Directive and Directive 96/71/EC are not discriminatory and/or disproportionate shall allocate the necessary resources for such inspections and controls.
Amendment 644 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Measures to control the application of Directive 96/71 and to detect abuses in relation to the posting of workers are to be considered public policy provisions in the meaning of Declaration No 10 on Article 3 (10) of Directive 96/71, recorded in the minutes of the Council of the European Union when Directive 96/71 was adopted. Provisions of Member States to fight undeclared labour and to prevent social dumping cannot be restricted on grounds of potentially hampering the freedom to provide services as long as they are not protectionist or discriminatory.
Amendment 652 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/EC, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, also the monitor the application of the relevant terms and conditions of employment of posted workers, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed.
Amendment 662 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. For the enforcement of the obligations under Article 6 of Directive 96/71/EC and this Directivethis Directive and Directive 96/71/EC, Member States shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly, as well as the right to institute judicial or administrative proceedings, also in the Member State in whose territory the workers are or were posted, where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules, even after the relationship in which the failure is alleged to have occurred has ended.
Amendment 664 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and Directive 96/71/EC and/or enforcing the obligations under this Directive and Directive 96/71/EC. Trade unions shall have the right of collective action in order to ensure compliance with the requirements of this Directive and Directive 96/71/EC and the possibility of taking representative action on behalf of posted workers.
Amendment 675 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts. However, a minimum period of at least six months for filing a claim shall be provided for under national rules of procedure.
Amendment 677 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Member States shall ensure that the necessary mechanisms are in place to ensure that posted workers are able to receiveor bodies acting on their behalf are able to claim and receive any due entitlements.
Amendment 680 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
Amendment 686 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
Amendment 692 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
This paragraph shall also apply in cases where the posted workers have returned from the Member State to which the posting took place and also in the case of bogus self-employment.
Amendment 697 #
2012/0061(COD)
Proposal for a directive
Article 12
Article 12
Amendment 700 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 701 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 718 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 736 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 744 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 755 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 764 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 770 #
2012/0061(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.
Amendment 774 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty or fine, fine or retroactive social security contributions or notify a decision imposing a penalty or, a fine, in so far as the relevant laws, regulations and administrative practices in force in the requested authority's Member State allow such action for similar claims or decis or retroactive social security contributions.
Amendment 781 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 783 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Amendment 788 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. If it emerges that the service provider is indeed not established in the Member State of alleged establishment or the address or company data are false, the competent authorities shall not terminate the process on formal grounds but further investigate the matter in order to establish the identity of the natural or legal person responsible for the posting.
Amendment 791 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For the purpose of recovery of a penalty or fine or notification of a decision imposing a penalty or fine in the requested Member State, any fine or penalty, fine or retroactive payment of social security contributions or notification of a decision imposing a penalty, fine or retroactive payment of social security contributions in the requested Member State, any fine, penalty or retroactive payment of social security contributions in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested Member State.
Amendment 794 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. The requested authority shall promptly inform the requesting authority of the action taken on its request for information, notification or recovery and, more specifically, of the date on which the instrument or decision was forwarded or notified to the addressee. The same shall apply if there are substantial obstacles to the request being successfully processed.
Amendment 802 #
2012/0061(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. If, in the course of the recovery or notification procedure, the fine, penalty and/or underlying claim is contested in the requesting Member State by the service provider concerned or an interested partyin compliance with the regulations applicable for contestation,, the cross-border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter.
Amendment 812 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in Articles 6, 7, 10(3), 13, 14 and 15 shall be implemented through the Internal Market Information System (IMI), established by [reference to IMI Regulation]89 or by other established methods of cooperation on which the Member States agree on a case-by-case basis or by means of bilateral agreements.
Amendment 819 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States may continue to apply bilateral arrangements or conclude new bilateral agreements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.
Amendment 821 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 825 #
2012/0061(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Clause of non-regression - More favourable provisions 1. This Directive and Directive 96/71/EC are without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive and Directive 96/71/EC. This is without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided that the minimum requirements laid down in this Directive are respected.
Amendment 833 #
2012/0061(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
No later than 5 years after the expiry of the deadline for transposition, the Commission shall report to the European Parliament, the Council and, the European Economic and Social Committee and the Committee of the Regions on the implementation of this Directive, making appropriate proposals where necessary.
Amendment 22 #
2011/2181(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the 2004 OECD definition of corporate governance should be adopted regarding the entire set of relations between a company’s management, its board, its shareholders and other stakeholders;
Amendment 24 #
2011/2181(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is of the opinion that employee participation in information, consultation and decision-making should be promoted and strengthened, as should co- determination schemes; notes that their privileged insight into internal company procedures enables employee representatives to contribute significantly to diversity and quality on supervisory boards;
Amendment 36 #
2011/2181(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for greater gender diversity in company boardssupervisory and management boards, which must established by a statutory quota;
Amendment 48 #
2011/2181(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 58 #
2011/2181(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes the view that employee financial participation alleviates social tensions while offering employees share income in addition to their agreed earnings; considers therefore that the development of a standard European employee participation model should be envisaged;
Amendment 63 #
2011/2088(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers it essential that teachers benefit from a high standard of training throughout their careers so as to enable them to reorient their practice and hence gear it to the new requirements;
Amendment 78 #
2011/2088(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 79 #
2011/2088(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that ineffective policies on work-life balance increase the instances of early school leaving and academic failure in general; calls on the Member States to intensify their efforts to improve their work-life balance policies and to make preschool education widely available, as this would bring benefits in terms of school careers and reduce drop- out rates within the EU;
Amendment 80 #
2011/2088(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Points out that the early school leaving rate is particularly high in rural regions and in areas economically dominated by sectors requiring a high proportion of seasonal work; calls on the Commission to increase the specific Structural Fund assistance, especially under the European Social Fund, allocated to those areas so as to help combat this phenomenon;
Amendment 100 #
2011/2088(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Bearing in mind that instances of short-lived and insecure employment are higher among persons with little education, calls on the Commission to ensure that efforts to enable early school leavers to return to the labour market invariably go hand in hand with additional training programmes to improve their future employment prospects;
Amendment 114 #
2011/2088(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 115 #
2011/2088(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Considers that, to combat early school leaving, education policies must be linked to policies aimed at promoting economic recovery and hence at creating permanent jobs and averting any dropping-out of education, short-lived and insecure employment, and acceleration of the brain drain;
Amendment D #
2011/2052(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for it to be made clear that the Commission will be legally accountable in on the Commission to fully take account of the correct horizontal social clause as specified in Article 9 TFEU, under which the EU is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health, and calls for the Commission to specify how the Platform will affect assessments of the implementation of that clause; calls for the social impact assessments of European policies to go into greater depthe, event that the horizontal social clause is not applied, and calls for the Commission to specify how the Platform will affect assessments of the implementation of that clause where those policies are not initiated by the Commission but by the European Council, as in the case of the Euro Plus pact; considers that such an in- depth analysis of the application of this clause will make it possible to avoid a levelling-down of social standards in Europe and to promote the development of a common social basis in Europe; calls for this social impact assessment to be made with the associations active in combating poverty and to take account of the situation of the poorest people in Europe as a reference; considers that these assessments should involve the European Parliament, the Committee of the Regions, the European Economic and Social Committee and the Commission’s departments responsible for social affairs under the responsibility of a director- general reporting to the General Secretariat of the European Commission;
Amendment 180 #
2011/2052(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for it to be made clear that the Commission will be legally accountable in the event that the horizontal social clause is not applied, and calls for the Commission to specify how the Platform will affect assessments of the implementation of that clause; calls for the social impact assessments of European policies to go into greater depth, even where those policies are not initiated by the Commission but by the European Council, as in the case of the Europ Plus pact; considers that such an in-depth analysis of the application of this clause will make it possible to avoid a levelling- down of social standards in Europe and to promote the development of a common social basis in Europe; calls for this social impact assessment to take account of the situation of the poorest people in Europe; considers that these assessments should involve the Commission’s departments responsible for social affairs ;
Amendment 308 #
2011/2052(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for the establishment of wage equality between men and women and for equal treatment of EU workers and third- country nationals;
Amendment 18 #
2011/2048(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that public procurement is a key market based instrument which plays a role in fostering sustainable employment and working conditions; calls for compliance with social standards and collective agreements and payment of statutory minimum wages and fees during performance of the contract and in the input and supply chain to be made a binding criterion for the award of contracts, with a view to enforcing the principle of equal pay for equal work performed in the same place;
Amendment 37 #
2011/2048(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that the Green Paper does not use the opportunity to clarify the divergent views on public procurement in relation to the posting of workers1; takes the view, in this connection, that the EU should lay down general legal provisions governing working conditions during the performance of contracts which apply to both contractors and sub-contractors;
Amendment 38 #
2011/2048(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that 11 EU Member States have ratified ILO C94 on labour clauses in public contracts and calls on the Commission to encourage ratification of this Convention by all EU Member States to mitigate the unwelcome effects of recent ECJ court cases in this respect;
Amendment 46 #
2011/2048(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that any revision of the Directives must reflect the provisions of the Lisbon Treaty, in terms of commitments to full employment, a social market economy, and the responsibilities relating to quality public services and the freedom of public authorities and Member States to decide on the financing, organisation and delivery of public services; this includes respect for the choice of public authorities to provide these services “in-house”, or through inter-municipal (public-public) co- operation, which should also be outside of the Public Procurement Directives;
Amendment 47 #
2011/2048(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Supports the normative anchoring of a practical ‘in-house’ tendering option for SSGI, based on the model of the revised Regulation 1370/2007 on public passenger transport services by rail and road, which would provide that any competent local authority may decide to provide services itself or to award public service contracts to a legally distinct entity over which the competent local authority exercises control similar to that exercised over its own department;
Amendment 48 #
2011/2048(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for redefinition of the concept of ‘most economically advantageous offer’ so as to make national and local social and quality criteria for the delivery of SSGI an obligatory requirement in procurement contracts, including subcontracts;
Amendment 79 #
2011/2048(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that, in order to develop the full potential of public procurement, the criterion of the lowest price should be removed, and that in principle there should be only one option for the award of contracthe existing Most Economically Advantageous Tender(MEAT) award criteria should be replaced by the Sustainably Most Advantageous Rated Tender (SMART) as a way to drive markets: the mosto supply more socially, economically, advantageous tender – including the entire life-cycle costs of the relevant goods, services or works – should be chosennd environmentally sustainable products and services;
Amendment 103 #
2011/2048(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to put forward a proposal for a European corporate social responsibility certification system and takes the view that, once such a system has been introduced, it should be possible for contracting authorities to include among the selection criteria for public procurement procedures the requirement that companies must have such certification or other forms of EU quality or environmental certification (or certification from other countries recognised as equivalent by the EU);
Amendment 137 #
2011/2048(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to remove, or make considerably more flexible, the link to the subject matter of the contract to allow more effective social and environmental procurement choices, which will make public contracting more transparent;
Amendment 139 #
2011/2048(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that it is essential to ensure that all the terms – in particular those covering working conditions and environmental and quality requirements – that contractors must meet are also met by sub-contractors; considers, furthermore, that a chain of liability should be established, under which contractors are held liable for any breaches by subcontractors, in particular in connection with working conditions, on the basis of a principle of joint and several liability between contractors and subcontractors;
Amendment 197 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Considers that relevant authorities should be able to impose penalties for failing to deliver on sustainable development objectives in accordance with the criteria indicated in the tender, including in the case of sub-contracting;
Amendment 26 #
2011/0397(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Ambiguity exists as to whether Member States may requireMember States should ensure legally and without any ambiguity the takeover of staff upon a change of provider for groundhandling services to which access is limited. Discontinuity of staff can havehas a detrimental effect on the quality of groundhandling services. It is therefore appropriate to clarify tThe rules on the takeovransfer of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditionshe change of groundhandling providers enabling Member States to safeguard employee´s rights, high labour standards and decent working conditions should be amended where necessary via provisions for the transfer of staff. Dismissal on economic, technical or organisational grounds should not be permitted in this context.
Amendment 33 #
2011/0397(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In a labour-intensive sector such as groundhandling, continuous staff development, education and training have a strong impact on service quality. Minimum training requirements should therefore be set to ensure and the safety of operations. The competent authorities in the Member States in cooperation with EASA, airport operators and the social partners should set ambitious minimum standards to ensure the highest quality for education and training of employees in the groundhandling sector. These standards should be regularly updated and developed in order to contribute to the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators. No new service providers should be approved until the required standards are met at the respective airport.
Amendment 38 #
2011/0397(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Member States should retain the power to ensureensure that the staff of undertakings providing groundhandling services enjoy an adequate level of social protection, for the staff of undertaking providing groundhandling servicesair working conditions and decent living wages, which should also be ensured in the event of subcontracting and service contracts. No new service providers should be approved until the required standards are met at the respective airport.
Amendment 43 #
2011/0397(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Safeguarding of employees' rights in the event of transfer of staff for services subject to market access restrictions
Amendment 44 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. This Article applies only toto all groundhandling services for which the Member State concerned has limited the number of suppliers in accordance with Article 6 or 14.
Amendment 48 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where, following the selection procedure laid down in Articles 7 to 10, a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services or where a service provider ceases to provide groundhandling services to an airport user or where a self-handling airport user decides to cease self-handling, Member States mayshall require supplier(s) of groundhandling services or self-handling airport users which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of Council Directive 2001/23/EC17 . The provisions set out in Article 4(1), second sentence, of Directive 2001/23/EC shall not apply in these cases.
Amendment 52 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall limit the requirement in paragraph (2) to the employees of the previous supplier who are involved in the provision of services for which the previous supplier lost authorisation, and who voluntarily accept to be taken on by the new supplier(s) or self-handling airport user. The costs of redundancy plans for departing staff shall be borne by airport users in proportion to their share of traffic.
Amendment 54 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 56 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Where a Member State imposes a requirement as referred to in paragraph (2), tTender documents for the selection procedure laid down in Articles 7 to 10 shall list the staff concerned and give the relevant details of employees' contractual rights and the conditions under which employees are deemed to be linked to the services in question. Staff and union representatives shall have access to those lists.
Amendment 57 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 60 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 63 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 66 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
Amendment 72 #
2011/0397(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
An undertaking applying for an approval shall demonstrate that its employees have the qualification, professional experience and length of service necessary for the performance of the activity it applies for. Individual requirements concerning qualifications, professional experience and length of service shall be set for each airport by the competent authorities in the Member State in cooperation with EASA as well as the airport operator and the social partners concerned. Moreover, general standards for groundhandling staff shall be established at EU level by EASA in cooperation with the competent authorities of the Member States, the airport operators and social partners. These requirements shall be monitored by the competent authorities in the Member States in cooperation with EASA.
Amendment 78 #
2011/0397(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Suppliers of groundhandling services and self-handling airport users shall ensure that all their employees involved in the provision of groundhandling services, including managing staff and supervisors, regularly attend specific and recurrent training to enable them to perform the tasks assigned to them and to prevent accidents and injuries. The competent authorities in the Member States shall monitor compliance with education and training standards. Recurrent training at the expense of the concerned groundhandling service provider or self-handling airport users may be required. No new service providers shall be approved until the required standards are met at the respective airport.
Amendment 80 #
2011/0397(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Every employee involved in the provision of groundhandling services shall attend at least two days ofbasic theoretical and practical education and specific training relevant for the tasks assigned to the employeeasks. Every employee shall attend the relevant training whenbefore taking up a new job or when a new task is assigned tostarting a newly assigned task. Airport specific details and the minimum duration concerning the education and training shall be determined by the competent authorities in Member States in cooperation with EASA as well as concerned airport operators and social partners. A practical and a theoretical test shall serve to demonstrate that the relevant skills and knowledge have been acquired during the courses. The training costs shall be borne in full by the employeers.
Amendment 87 #
2011/0397(COD)
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Where relevant for the activity of the groundhandling services in question, training and tests shall cover at least:
Amendment 88 #
2011/0397(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1 (new)
Article 34 – paragraph 3 – subparagraph 1 (new)
The specific content of the courses and tests and their proper conduct shall be regulated and monitored by the competent authorities in Member States in cooperation with EASA. EASA shall define the training criteria to be met in order to establish a European certification standard for the safety-related functions as referred to in Article 21.
Amendment 91 #
2011/0397(COD)
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. The Commission shall submit a report to the European Parliament and the Council on the implementation of this Regulation not later than 53 years after the date of application of this Regulation. The report shall in particular assess any significantthe impact on the quality of groundhandling services, as well as employment and working conditions. The report shall includexamine the following set of indicators and criteria for a sample of airports:
Amendment 92 #
2011/0397(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point l
Article 39 – paragraph 1 – point l
(l) minimum quality standards for groundhandling undertakings in the Union with regard to the eleven categories of services;
Amendment 93 #
2011/0397(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point n
Article 39 – paragraph 1 – point n
(n) transfer of staff and its impact on the protection of employees, particularly the number of staff transferred where a change of groundhandling service provider occurred, the number of staff who accepted voluntary redundancy where a change of groundhandling service providers occurred; the development of wages in the case of transferred workers; the number of cases brought before employment tribunals in connection with transfers; the number of staff who accepted voluntary redundancy and are dependent on payments from national social security systems;
Amendment 95 #
2011/0397(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point o
Article 39 – paragraph 1 – point o
(o) employment and working conditions in the groundhandling sector, particularly trends in wages and salaries in comparison with trends in prices charged for groundhandling and in comparison with changes in the productivity of groundhandling services at the airport as a whole and those supplied by individual groundhandling service providers.
Amendment 96 #
2011/0397(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point o a (new)
Article 39 – paragraph 1 – point o a (new)
(o a) link between delays caused by groundhandling services and insufficient quality standards;
Amendment 97 #
2011/0397(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 32 #
2011/0385(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) All policies of the European Union have to be consistent with the Charter of Fundamental Rights, which grants both individual and collective rights to citizens. Besides, the EU and its Member States should respect the main principles of the core conventions of the International Labour Organisation, which protects the basic rights of all workers.
Amendment 878 #
2011/0294(COD)
add the following multimodal platforms to the comprehensive network: – Pontevedra – Zalia – Torrelavega – Júndiz – Monzón – El Vallés – El Prat – El Gorguel – Ciudad Real – Albacete – San Roque – Mérida – Ponferrada/El Bierzo – Castellón – Alicante – Benavente – Zamora – Miranda de Ebro – Burgos – Palencia – Área Central – Aranda de Duero – Soria – Arévalo – Ávila – Segovia
Amendment 879 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
add the following rail freight transport sections to the core network: – Almería – Málaga – Algeciras (along the coast) – Granada – Motril – Castejón – Logroño – Miranda – León – Gijón / Avilés – Palencia – Santander – Madrid – Cáceres – Mérida – Mérida – Badajoz – Portuguese border – Mora – Ciudad Real – Mérida
Amendment 881 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
Amendment 892 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add the following rail passenger transport sections to the comprehensive network: – Almendricos – Águilas – Barcelona – Massanet – Barcelona – Puigcerdá – Játiva – Alcoy – Lleida – Manresa – Barcelona – Los Rosales – Zafra – Madrid – Burgos – Villalba – Segovia
Amendment 894 #
2011/0294(COD)
add the following high-quality road sections to the comprehensive network: – Valladolid – Aranda de Duero – Soria – Ourense – Santiago – Ourense – Guntín – Ponferrada – Ourense – Monforte – Chantada – Astorga – León – Burgos – Burgos – Logroño – Pamplona – Ávila – Salamanca – León – Valladolid – Segovia – Valladolid – Ávila – Maqueda – Toledo – Ocaña – Tarancón – Cuenca – Teruel – Alfajarín – Fraga -Catalayud – Daroca – Alcolea del Pinar – Monreal del Campo – Badajoz – Zafra – Córdoba – Baena – Granada – Huelva – Jabugo – Zafra – Estepa – Lucena – Baena – Jaén – Úbeda – Blanca – Avarán – La Font de la Figuera – Alicante – Alcoy – Játiva – Elche – Cartagena – Vera – Figueras – Puigcerdá – Ávila – Villacastín – San Rafael – Segovia
Amendment 219 #
2011/0288(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
Amendment 229 #
2011/0288(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 250 #
2011/0288(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) the sustainable development of the economical activity of holdings other than those referred to in paragraph (2)(d);.
Amendment 264 #
2011/0288(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point b a (new)
Article 12 – paragraph 3 – point b a (new)
(ba) the requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation as a minimum requirement, as laid down in Annex I to this Regulation.
Amendment 302 #
2011/0288(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Following the Commission decision approving the programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission. This initial pre-financing amount shall represent 47% of the EAFRD contribution to the programme concerned. It may be split into a maximum of three instalments depending on budget availability. The first instalment shall represent 2% of the EAFRD contribution to the programme concerned.
Amendment 314 #
2011/0288(COD)
Proposal for a regulation
Article 35 – paragraph 3 – point a
Article 35 – paragraph 3 – point a
(a) transmission to the Commission of a monthly declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c);
Amendment 315 #
2011/0288(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Commission shall automatically decommit any portion of a Member State’s budget commitment for a rural development programme that has not been used for the purpose of prefinancing or making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 35(3) has been presented to it in relation to expenditure incurred by 31 December of the second year following that of the budget commitment.
Amendment 335 #
2011/0288(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Where the latest possible date of payment is not respected by the Member States, they shall pay the beneficiaries default interests, supported from the national budget.
Amendment 349 #
2011/0288(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
When sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the numbers of checks carried out pursuant to Article 61 and their outcome and the Member States overrun that period, the Commission may suspend, in accordance with the principle of proportionality and the detailed rules adopted on the basis of Article 48(5), and taking due account of the length of the delay, the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time, except in cases of force majeure or in exceptional circumstances.
Amendment 387 #
2011/0288(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. For any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within one year of the first indicationadministrative or judicial report establishing that such an irregularity has taken place and shall record the corresponding amounts in the debtors' ledger of the paying agency.
Amendment 395 #
2011/0288(COD)
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
If recovery has not taken place within four years of the date of the recovery request, or within eight years where recovery is taken in the national courts, the financial consequences of non-recovery shall be borne up to a maximum of 50% by the Member State concand shall be coverned up to a maximum of 50% from the EU budget, without prejudice to the requirement that the Member State concerned must pursue recovery procedures in compliance with Article 60.
Amendment 409 #
2011/0288(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
When the Union budget is credited as referred in the first paragraph, the Member State may retain 120% of the corresponding amounts as flat rate recovery costs, except in cases of irregularity or negligence attributable to its administrative authorities or other official bodies.
Amendment 486 #
2011/0288(COD)
Proposal for a regulation
Article 75 – paragraph 1 a (new)
Article 75 – paragraph 1 a (new)
1a. Each Member State shall designate an authority responsible for coordinating the controls and checks provided for in this Chapter.
Amendment 499 #
2011/0288(COD)
Proposal for a regulation
Article 76 – paragraph 1 – subparagraph 3 a (new)
Article 76 – paragraph 1 – subparagraph 3 a (new)
The Commission may, by means of delegated acts pursuant to Article 111, authorise the Member States to increase the percentages referred to in subparagraph 3 to 80% in exceptional and duly justified conditions.
Amendment 567 #
2011/0288(COD)
Proposal for a regulation
Article 93 – paragraph 3
Article 93 – paragraph 3
Amendment 580 #
2011/0288(COD)
Proposal for a regulation
Article 93 – paragraph 4
Article 93 – paragraph 4
Amendment 626 #
2011/0288(COD)
Proposal for a regulation
Article 99 – paragraph 2 – subparagraph 1
Article 99 – paragraph 2 – subparagraph 1
In the case of non -compliance due to negligence, the percentage of reduction shall not exceed 5 % and, in the case of repeated non-compliance, 15 %, except in extremely serious cases, when it shall not be less than 20 % and may go as far as total exclusion from one or more aid schemes and apply for one or more calendar years.
Amendment 630 #
2011/0288(COD)
Proposal for a regulation
Article 99 – paragraph 3
Article 99 – paragraph 3
Amendment 641 #
2011/0288(COD)
Proposal for a regulation
Article 100 – paragraph 1
Article 100 – paragraph 1
Member States may retain 1025% of the amounts resulting from the application of the reductions and exclusions referred to in Article 99.
Amendment 648 #
2011/0288(COD)
Proposal for a regulation
Article 102 – paragraph 1 – subparagraph 1 – point c – point v
Article 102 – paragraph 1 – subparagraph 1 – point c – point v
(v) a summaryn annual summary, together with the EAGF and EAFRD expenditure account, of the results of all available audits and checks carried out in accordance with the schedule and detailed provisions laid down in the sector specific rules.
Amendment 708 #
2011/0288(COD)
Proposal for a regulation
Annex II — Main Issue ‘Water’ — SMR1 — last column
Annex II — Main Issue ‘Water’ — SMR1 — last column
Amendment 716 #
2011/0288(COD)
Proposal for a regulation
Annex II — Main Issue ‘Water’ — GAEC 3
Annex II — Main Issue ‘Water’ — GAEC 3
Amendment 720 #
2011/0288(COD)
Proposal for a regulation
Annex II — Main Issue ‘Soil and carbon stock’ — GAEC 4
Annex II — Main Issue ‘Soil and carbon stock’ — GAEC 4
Amendment 724 #
2011/0288(COD)
Proposal for a regulation
Annex II — Main Issue ‘Soil and carbon stock’ — GAEC 6
Annex II — Main Issue ‘Soil and carbon stock’ — GAEC 6
Amendment 738 #
2011/0288(COD)
Proposal for a regulation
Annex II — Main Issue ‘Biodiversity’ — SMR 2 — last column
Annex II — Main Issue ‘Biodiversity’ — SMR 2 — last column
Amendment 744 #
2011/0288(COD)
Proposal for a regulation
Annex II — Main Issue ‘Biodiversity’ — SMR 3 — last column
Annex II — Main Issue ‘Biodiversity’ — SMR 3 — last column
Amendment 750 #
2011/0288(COD)
Proposal for a regulation
Annex II — Main Issue ‘Landscape, minimum level of maintenance’ — GAEC 8
Annex II — Main Issue ‘Landscape, minimum level of maintenance’ — GAEC 8
Retention of landscape features, including, where appropriate, hedges, ponds, ditches, trees in line, in group or isolated, field margins and terraces, and including a ban on cutting hedges and trees during the bird breeding and rearing season and possible measures for avoiding invasive species and pests
Amendment 764 #
2011/0288(COD)
Proposal for a regulation
Annex II — Main Issue ‘Plant protection products’ — SMR 10 — last column
Annex II — Main Issue ‘Plant protection products’ — SMR 10 — last column
Amendment 14 #
2011/0285(COD)
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Regulation (EC) No 1234/2007
Article 103n
Article 103n
-1) In Article 103n of Regulation (EC) No 1234/2007, the following paragraph is added: "-1. By 1 August 2013, Member States may decide to reduce, with effect from 2015, the amount available for the support programmes referred to in Annex Xb in order to increase their national ceilings for direct payments referred to in Article 40 of Regulation (EC) No 73/2009. The amount resulting from the reduction referred to in the first paragraph shall remain in the national ceilings for direct payments referred to in Article 40 of Regulation (EC) No 73/2009 on a permanent basis and shall no longer be available for the measures listed in Articles 103p to 103y."
Amendment 84 #
2011/0282(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure the immediate start and efficient implementation of rural development programmes, support from the EAFRD should be based on the existence of sound administrative framework conditions. Member States should therefore assess compliance with certain ex ante conditionalities. Each Member State should prepare either a national rural development programme for its entire territory or a set of regional programmes, a set of regional programmes, or both a national programme and a set of regional programmes. In the event that a Member State chooses to submit both a national programme and a set of regional programmes, the measures or types of operations should be planned at national or regional level. Each programme should identify a strategy for meeting targets in relation to the Union priorities for rural development and a selection of measures. Programming should comply with Union priorities for rural development, while being adapted to national contexts and complement the other Union policies, in particular the agricultural market policy, cohesion policy and the common fisheries policy. Member States which opt for a set of regional programmes should be able to also prepare a national framework, without a separate budgetary allocation, in order to facilitate co-ordination among the regions in addressing nation-wide challenges. In the event that a Member State chooses to submit both a national programme and regional programmes, the national framework should contain common elements to ensure coherence between the programmes.
Amendment 105 #
2011/0282(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In cases where over 50 % of the total workforce in the sector is made up of salaried workers, or where most jobs are held by casual or seasonal workers in respect of some States, regions and crops, employees are particularly at risk of exclusion and poverty. Given that inclusion and poverty reduction is one of the six priorities of the Europe 2020 Strategy, the working conditions and social well-being of agricultural employees or agricultural salaried workers, and casual or seasonal workers in particular, should be improved. In this context, seasonal commitments to repeat employment should also be promoted (for the purposes of job stability) in order to help salaried workers gain professional status and to improve, in turn, the competitiveness and image of the sector in question.
Amendment 147 #
2011/0282(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Producer groups help farmers to face jointly the challenges posed by increased competition and consolidation of downstream markets in relation to the marketing of their products including in local markets. The setting up of producer groups should therefore be encouraged. In order to ensure the best use of limited financial resources only producer groups that qualify as SMEs should benefit from support. In order to ensure that the producer group becomes a, associations of such groups, inter- branch organisations, management cooperatives and other types of associative bodies should therefore be encouraged. In order to stimulate concentration of supply, additional forms of support over and above those provided for the establishment of the above-mentioned bodies should also be organised. In order to ensure that the producer group or other types of bodies mentioned above become viable entityies, a business plan or action programme should be submitted as a condition for the recognition of a producer groupsuch bodies by Member States. To avoid providing operating aid and maintain the incentive role of support, its maximum duration should be limited to five years.
Amendment 162 #
2011/0282(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Agri-environment-climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society's increasing demands for environmental services. They should further encourage farmers and other land managers to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity. In this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention. Payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken and should only cover commitments going beyond relevant mandatory standards and requirements, in accordance with the "polluter pays" principle. In many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit. However, joint action brings additional transaction costs which should be compensated adequately. In order to ensure that farmers and other land managers are in a position to correctly implement the commitments they have undertaken, Member States should endeavour to provide them with the required skills and knowledge. Member States should maintain the level of efforts made during the 2007-2013 programming period and have to spend a minimum of 25% of the total contribution from the EAFRD to each rural development programme for climate change mitigation and adaptation and land management, through the agri- environment-climate, organic farming, forestry, Natura 2000 payments and payments to areas facing natural or other specific constraints measures as well as payments to areas covered by the application of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, or Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.
Amendment 183 #
2011/0282(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The main threat to renewable natural resources in rural areas in the Mediterranean is the risk of forest fires. Appropriate rural development in these areas should therefore include monitoring and prevention measures, including efforts to inform and raise awareness among the local population and those who visit such areas for various reasons.
Amendment 201 #
2011/0282(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to facilitate the management of EAFRD funds, a single contribution rate of the EAFRD to rural development programming should be set in relation to public expenditure in the Member States. In order to take account of the particular importance or nature of certain types of operations, specific contribution rates should be set in relation to them. In order to mitigate the specific constraints resulting from level of development, remoteness and insularity an appropriate contribution rate of the EAFRD should be set for less- developed regions, transition regions, outermost regions referred to in the Treaty and the smaller Aegean islands.
Amendment 205 #
2011/0282(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) Moreover, in view of ensuring consistency with the rural development measures eligible for Union support and in order to simplify procedures, payments made by the Member States, intended to provide additional national financing for rural development operations for which Union support is granted and which do not fall within the scope of Article 42 of the Treaty, should be authorised as a part of programming under a notification procedure in accordance with the provisions of this Regulation. In order to ensure their appropriate monitoring, when assessing these payments the Commission should apply the criteria established for the application of Article 107 of the Treaty by way of analogy. In order to ensure that additional national financing which is not authorised by the Commission is not implemented, the Member State concerned should not put its proposed additional financing for rural development into effect until it has been approved. Payments made by Member States intended to provide additional national financing for rural development operations for which Union support is granted and which fall outside the scope of Article 42 of the Treaty should be notified to the Commission pursuant to Article 108(3) of the Treaty, unless they fall under a regulation, adopted pursuant to Council Regulation 994/9821, and may not be put into effect until this procedure has resulted in a final approval by the Commission.
Amendment 213 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)
Article 2 – paragraph 1 – point j a (new)
(ja) "transition regions": regions whose gross domestic product (GDP) per capita is between 75 % and 90 % of the average GDP of the EU-27;
Amendment 230 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
Amendment 252 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point x a (new)
Article 2 – paragraph 1 – point x a (new)
(xa) "salaried agricultural worker": an employee of a farmer, whether on a permanent, permanent seasonal or temporary contract, whose activity is fundamental to farming and the value chain, and whose employment conditions concerning stability, security and professionalism should be made an objective for improvement.
Amendment 253 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point x b (new)
Article 2 – paragraph 1 – point x b (new)
(xb) "woman farmer": a woman who carries out an 'agricultural activity' as defined in this Regulation.
Amendment 345 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point a
Article 5 – paragraph 1 – point 2 – point a
a) facilitating restructuring of farms facing major structural problems, notably farms with a low degree of market participation, market-oriented farms in particular sectors and farms in need of agricultural diversification;
Amendment 451 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 6 – point c a (new)
Article 5 – paragraph 1 – point 6 – point c a (new)
(ca) improving the working conditions and social well-being of the groups most vulnerable to and most affected by imbalances in the sector, such as salaried workers, especially casual and seasonal farm workers.
Amendment 457 #
2011/0282(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. A Member State may submit either a a single programme for its entire territory or a set of regional programmes, or both a national programme and a set of regional programmes. If a Member State chooses to submit both a national programme and a set of regional programmes, the measures or types of operations should be planned at national or regional level.
Amendment 464 #
2011/0282(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States with regional programmes may also submit for approval a national framework containing common elements for these programmes without a separate budgetary allocation. If a Member State chooses to submit a national programme alongside regional programmes, the national framework must contain common elements to ensure that the programmes are consistent.
Amendment 526 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d b (new)
Article 8 – paragraph 1 – subparagraph 1 – point d b (new)
(db) concentrating supply and/or marketing products via associations of producer organisations recognised under Article 106 of Regulation (EC) No … (Single CMO Regulation).
Amendment 528 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d c (new)
Article 8 – paragraph 1 – subparagraph 1 – point d c (new)
dc) casual workers, seasonal farm workers and the fight against poverty in rural areas.
Amendment 529 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d d (new)
Article 8 – paragraph 1 – subparagraph 1 – point d d (new)
dd) fragile productive ecosystems with special economic, social and environmental characteristics which are in a state of decay.
Amendment 530 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d e (new)
Article 8 – paragraph 1 – subparagraph 1 – point d e (new)
de) women farmers.
Amendment 531 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d f (new)
Article 8 – paragraph 1 – subparagraph 1 – point d f (new)
df) organic farming.
Amendment 537 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Thematic sub-programmes may also address specific needs relating to the restructuring of agricultural sectors with a significant impact on the development of a specific rural area or other special interest requirements of the Member State.
Amendment 557 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Member States that have opted for regionalised programming may include thematic sub-programmes in a national programme.
Amendment 577 #
2011/0282(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
d) the assessment of the ex ante conditionalities and, where required, the actions referred to in Article 17(4) of Regulation (EU) No [CSF/2012] and the milestones established for the purpose ofpertaining to rural development referred to in Annex V which are relevant to the programme and, where required, the actions referred to in Article 197(4) of Regulation (EU) No [CSF/2012];
Amendment 603 #
2011/0282(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
In addition to the ex ante conditionalities referred to in Annex IV, the general ex ante conditionalities established in Annex IV of Regulation (EU) No [CSF/2012] shall apply for the EAFRDto programming of the EAFRD, if they are relevant.
Amendment 614 #
2011/0282(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a – point iv a (new)
Article 12 – paragraph 1 – point a – point iv a (new)
iva) a transfer of funds between programmes with a view to avoiding the loss of EAFRD resources.
Amendment 638 #
2011/0282(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Only those farmers classed as ‘active farmers’ under the Direct Payments Regulation shall benefit from measures targeting agricultural holdings.
Amendment 642 #
2011/0282(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 a (new)
Article 15 – paragraph 1 – subparagraph 1 a (new)
A special emphasis shall be placed on training for salaried agricultural workers, which will be provided by businesses and organisations representing this group working in concert.
Amendment 658 #
2011/0282(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Support under this measure shall be for the benefit of persons engaged in the agricultural, food and forestry sector, land managers and other economic actors which are SMEs operating in rural areas, as well as public bodies that provide training and transfer know-how to the food industry and forestry sector.
Amendment 662 #
2011/0282(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
The provider, or recipient, of training or other knowledge transfer and information action provider shall be the beneficiary of the support.
Amendment 673 #
2011/0282(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Support shall be limited to the maximum amount laid down in Annex I.
Amendment 687 #
2011/0282(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
a) help farmers, forest holders and SMEs in rural areas benefit from the use of advisory services on energy efficiency, food-quality and hygiene rules, processing technologies, food labelling and direct- marketing strategies for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;
Amendment 707 #
2011/0282(COD)
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The authorities or bodies selected to provide advice shall have the appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields they advise in. The beneficiaries shall be chosen through calls for proposals. The selection procedure shall be objective and be open to public as well as to private bodies and professional agricultural organisations.
Amendment 724 #
2011/0282(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point c
Article 16 – paragraph 4 – subparagraph 1 – point c
c) the requirements or actions related to climate change mitigation and adaptation, biodiversity, the protection of water and soil, animal and plant disease prevention, combating, eradication and notification and innovation as laid down in Annex I to Regulation (EU) No HR/2012;
Amendment 753 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Support under this measure shall cover new participation by farmers in:
Amendment 781 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. Similarly, producer organisations and other agricultural associations that develop a certification system with a collective focus that complies with EU guidelines on best practices applicable to voluntary certification schemes for agricultural and food products must also be eligible for support under this article in order to help cover the costs of: – advice and assistance on developing producer initiatives; – administrative support in managing the system; – conducting internal audits to ensure on-going improvement.
Amendment 784 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
1b. Support may also cover costs arising from information and promotion activities for products under the quality schemes referred to in paragraph 1(a) and (b).
Amendment 840 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
c) concern infrastructure related to the development and adaptation of agriculture, including access to farm and forest land, land consolidation and improvement, energy supply and, water management and renewable energy generating facilities associated with irrigation; o
Amendment 889 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Support under this measure shall be limited to the maximum support rates laid down in Annex I. These maximum rates may be increased for young farmers, collective investments and integrated projects involving support under more than one measure, investments in areas facing significant natural constraints as referred to in Article 33(3), areas forming part of the Natura 2000 network and operations supported in the framework of the EIP for agricultural productivity and sustainability in accordance with the support rates laid down in Annex I. However, the maximum combined support rate may not exceed 90%.
Amendment 971 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Support under paragraph 1(a)(ii) shall be granted to farmers or members of the farm household diversifying into non- agricultural activities and to non- agricultural micro- and small- enterpriseSMEs in rural areas.
Amendment 987 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 4
Article 20 – paragraph 2 – subparagraph 4
Support under paragraph 1(b) shall be granted to non- agricultural micro- and small- enterpriseSMEs in rural areas and to farmers or members of the farm household.
Amendment 1007 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 2
Article 20 – paragraph 4 – subparagraph 2
Amendment 1123 #
2011/0282(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Support under Article 22(1)(a) shall be granted to public and private land-owners and tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance, including early and late cleanings, for a maximum period of ten15 years.
Amendment 1135 #
2011/0282(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Both agricultural and non-Only agricultural land shall be eligible. Species planted shall be adapted to the environmental and climatic conditions of the area and answer to minimum environmental requirements. No support shall be granted for the planting of short rotation coppice, Christmas trees or fast growing trees for energy production. In areas where afforestation is made difficult by severe pedo-climatic conditions support may be provided for planting other perennial woody species such as shrubs or bushes suitable to the local conditions.
Amendment 1147 #
2011/0282(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Support under Article 22(1)(b) shall be granted to public and private landowners, tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance for a maximum period of threfive years.
Amendment 1173 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) the establishment of protective infrastructure. In the case of firebreaks support may also cover aid contributing to maintenance costs. No support shall be granted for agricultural related activities in areas covered by agri-environment commitments; aid to livestock farmers whose cattle, through their grazing activity, prevent fires.
Amendment 1179 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) establishing and improving forest fire, pest and diseases preventive and monitoring facilities and communication equipment, including monitoring and protective infrastructure;
Amendment 1211 #
2011/0282(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Support under Article 22(1)(d) shall be granted to natural persons, private forest owners, private law and semi-public bodies, municipalities and their associations. In the case of state forests support may also be granted to bodies managing such forests, which are independent from the state budget.
Amendment 1231 #
2011/0282(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Support under Article 22(1)(e) shall be granted to public and private forest owners, municipalities and their associations and to SMEs for investments enhancing forestry potential or relating to processing and marketing adding value to forest products. In the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 and the French overseas departments support may also be granted to enterprises that are not SMEs.
Amendment 1265 #
2011/0282(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point d a (new)
Article 28 – paragraph 1 – point d a (new)
(da) the establishment of producer organisation associations and/or groups or associations of producers responsible for overseeing the use of geographical indications and designations of origin or quality marks in accordance with EU law, as well as recognised interbranch organisations.
Amendment 1272 #
2011/0282(COD)
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Support shall be granted to producer groups which are officially recognised by the Member States' competent authority on the basis of a business plan. It shall be limited to producer groups coming under the definition of SMEs or an action plan.
Amendment 1282 #
2011/0282(COD)
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 2 a (new)
Article 28 – paragraph 2 – subparagraph 2 a (new)
After a period of five years, producer groups shall be recognised as producer organisations pursuant to Article 106 of Regulation (EU) No … (Single CMO Regulation).
Amendment 1385 #
2011/0282(COD)
Proposal for a regulation
Article 31 – paragraph 4 – point b
Article 31 – paragraph 4 – point b
(b) go beyond the statutory management requirements and the good agricultural and environmental condition provided for in Chapter I of Title VI of Regulation (EU) No HR/2012 and the obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012;
Amendment 1390 #
2011/0282(COD)
Proposal for a regulation
Article 31 – paragraph 4 – point d
Article 31 – paragraph 4 – point d
(d) impose major changes in type of land use, and/or major restrictions in farming practice resulting in a significant loss of income.
Amendment 1426 #
2011/0282(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) areas, other than mountain areas, facing significant natural or demographic constraints; and
Amendment 1452 #
2011/0282(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 2 a (new)
Article 33 – paragraph 3 – subparagraph 2 a (new)
Areas facing demographic constraints, defined by very low population density, may also be classified as areas other than mountain areas.
Amendment 1470 #
2011/0282(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Support under this measure shall be granted per hectare of forest to forest holders, municipalities and their associations who and public bodies which undertake, on a voluntary basis, to carry out operations consisting of one or more forest-environment commitments. Bodies managing state owned forests may also benefit from support provided they are independent from the state budget.
Amendment 1489 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) co-operation approaches among different actors in the Union agriculture and food chain, forestry sector and among other actors that contribute to achieving the objectives and priorities of rural development policy, including inter-branch organisations, as well as actors and bodies tied in to the socio-economic development of rural areas. Producer groups responsible for quality designations, associative bodies and actors tied in to the socio-economic development of rural areas within the meaning of the sixth priority in Article 5 shall also be included, inter alia. Given that by their very nature they are cooperative structures, no more than one body shall be required for inter- branch organisations;
Amendment 1505 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point c
Article 36 – paragraph 2 – point c
(c) co-operation among smallvarious operators in organising joint work processes, sharing facilities and resources;
Amendment 1508 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point d
Article 36 – paragraph 2 – point d
(d) horizontal and vertical co-operation among supply chain actors for the establishment of logistic platforms to promote short supply chains and local markets and other kinds of supply channels different to the habitual ones;
Amendment 1514 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point e
Article 36 – paragraph 2 – point e
(e) promotion activities in a local context relating to the development of short supply chains and local markets and other kinds of supply channels different to the habitual ones;
Amendment 1535 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point j a (new)
Article 36 – paragraph 2 – point j a (new)
(ja) cooperation in promoting social inclusion, poverty reduction and economic development in rural areas.
Amendment 1536 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point j b (new)
Article 36 – paragraph 2 – point j b (new)
(jb) promote agri-food contracts between producers and processors which take production costs into account in price referencing.
Amendment 1558 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) financial contributions to mutual funds or insurance companies to pay financial compensations to farmers, for economic losses caused by the outbreak of an animal or plant disease or, an environmental incident or adverse climatic events, including droughts;
Amendment 1577 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
(c) an income stabilisation tool, in the form of financial contributions to mutual funds or insurance premiums, providing compensation to farmers who experience a severe drop in their income.
Amendment 1586 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. For the purpose of paragraph 1 points (b) and (c), ‘mutual fund’ or ‘insurance company’ shall mean a scheme accredited by the Member State in accordance with its national law for affiliated farmers to insure themselves, whereby compensation payments are made to affiliated farmers affected by economic losses caused by the outbreak of an animal or plant disease or an environmental incident or adverse climatic events or experiencing a severe drop in their income.
Amendment 1588 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 1596 #
2011/0282(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Support under Article 37(1)(a) shall only be granted for insurance contracts which cover for loss caused by an adverse climatic event or by an animal or plant disease or a pest infestation or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest which destroys more than 30 % of the average annual production of the farmer in the preceding three-year period or a three-year average based on the preccauses a significant loss in income which takes into account the characteristics of each type of product or holding. The loss shall be calculated ing five-year period, excluding the highest and lowest entry terms of the equivalent yield loss in a specific year.
Amendment 1608 #
2011/0282(COD)
Proposal for a regulation
Article 39 – title
Article 39 – title
Mutual funds and insurance for animal and plant diseases and, environmental incidents and adverse climatic events
Amendment 1624 #
2011/0282(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. As regards animal diseases, financial compensation under Article 37(1)(b) may only be granted in respect of diseases mentioned in the list of animal diseases established by the World Organisation for Animal Health and/or in the Annex to Decision 90/424/EEC, as well as for any other emerging disease not included in these lists.
Amendment 1636 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Support under Article 37(1)(c) may only be granted where the drop of income exceeds 30% of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of Article 347(1)(c) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund or from insurance to farmers shall compensate for not more than 70% of the income lost.
Amendment 1642 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 1 (new)
Article 40 – paragraph 1 – subparagraph 1 (new)
Likewise the aid provided for in Article 37 may also be granted when the drop in annual income exceeds 30% of the farmer’s production costs per crop or livestock herd. Total income per crop or livestock herd shall refer to the sum of revenues the farmer receives from the market, including any form of public support and deducting input costs, payments by the mutual fund or insurance company to farmers which shall compensate for not more than 70% of the income lost.
Amendment 1643 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 2 – introductory part
Article 40 – paragraph 2 – introductory part
2. In order to be eligible for support the mutual fund and the insurance premiums concerned shall:
Amendment 1644 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Member States shall define the rules for the constitution and management of the mutual funds and the insurance premiums, in particular for the granting of compensation payments to farmers in the event of crisis and for the administration and monitoring of compliance with these rules.
Amendment 1653 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 4 – subparagraph 1
Article 40 – paragraph 4 – subparagraph 1
The financial contributions referred to in Article 37(1)(c) may only relate to the amounts paid by the mutual fund and through insurance premiums as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis.
Amendment 1662 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
5. Support shall be limited to the maximum rate laid down in Annex IThe competent authority of the Member State concerned shall formally recognise that there has been a significant drop in the farmer’s income.
Amendment 1663 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 5 – subparagraph 1 a (new)
Article 40 – paragraph 5 – subparagraph 1 a (new)
Amendment 1664 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 5 – subparagraph 1 b (new)
Article 40 – paragraph 5 – subparagraph 1 b (new)
Compensation from insurance shall be paid without any requirements or specifications being made as to the type or quantity of future production.
Amendment 1671 #
2011/0282(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. In addition to the tasks referred to in Article 30 of Regulation (EU) No [CSF/2012] local action groups may also perform additional tasks delegated to them by the Managing Authority and/or the paying agency, except where these are directly related to agricultural holdings.
Amendment 1677 #
2011/0282(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) bodies that pursue development objectives consistent with the priorities laid down in Article 5 of this Regulation.
Amendment 1683 #
2011/0282(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Costs for the animation of the territory referred to in Article 31(d) of Regulation (EU) No [CSF/2012] are costs to cover tasks defined in Article 30(3) of Regulation (EU) No [CSF/2012], actions to inform about the local development strategy as well asnd project development tasks.
Amendment 1696 #
2011/0282(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c a (new)
Article 46 – paragraph 2 – point c a (new)
(ca) assessment costs to help ensure production methods are sustainable and economically viable.
Amendment 1708 #
2011/0282(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. In the case of irrigation, only investments that lead to a reduction of previous water use by at least 25% shall be considered as eligible expenditure. By way of derogation, in the Member States that adhered to the Union from 2004 onwardsinfrastructure and installations shall be deemed eligible expenditure when the aim is as follows: greater efficiency in the use of water and energy in agriculture; greater security regarding supply of water to agricultural produce; investments in new irrigareas of irrigated land under national installations can be considered eligible expenditure in cases where an environmental analysis provides evidence that the investment concerned is sustainable and has no negative environmental impacterest plans or regional policy plans which contribute to rural development and territorial rebalancing. The Commission shall be empowered to adopt delegated acts, in accordance with Article 90, establishing minimum standards for water use efficiency and environmental performance of irrigation equipment.
Amendment 1726 #
2011/0282(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The Managing Authority of the rural development programme shall define selection criteria for operations under all measures following consultation with the Monitoring Committee. Selection criteria shall aim to ensure equal treatment of applicants,that the measures targeting agricultural holdings are solely applied to ‘active farmers’ as defined in Regulation (EU) No [...] [DP]. Moreover these criteria shall aim to ensure a better use of financial resources and targeting of measures in accordance with the Union priorities for rural development. In defining selection criteria the principle of proportionality shall be taken into account in relation to small grants.
Amendment 1770 #
2011/0282(COD)
Proposal for a regulation
Article 54
Article 54
Amendment 1878 #
2011/0282(COD)
Proposal for a regulation
Article 61 – paragraph 2 – point c a (new)
Article 61 – paragraph 2 – point c a (new)
(ca) identification of regulatory bottlenecks impeding innovation and investment in research and development, in line with the principles established in the Commission communications COM(2005)97 on ‘Better regulation for growth and jobs in the European Union’ and COM(2010)543 on ‘Smart regulation in the European Union’
Amendment 1892 #
2011/0282(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. EIP operational groups shall form part of the EIP for agricultural productivity and sustainability. They shall be set up by interested actors such as farmers (through representative professional organisations), researchers, advisors and businesses involved in the agriculture and food sector.
Amendment 1903 #
2011/0282(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. The total amount of Union support for rural development under this Regulation for the period from 1 January 2014 to 31 December 2020, its annual breakdown and the minimum amount to be concentrated in less developed and transitional regions shall be fixed by the European Parliament and the Council, on a proposal from the Commission in accordance with the multiannual financial framework for the years 2014 to 2020 and the Interinstitutional Agreement on cooperation in budgetary matters and on sound financial management for the same period.
Amendment 1925 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The decision approving a rural development programme shall set the maximum contribution from the EAFRD to the programme. The decision shall clearly identify, where necessary, the appropriations allocated to the less developed and transitional regions.
Amendment 1938 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 3 – subparagraph 1 – point b
Article 65 – paragraph 3 – subparagraph 1 – point b
(b) 50% of the eligible public expenditure in the other reg75 % for regions in transitions.
Amendment 1946 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 4 – point a
Article 65 – paragraph 4 – point a
(a) 80% for the measures referred to in Articles 15, 28, 29, 30, 31, 32 and 36, for the LEADER local development referred to in Article 28 of Regulation (EU) No [CSF/2012] and for operations under Article 20(1)(a)(i). It may be increased to 90% for the programmes of transitional less developed, the and outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93;
Amendment 1992 #
2011/0282(COD)
Proposal for a regulation
Article 66 – title
Article 66 – title
Funding for operations with a significant contribution to innovation and job creation.
Amendment 1995 #
2011/0282(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
The funds transferred to the EAFRD in application of Article 7(2) of Regulation (EU) No DP/2012 shall be reservused for operations which provide a significant contribution to innovation relevant to agricultural productivity and sustainability, including climate mitigation or adaptationactivities in line with the strategy adopted by the Member State, taking job creation into account.
Amendment 2013 #
2011/0282(COD)
Proposal for a regulation
Article 73 – paragraph 1 – point b
Article 73 – paragraph 1 – point b
(b) providing the Commission, on a quarterlyn annual basis, with relevant indicator data on operations selected for funding, including key characteristics of the beneficiary as well as the project;
Amendment 2019 #
2011/0282(COD)
Proposal for a regulation
Article 73 – paragraph 3 a (new)
Article 73 – paragraph 3 a (new)
3a. Where a Member State has more than one programme, a coordinating body may be designated to at least ensure consistency in the management of the funds and to provide liaison between the Commission and the national management authorities.
Amendment 2030 #
2011/0282(COD)
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1 (new)
Article 80 – paragraph 1 – subparagraph 1 (new)
The Member State shall decide the composition of each committee, which shall include: (a) the competent regional, local authorities and other public authorities; (b) economic and social partners; (c) any other appropriate body representing civil society, non- governmental organisations, including environmental organisations, and bodies responsible for promoting equality between men and women.
Amendment 2043 #
2011/0282(COD)
Proposal for a regulation
Article 88 – title
Article 88 – title
State aid within the scope of Article 42 of the Treaty
Amendment 2049 #
2011/0282(COD)
Proposal for a regulation
Article 89 – title
Article 89 – title
Amendment 2053 #
2011/0282(COD)
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
Payments made by the Member States in relation to operations falling withinoutside the scope of Article 42 of the Treaty and intended to provide additional financing for rural development for which Union support is granted, shall be notified by Member States and approved by the Commission in accordance with this Regulation as part of the programming referred to in Article 7. When assessing these payments, the Commission shall apply, by way of analogy, the criteria established for the application of Article 107 of the Treaty. The Member State concerned shall not put its proposed additional financing for rural development into effect until it has been approved.
Amendment 461 #
2011/0281(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Olive oil is the key element of the Mediterranean diet. Various studies published over the last few decades have reported a link between eating olive oil and improved cardiovascular health, a stronger immune system and keeping other major public health problems under control. Olive oil consumption in the EU needs to be promoted. With this in mind, the Commission is urged to design, within one year of the entry into force of this Regulation, a programme similar to those aimed at promoting the consumption of dairy products and fruit and vegetables in educational and healthcare establishments. Participation by Member States in this programme would be voluntary. EU funding provided to Member States that decide to participate would be similar to that provided for the existing programmes mentioned above.
Amendment 466 #
2011/0281(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing as fresh produce and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand. Rules on producer organisations, operational programmes and Union financial assistance only apply to fruit and vegetables and fruit and vegetables solely intended for processing.
Amendment 580 #
2011/0281(COD)
Proposal for a regulation
Recital 128
Recital 128
(128) In Finlandregions north of latitude 60°N or south of latitude 44°S, sugar beet growing is subject to particular geographical and climatic conditions which will adversely affect the sector beyond the general effects of the sugar reform. ThatCertain Member States should therefore be authorised, on a permanent basis, to make national payments to itstheir sugar beet growers.
Amendment 608 #
2011/0281(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 621 #
2011/0281(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) as regards paddy rice, EUR 15200/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading;
Amendment 624 #
2011/0281(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f a (new)
Article 7 – paragraph 1 – point f a (new)
Amendment 653 #
2011/0281(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) common wheat, durum wheat, barley and, maize and sorghum;
Amendment 669 #
2011/0281(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Strategic stocks In order to prevent severe market imbalances and to guarantee the continuity of livestock sectors, strategic stocks of raw materials for livestock feed shall be established. By means of delegated acts adopted pursuant to Article 160, the Commission shall take the necessary steps to ensure that this system is implemented.
Amendment 671 #
2011/0281(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) common wheat, durum wheat, barley and, maize and sorghum, from 1 November to 31 May;
Amendment 682 #
2011/0281(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) may be opened by the Commission, by means of implementing acts, for barley, maize, durum wheat, sorghum and paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);
Amendment 708 #
2011/0281(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 – point b
Article 13 – paragraph 2 – subparagraph 1 – point b
(b) for durum wheat, barley, maize, sorghum, paddy rice and beef and veal.
Amendment 719 #
2011/0281(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for common wheat, durum wheat, barley, maize, sorghum, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;
Amendment 726 #
2011/0281(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common wheat, durum wheat, barley, maize, sorghum and paddy rice. Moreover, taking into account the need to ensure that production is orientated towards certain varieties of paddy rice, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases and reductions of the public intervention price.
Amendment 734 #
2011/0281(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Products may be disposed of by making them available, first and foremost, for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No […] if that scheme so provides. In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).
Amendment 736 #
2011/0281(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Mandatory Aid 1. Aid shall be granted for the private storage of butter produced from cream obtained directly and exclusively from cow’s milk. 2. The conditions and requirements relating to this subsection, as well as the amount of mandatory aid for the private storage of butter, shall be adopted by the Commission by means of delegated acts in accordance with Article 160 and by means of implementing acts in accordance with the examination procedure laid down in Article 162(2).
Amendment 738 #
2011/0281(COD)
Proposal for a regulation
Part 2 – title 1 – chapter 1 – section 3 – title
Part 2 – title 1 – chapter 1 – section 3 – title
Optional Aid for Private storage
Amendment 746 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
c a) dried fodder;
Amendment 757 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
b) olive oil and table olives;
Amendment 776 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
Amendment 781 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e a (new)
Article 16 – paragraph 1 – point e a (new)
e a) longkeeping cheeses which are manufactured from sheep and/or goat's milk and require at least six months’ maturing;
Amendment 788 #
Amendment 792 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e d (new)
Article 16 – paragraph 1 – point e d (new)
e d) poultrymeat;
Amendment 804 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The Commission shall, however, be empowered to adopt delegated acts in accordance with Article 90 with a view to applying this measure to any other sector listed in Article 1 of this Regulation if the circumstances referred to in Article 17(1) apply.
Amendment 821 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The Commission shall, however, allow aid for private storage of olive oil to be granted if, for a period of at least two weeks, the average price recorded on the market falls below: – EUR 2 357/tonne for extra virgin olive oil; – EUR 2 266/tonne for virgin olive oil, or; – EUR 2 019/tonne for lampante olive oil having two degrees of free acidity, this amount shall be reduced by EUR 36.70/tonne for each additional degree of acidity. The Commission shall, by means of a delegated act pursuant to Article 160, review these prices each year in line with production and market trends.
Amendment 824 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Commission mayshall, by means of implementing acts, decide to grant private storage aid for the products listed in Article 16, taking into account the conditions referred to in paragraph 1 of this Article. For olive oil, the Commission shall allow private storage aid to be granted in the circumstances set out in the new paragraph 1(a) of this article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2)
Amendment 840 #
2011/0281(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Additional conditions for granting storage aid for white sugar 1. Decisions to grant aid for the storage of white sugar, under the terms laid down in Article 17(2), may only be taken in respect of undertakings that have been allocated a sugar quota. 2. Sugar stored in accordance with the provisions of this section during a given marketing year may not be subject to any other of the storage measures referred to in Articles 101(d) and (e).
Amendment 853 #
2011/0281(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat, durum wheat, barley, maize, sorghum and paddy rice.
Amendment 855 #
2011/0281(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Taking into account the particular seasonality and/or the specific nature of certain farms in some Member States or regions, the Commission may, by means of delegated acts pursuant to Article 160, set different objective conditions governing factors that may trigger private storage.
Amendment 860 #
2011/0281(COD)
Proposal for a regulation
Article 18 – paragraph 8 – introductory part
Article 18 – paragraph 8 – introductory part
8. Taking into account the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and aid for private storage, the Commission may, by means of delegated acts, adopt Unionhe Commission may, by means of delegated acts, adapt and update the definitions and arrangements provided for Annex III(a), and lay down rules for the development and implementation of the scales for the classification of carcasses in the following sectors:set out in Article 9(a).
Amendment 861 #
Amendment 862 #
Amendment 863 #
2011/0281(COD)
Proposal for a regulation
Article 18 – paragraph 8 – point c
Article 18 – paragraph 8 – point c
Amendment 864 #
2011/0281(COD)
Proposal for a regulation
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. The Commission may lay down, by means of delegated acts, rules on the calculation of average Union prices and the obligations on operators to submit information on beef, pig and sheep carcases, in particular as regards market and representative prices;
Amendment 866 #
2011/0281(COD)
Proposal for a regulation
Article 18 – paragraph 9
Article 18 – paragraph 9
9. Taking into account the need to ensure the accuracy and reliability of the classification of carcasses, the Commission may, by means of delegated acts, provide for the review of the application of classification of carcasses in Member States by a Union committee composed of experts from the Commission and experts appointed by the Member States. Those provisions may provide for the Union toshall bear the costs resulting from the review activity.
Amendment 868 #
2011/0281(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
ba) implementation of the intervention limits set out in Article 13(1);
Amendment 870 #
2011/0281(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b b (new)
Article 19 – paragraph 1 – point b b (new)
bb) implementation of the tendering procedure referred to in Article 13(2) for common wheat, butter and skimmed milk powder beyond the quantities set out in Article 13(1);
Amendment 881 #
2011/0281(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point k a (new)
Article 19 – paragraph 1 – point k a (new)
ka) the amount of the security referred to in Article 18(7)(c);
Amendment 882 #
2011/0281(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point k b (new)
Article 19 – paragraph 1 – point k b (new)
kb) the requirements to be met by storage places for the products to be purchased under the intervention system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken over in good condition and for their disposal at the end of the storage period;
Amendment 883 #
2011/0281(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 1004 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – introductory part
Article 31 – paragraph 1 – subparagraph 1 – introductory part
1. Operational programmes in the fruit and vegetables sector shall have at least two of the objectives i), ii) and iii) referred to in Article 106(c) or two of the following objectives:
Amendment 1047 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 3 a (new)
Article 31 – paragraph 2 – subparagraph 3 a (new)
The amount of aid for withdrawals and non-harvesting shall be updated periodically in line with market trends.
Amendment 1049 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
Amendment 1058 #
2011/0281(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
2. The Union financial assistance shall be limited to 4.1 % of the value of the marketed production of each producer organisation, including, where appropriate, the value of marketed products prior to processing.
Amendment 1061 #
2011/0281(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 2 a (new)
Article 32 – paragraph 2 – subparagraph 2 a (new)
2a) This percentage may, however, be increased to 6.15 % in the event that paragraph 3 of this article applies.
Amendment 1131 #
2011/0281(COD)
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In less developed and transitional regions the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.
Amendment 1153 #
2011/0281(COD)
Proposal for a regulation
Article 48 – title
Article 48 – title
Investments in the internal market and third countries
Amendment 1159 #
2011/0281(COD)
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Support may be granted for tangible or intangible investments and other eligible expenditure in processing facilities, winery infrastructure and marketing of wine which improve the overall performance of the enterprise, increase its competitiveness on the internal market and in third country markets and concern one or more of the following:
Amendment 1166 #
2011/0281(COD)
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
1a. For the purposes of this article, eligible expenditure shall be considered to include the recruitment of material and/or human resources to improve the commercialisation of wine products produced in the EU, as defined in Annex VI, Part II, of this regulation. This measure may be applied throughout the territory of the EU, including in the country of origin of the applicant for the aid involved.
Amendment 1171 #
2011/0281(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
Support under paragraph 1 at its maximum rate shall apply onlyto producer organisations as defined in Article 106 of this Regulation and to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises25.
Amendment 1175 #
2011/0281(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
By way of derogation from the first subparagraph, the maximum rate may apply to all enterprises for the outermost regions referred to in Article 349 of the Treaty and the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/200626. For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved.
Amendment 1178 #
2011/0281(COD)
Proposal for a regulation
Article 48 – paragraph 4 – point a
Article 48 – paragraph 4 – point a
(a) 50 % in less developed and transition regions;
Amendment 1202 #
2011/0281(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The Union contribution to the funding of the apiculture programmes shall not exceed 50be 75 % of the expenditure borne by Member States.
Amendment 1226 #
2011/0281(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
Without prejudice to any other provisions applicable to agricultural products, as well as the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products, divided between obligatory rules and optional reserved items.
Amendment 1289 #
2011/0281(COD)
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59a Additional requirements for the marketing of the products of the fruit and vegetables sector 1. The country of origin should be indicated on fruit and horticultural products which are sold fresh to consumers; The marketing standards referred to in paragraph 1 and 2 of Article 56 and any marketing standard applicable to the fruit and vegetables and the processed fruit and vegetables sectors shall apply at all marketing stages including import and export unless otherwise provided for by the Commission. 2. The marketing standards referred to in paragraph 21 and any marketing standard applicable to the fruit and vegetables and the processed fruit and vegetables sectors shall apply at all marketing stages including import and export unless otherwise provided for by the Commission. 3. The holder of products of the fruit and vegetables and processed fruit and vegetables sector covered by marketing standards may not display such products or offer them for sale or deliver or market them in any manner within the Community other than in conformity with those standards and shall be responsible for ensuring such conformity. 4. Without prejudice to any specific provisions which may be adopted by the Commission, in particular on the consistent application in the Member States of the conformity checks, Member States shall, in respect of the fruit and vegetables and the processed fruit and vegetables sectors, check selectively, based on a risk analysis, whether the products concerned conform to the respective marketing standards. These checks shall be focused on the stage prior to dispatch from the production areas when the products are being packed or loaded. For products from third countries, checks shall be done prior to release for free circulation.
Amendment 1347 #
2011/0281(COD)
Proposal for a regulation
Article 71 – paragraph 2 – subparagraph 1 a (new)
Article 71 – paragraph 2 – subparagraph 1 a (new)
Amendment 1351 #
2011/0281(COD)
Proposal for a regulation
Article 73 – paragraph 1 – subparagraph 1 a (new)
Article 73 – paragraph 1 – subparagraph 1 a (new)
The application for protection shall be filed with the Member State in whose territory the designation of origin or geographical indication originates. The Member State shall examine the application for protection to determine whether it meets the conditions set out in this Chapter. The Member State shall carry out a national procedure ensuring adequate publication of the application and providing for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and established or resident on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.
Amendment 1354 #
2011/0281(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
3. If the Member State considers that the relevant requirements are met, it shall carry out a national procedure which ensures adequate publication of the product specification at least on the Internet. : (a) publish the single document and the product specification at least on the Internet; and (b) forward to the Commission an application for protection containing the following information: (i) the name and address of the applicant; (ii) the single document; (iii) a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions of this Regulation; (iv) the reference to publication, as referred to in point (a).
Amendment 1357 #
2011/0281(COD)
Proposal for a regulation
Article 73 – paragraph 3 a (new)
Article 73 – paragraph 3 a (new)
3a. Where a Member State has no national legislation concerning the protection of designations of origin and geographical indications, it may, on a transitional basis only, grant protection in accordance with the terms of this Chapter at national level to the name with effect from the day the application is lodged with the Commission. Such transitional national protection shall cease on the date on which a decision on registration or refusal under this Subsection is taken.
Amendment 1364 #
2011/0281(COD)
Proposal for a regulation
Article 81 – paragraph 1 a (new)
Article 81 – paragraph 1 a (new)
Third countries shall provide the Commission with the technical report referred to in Article 71(1) of this Regulation in respect of their geographical indications under the previous paragraph. The Commission may decide to cancel the geographical indications of third countries which fail to comply with the terms of Article 70 of this Regulation, within a maximum period of 3 years from the date of their registration.
Amendment 1369 #
2011/0281(COD)
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
Where the proposed amendment involves several amendments to the single document referred to in Article 71(1)(d), Articles 73 to 76 shall apply mutatis mutandis to the amendment application. However, where the proposed amendments are only minor, the implementing acts shall be used to decide whether to approve the application without following the procedure laid down in Article 74(3) and Article 75.
Amendment 1371 #
2011/0281(COD)
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
Where the proposed amendment does not involve any change to the single document, the following rules shall apply: (a) where the geographical area is in a given Member State, that Member State shall express its position on the amendment and, if it is in favour, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them. (b) where the geographical area is in a third country, the Commission shall determine whether to approve the proposed amendment.
Amendment 1375 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
Amendment 1378 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 4 – point a
Article 86 – paragraph 4 – point a
Amendment 1515 #
2011/0281(COD)
Proposal for a regulation
Part II – Title II – Chapter II – Section III – Subsection 1 (new)
Part II – Title II – Chapter II – Section III – Subsection 1 (new)
Amendment 1632 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point v a (new)
Article 106 – paragraph 1 – point c – point v a (new)
(va) establishing production and marketing rules that are stricter than those laid down at Union or national level;
Amendment 1641 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii a (new)
Article 106 – paragraph 1 – point c – point vii a (new)
(viia) developing initiatives to improve the quality and innovative nature of agri- foodstuffs;
Amendment 1649 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii b (new)
Article 106 – paragraph 1 – point c – point vii b (new)
(viib) optimising production by its members, including processing;
Amendment 1654 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point d
Article 106 – paragraph 1 – point d
Amendment 1666 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 a (new)
Article 106 – paragraph 1 a (new)
Notwithstanding the foregoing, producer organisations constituted by producers in the fruit and vegetables, olive oil and wine sectors should include at last one of objectives i), ii) or iii).
Amendment 1676 #
2011/0281(COD)
Proposal for a regulation
Article 106 a (new)
Article 106 a (new)
Article 106a Rules of association of fruit and vegetable producer organisations The rules of association of a producer organisation in the fruit and vegetables sector shall require its producer members, in particular, to: (a) market their entire production concerned through the producer organisation; (b) pay the financial contributions provided for in its rules of association for the establishment and replenishment of the operational fund provided for in Article 30. 2. Notwithstanding paragraph 4(a), where the producer organisation so authorises and where this is in compliance with the terms and conditions laid down by the producer organisation, the producer members may: (a) sell no more than a fixed percentage of their production and/or products directly on their holdings and/or outside their holdings to consumers for their personal needs, such percentages being fixed by Member States at not less than 10%; (b) market themselves or through another producer organisation designated by their own organisation, quantities of products which are marginal in relation to the volume of marketable production of their organisation; (c) market themselves or through another producer organisation designated by their own organisation products which, because of their characteristics, are not normally covered by the commercial activities of the producer organisation concerned.
Amendment 1678 #
2011/0281(COD)
Proposal for a regulation
Article 106 b (new)
Article 106 b (new)
Article 106b Recognition of fruit and vegetable producer organisations Member States shall recognise as producer organisations in the fruit and vegetables sector all legal entities or clearly defined parts of legal entities applying for such recognition, provided that: (a) they have the objective of the use of environmentally sound cultivation practices, production techniques and waste management practices in particular to protect the quality of water, soil and landscape and to preserve or encourage biodiversity, and meet the requirements laid down in Articles 106, 106c and 106d and provide the relevant evidence thereof; (b) they effectively enable their members to obtain technical assistance in using environmentally-sound cultivation practices; (c) they effectively provide their members, where necessary, with the technical means for collecting, storing, packaging and marketing their produce; (d) they ensure proper commercial and accounting management of their activities;
Amendment 1704 #
2011/0281(COD)
Proposal for a regulation
Article 108 – paragraph 1 – point a
Article 108 – paragraph 1 – point a
(a) are constituted of representatives of economic activities linked to the production and at least one of, trade in, and/or processing of products in one or more sectors;he following links in the chain: processing or trade, including distribution,
Amendment 1708 #
2011/0281(COD)
Proposal for a regulation
Article 108 – paragraph 1 – point b
Article 108 – paragraph 1 – point b
(b) are formed on the initiative of all or some of the organisations or associations which constitute themrepresentatives referred to in (a);
Amendment 1713 #
2011/0281(COD)
Proposal for a regulation
Article 108 – paragraph 1 – point c – point i
Article 108 – paragraph 1 – point c – point i
(i) improving knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional or national level, national or international level, establishing benchmarks so that all their members can at least cover their production costs and thus guarantee the profitability of all parties involved in the organisation or avoid selling at a loss;
Amendment 1735 #
2011/0281(COD)
Proposal for a regulation
Article 108 – paragraph 1 – point c – point x
Article 108 – paragraph 1 – point c – point x
(x) encouraging healthyresponsible consumption of the products and informing about the harm linked to hazardousalthy consumption patterns;
Amendment 1745 #
2011/0281(COD)
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) arranging the orderly withdrawal or coordinated processing of the product at times of clear market imbalances in a marketing year with the goal of restoring the normal functioning of the market;
Amendment 1748 #
2011/0281(COD)
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) concentrating and co-ordinating supply and marketing of the produce of the members;
Amendment 1755 #
2011/0281(COD)
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) adapting production and processing jointly to the requirements of the market and improving the product;
Amendment 1757 #
2011/0281(COD)
Proposal for a regulation
Article 108 – paragraph 1 – point c – point xi a (new)
Article 108 – paragraph 1 – point c – point xi a (new)
(xia) promoting the rationalisation and improvement of production and processing;
Amendment 1765 #
2011/0281(COD)
Proposal for a regulation
Article 108 – paragraph 2
Article 108 – paragraph 2
Amendment 1810 #
2011/0281(COD)
Proposal for a regulation
Article 110 – paragraph 4 – subparagraph 1 – point j
Article 110 – paragraph 4 – subparagraph 1 – point j
(j) research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and the environment. In the case of minor uses, it should also be permitted to develop studies on the authorisation of specific molecules or medicines for such products, especially where no authorised treatments exist;
Amendment 1814 #
2011/0281(COD)
Proposal for a regulation
Article 110 – paragraph 4 – subparagraph 1 – point l a (new)
Article 110 – paragraph 4 – subparagraph 1 – point l a (new)
(la) withdrawal or coordinated processing of the product at times of clear market imbalances in a marketing year with the goal of restoring the normal functioning of the market.
Amendment 1816 #
2011/0281(COD)
Proposal for a regulation
Article 110 – paragraph 4 – subparagraph 1 – point l b (new)
Article 110 – paragraph 4 – subparagraph 1 – point l b (new)
(lb) establishment of specific benchmarks for each product so that all the members of the interbranch organisation can at least cover their production costs.
Amendment 1817 #
2011/0281(COD)
Proposal for a regulation
Article 110 – paragraph 4 – subparagraph 1 – point l c (new)
Article 110 – paragraph 4 – subparagraph 1 – point l c (new)
(lc) blocking of products that do are not up to the quality demanded by the market.
Amendment 1826 #
2011/0281(COD)
Proposal for a regulation
Article 111 – paragraph 1
Article 111 – paragraph 1
Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 110 and the activities covered by those rules are in the general economic interest of personeconomic operators whose activities relate to the products concerned, the Member State which has granted recognition may decide that individual economic operators or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.
Amendment 1829 #
2011/0281(COD)
Proposal for a regulation
Article 111 – paragraph 1 a (new)
Article 111 – paragraph 1 a (new)
Likewise, where one or more of the activities referred to in the second subparagraph of this paragraph is pursued by a recognised interbranch organisation in the tobacco sector and is in the general economic interest of those economic operators whose activities relate to one or more of the products concerned, the Member State which has granted recognition or the Commission, where recognition has been granted by the Commission, may decide that individual economic operators or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question. The activities referred to in the above subparagraph shall relate to one of the following objectives: (a) research to add value to the products, in particular through new uses which do not pose a threat to public health; (b) studies to improve the quality of leaf or baled tobacco; (c) research into methods of cultivation permitting reduced use of plant health products and guaranteeing conservation of the soil and the environment.
Amendment 1835 #
2011/0281(COD)
Proposal for a regulation
Article 112 – paragraph 1 – introductory part
Article 112 – paragraph 1 – introductory part
Taking into account the need to encourage action by the organisations referred to in Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning the live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectorssectors that have no specific systems of production limitation, on measures:
Amendment 1849 #
2011/0281(COD)
Proposal for a regulation
Part II – Title II – Chapter III – Section 3 a (new)
Part II – Title II – Chapter III – Section 3 a (new)
Amendment 1856 #
2011/0281(COD)
Proposal for a regulation
Article 114 – paragraph 1 – point a
Article 114 – paragraph 1 – point a
a) the specific aims which may, shall or shall not be pursued by such organisations and associations in the fruit and vegetables, olive oil and table olives, and wine sectors, including derogations from those laid down in Articles 106 to 109;
Amendment 1860 #
2011/0281(COD)
Proposal for a regulation
Article 114 – paragraph 1 – point b
Article 114 – paragraph 1 – point b
b) the rules of association, the recognition, structure, legal personality, membership, size, accountability and activities of such organisations and associations, the requirement referred to in point (d) of Article 106 for recognition of a producer organisation that it does not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty, the effects deriving from recognition, the withdrawal of recognition, and mergers;
Amendment 1873 #
2011/0281(COD)
Proposal for a regulation
Article 117 – paragraph 1
Article 117 – paragraph 1
1. Without prejudice to cases where import or export licences are required in accordance with this Regulation, the import for release into free circulation or the export of one or more agricultural products into or from the Union may be made subject to the presentation of a licence, taking into account the need for licences for the management of the markets concerned and, in particular, for monitoring trade in the products concernedDoes not affect English version.
Amendment 1875 #
2011/0281(COD)
Proposal for a regulation
Article 117 – paragraph 2 a (new)
Article 117 – paragraph 2 a (new)
(2a) Products imported by the Union shall meet the same production and marketing requirements as those produced within the Union, and may only be awarded the relevant import licences if they fulfil those conditions.
Amendment 1876 #
2011/0281(COD)
Proposal for a regulation
Article 117 – paragraph 2 b (new)
Article 117 – paragraph 2 b (new)
(2b) When market prices in the Union do not cover Community production costs, the Union shall suspend import licences until the situation regarding those products is resolved.
Amendment 1884 #
2011/0281(COD)
Proposal for a regulation
Article 120 a (new)
Article 120 a (new)
Article 120a Import duties Save as otherwise provided for pursuant to this Regulation, the rates of import duty in the Common Customs Tariff shall apply to the products referred to in Article 1.
Amendment 1893 #
2011/0281(COD)
Proposal for a regulation
Article 122 – paragraph 1 a (new)
Article 122 – paragraph 1 a (new)
(1a) Where the declared entry price of the consignment in question is higher than the flat-rate import value, increased by a margin set by the Commission which may not exceed the flat-rate value by more than 10%, the lodging of a security equal to the import duty determined on the basis of the flat-rate import value shall be required. The Commission shall calculate this value every working day in relation to each origin, product and period; the value shall be equal to the weighted average of the representative prices of those products in representative import markets in the Member States or, where applicable, in other markets, deducting from those prices a total amount of EUR 5/100 kg and the ad valorem customs duties. The interested party shall also provide information on the marketing and transportation conditions of the product by submitting copies of the documents attesting to delivery between operators and to the costs incurred between the import of the product and its sale. In all cases, the documents shall specify the variety or commercial type of the product in accordance with the provisions on presentation and labelling referred to in the applicable Community marketing rules, the commercial category of the products and their weight.
Amendment 1895 #
2011/0281(COD)
Proposal for a regulation
Article 122 – paragraph 1 b (new)
Article 122 – paragraph 1 b (new)
(1b) The customs value of imported perishable goods for which the application of the Common Customs Tariff duty rate depends on the entry price of the product batch imported in consignment may be determined directly in accordance with point (c) of Article 30(2) of the Customs Code and shall be equal to the flat-rate import value.
Amendment 1897 #
2011/0281(COD)
Proposal for a regulation
Article 122 – paragraph 2
Article 122 – paragraph 2
Amendment 1899 #
2011/0281(COD)
Proposal for a regulation
Article 122 – paragraph 3
Article 122 – paragraph 3
Amendment 1912 #
2011/0281(COD)
Proposal for a regulation
Article 125 a (new)
Article 125 a (new)
Article 125a Specific provisions In the case of tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission may adopt delegated acts to establish the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their marketing on the markets of those Member States.
Amendment 2006 #
2011/0281(COD)
Proposal for a regulation
Article 144 – paragraph 1 – subparagraph 2
Article 144 – paragraph 1 – subparagraph 2
In particular, Article 101(1) of the Treaty shall not apply to agreements, decisions and practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 106 of this Regulation, or associations of producer organisations recognised under Article 107 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, and under which there is no obligation to charge identical prices, unless competition is thereby excluded or the objectives of Article 39 of the Treaty are jeopardised.
Amendment 2022 #
2011/0281(COD)
Proposal for a regulation
Article 145 – title
Article 145 – title
Agreements and concerted practices of recognised interbranch organisations, producer organisations and associations of producer organisations
Amendment 2024 #
2011/0281(COD)
Proposal for a regulation
Article 145 – paragraph 1
Article 145 – paragraph 1
1. Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 108 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(1) of this Regulation, and for the olive oil and table olive and tobacco sectors,or to producer organisations recognised under Article 106 or associations of producer organisations recognised under Article 107 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(2)6 of this Regulation.
Amendment 2029 #
2011/0281(COD)
Proposal for a regulation
Article 145 – paragraph 2 – point b
Article 145 – paragraph 2 – point b
b) within two months of receipt of all the details requiredthe notification the Commission, by means of implementing acts, has not found that the agreements, decisions or concerted practices are incompatible with Union rules.
Amendment 2040 #
2011/0281(COD)
Proposal for a regulation
Article 149 – title
Article 149 – title
National payments for the sugar sector in Finland and other Member States
Amendment 2042 #
2011/0281(COD)
Proposal for a regulation
Article 149 – paragraph 1 a (new)
Article 149 – paragraph 1 a (new)
Member States with sugar beet production in areas south of the 44th parallel may also make national payments per hectare per marketing year to sugar beet growers.
Amendment 2061 #
2011/0281(COD)
Proposal for a regulation
Article 154 – paragraph 1 – subparagraph 3
Article 154 – paragraph 1 – subparagraph 3
Such measures may to the extent and for the time necessary extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities or periods as necessary, or provide specific support for producers to mitigate the effects of serious market disturbance.
Amendment 2062 #
2011/0281(COD)
Proposal for a regulation
Article 154 – paragraph 1 – subparagraph 3 a (new)
Article 154 – paragraph 1 – subparagraph 3 a (new)
In the case of the fruit and vegetables sector specifically, the Commission shall activate a withdrawal mechanism when a series of conditions, listed in the first subparagraph, are recorded at Community level, in order to encourage synchronised market withdrawal between the various Member States.
Amendment 2063 #
2011/0281(COD)
Proposal for a regulation
Article 154 – paragraph 2
Article 154 – paragraph 2
Amendment 2067 #
2011/0281(COD)
Proposal for a regulation
Article 154 a (new)
Article 154 a (new)
Article 154a Measures against market disturbance in the fruit and vegetables sector 1. Given the specific and perishable nature of fruit and vegetables, a mechanism shall be established to respond to serious market disturbances; these may be caused by significant falls in internal market prices resulting from health concerns and other causes that lead to sudden drops in demand. 2. This mechanism shall be exclusive to the product or products in question, of limited application in time, revisable, automatically activated and accessible to all producers in the sector. 3. It shall include the measures listed in points (a), (b) and (c) of Article 31(2) of this Regulation, but they shall be independent of the management of the operational funds used by recognised fruit and vegetables producer organisations. 4. The Union shall finance 100 % of the expenditure for the measures provided for in paragraphs 1 and 2 of this Article. 5. Serious crisis management operations shall be governed by the mechanisms established for crisis measurement measures under the framework of the operational programmes. Those affected who are not members of a producer organisation shall conclude agreements for the purpose of coordinating crisis management operations, in which the producer organisation shall stipulate that 10 % of the support shall be set aside to cover management costs. 6. The Commission shall be empowered to adopt delegated acts in accordance with Article 160 in order to apply the measures provided for in paragraphs 1 and 2 of this Article. 7. At the request of Member States, the Commission may, by means of implementing acts, adopt exceptional measures. The Commission shall ensure that the public is informed when such measures are introduced and is made aware of the products, areas and amount of support in question. In the case of free distribution, the amount of support shall be adjusted. The end of the crisis period shall also be determined, by means of an implementing act, once the case of serious market disturbance has ended. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 2068 #
2011/0281(COD)
Proposal for a regulation
Article 155 – title
Article 155 – title
Measures concerning animal and plant pests and diseases and loss of consumer confidence due to public, animal or plant health risks
Amendment 2072 #
2011/0281(COD)
Proposal for a regulation
Article 155 – paragraph 1 – subparagraph 1 – introductory part
Article 155 – paragraph 1 – subparagraph 1 – introductory part
The Commission mayshall, by means of implementing acts, adopt exceptional support measures:
Amendment 2075 #
2011/0281(COD)
Proposal for a regulation
Article 155 – paragraph 1 – subparagraph 1 – point a
Article 155 – paragraph 1 – subparagraph 1 – point a
a) for the affected market in order to take account of restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of pests and diseases in animals and plants, and
Amendment 2078 #
2011/0281(COD)
Proposal for a regulation
Article 155 – paragraph 2 – subparagraph 1 – introductory part
Article 155 – paragraph 2 – subparagraph 1 – introductory part
The measures provided for in paragraph 1 shall apply to all agricultural products listed in Annex I, with the exception of measures taken to combat the spread of diseases in animals, which shall apply to the following sectors:
Amendment 2083 #
2011/0281(COD)
Proposal for a regulation
Article 155 – paragraph 2 – subparagraph 1 – point f a (new)
Article 155 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) rabbitmeat.
Amendment 2084 #
2011/0281(COD)
Proposal for a regulation
Article 155 – paragraph 2 – subparagraph 2
Article 155 – paragraph 2 – subparagraph 2
Amendment 2086 #
2011/0281(COD)
Proposal for a regulation
Article 155 – paragraph 4
Article 155 – paragraph 4
4. The measures provided for in point (a) of paragraph 1 may be taken only if the Member State concerned has taken relevant phytosanitary or health and veterinary measures quickly to stamp out the pest or disease, and only to the extent and for the duration strictly necessary to support the market concerned.
Amendment 2088 #
2011/0281(COD)
Proposal for a regulation
Article 155 – paragraph 5 – subparagraph 1
Article 155 – paragraph 5 – subparagraph 1
The Union shall provide part-financing equivalent to 50 % and 100 %, respectively, of the expenditure borne by Member States for the measures provided for in points (a) and (b) of paragraph 1.
Amendment 2114 #
2011/0281(COD)
Proposal for a regulation
Article 158 – paragraph 1 – point a a (new)
Article 158 – paragraph 1 – point a a (new)
(aa) by 31 December 2016 at the latest, evaluating the aid referred to in Article 15a, together with any appropriate proposals to convert it into one of the types of aid referred to in Article 16.
Amendment 2119 #
2011/0281(COD)
Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)
Article 158 – paragraph 1 – point b a (new)
(ba) by 31 December 2015 at the latest on the development of the market situation in the beef and veal, sheepmeat and goatmeat, pigmeat, poultrymeat and rabbit meat, rice, dried fodder, raw tobacco, fruit and vegetable, and olive oil and wine sectors, and, in particular, on the possible application to those sectors of the measures referred to in Articles 104 to 107 of this Regulation.
Amendment 2128 #
2011/0281(COD)
Proposal for a regulation
Article 158 – paragraph 1 – point b a (new)
Article 158 – paragraph 1 – point b a (new)
(ba) by 31 December 2018 at the latest, on the development of the market situation in the sugar sector, in particular on the possible application of the measures referred to in Articles 104 to 107 following the end of the production quotas system.
Amendment 2142 #
2011/0281(COD)
Proposal for a regulation
Article 159 – paragraph 2 – point c a (new)
Article 159 – paragraph 2 – point c a (new)
(ca) sections 3 and 4 of Chapter II of Title I of Part II.
Amendment 2152 #
2011/0281(COD)
Proposal for a regulation
Article 163 – paragraph 1 – subparagraph 2 – introductory part
Article 163 – paragraph 1 – subparagraph 2 – introductory part
However, the following provisions of Regulation (EUC) No [COM(2010)799]1234/2007 shall continue to apply:
Amendment 2186 #
2011/0281(COD)
Proposal for a regulation
Annex II – Part VIII – point 1 – introductory part
Annex II – Part VIII – point 1 – introductory part
1. ‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature. Honey consists essentially of different sugars, predominantly fructose and glucose, as well as other substances such as organic acids, enzymes and solid particles derived from honey collection, including pollen, while none of these substances and particles can be considered an ingredient of honey.
Amendment 2189 #
2011/0281(COD)
Proposal for a regulation
Annex II – Part VIII – point 2
Annex II – Part VIII – point 2
2. ‘Apiculture products’ means honey, beeswax, royal jelly, propolis orand pollen.
Amendment 2193 #
2011/0281(COD)
Proposal for a regulation
Annex II – Part VIII – point 2 a (new)
Annex II – Part VIII – point 2 a (new)
2a. ‘Beeswax’ means lipid natural matter prepared from secretions of the wax glands of Apis mellifera worker bees and used in manufacturing honeycombs.
Amendment 2194 #
2011/0281(COD)
Proposal for a regulation
Annex II – Part VIII – point 2 b (new)
Annex II – Part VIII – point 2 b (new)
2b. ‘Royal jelly’ means the natural substance secreted by the hypopharyngeal and mandibular glands of Apis mellifera nurse worker bees, designed to feed the larvae and the queen and to which no other substance may be added.
Amendment 2195 #
2011/0281(COD)
Proposal for a regulation
Annex II – Part VIII – point 2 c (new)
Annex II – Part VIII – point 2 c (new)
2c. ‘Propolis’ means the substance collected from certain plants and subsequently transformed by Apis mellifera worker bees, to which their own secretions (mainly wax and salivary secretions) are added in order to use it as mortar.
Amendment 2196 #
2011/0281(COD)
Proposal for a regulation
Annex II – Part VIII – point 2 d (new)
Annex II – Part VIII – point 2 d (new)
2d. ‘Pollen’ means a compact substance, more or less spherical, resulting from the agglutination of the male gametes of flowers by means of nectar, salivary secretions and the mechanical action of the third pair of legs of Apis mellifera worker bees, which is collected and transformed in the form of balls of pollen in order to be deposited and subsequently stored in the hive, and to which no other substance may be added.
Amendment 2197 #
2011/0281(COD)
Proposal for a regulation
Annex II – Part VIII – point 2 e (new)
Annex II – Part VIII – point 2 e (new)
2e. ‘Honeycomb pollen or bee bread’ means balls of pollen scattered by bees in honeycomb cells which have undergone certain natural transformations through the presence of enzymes and micro- organisms; this pollen can be covered with honey.
Amendment 127 #
2011/0280(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 130 #
2011/0280(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of laying down further definitions regarding the access to support under thisthe criteria to determine the predominance of grasses and other herbaceous forage as regards permanent grassland. The Regulation, shall establishing the framework within which Member States shall define both the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well asnd the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in the state suitable for production and the criteria to determine the predominance of grasses and other herbaceous forage as regards permanent grassland.
Amendment 158 #
2011/0280(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such system should however take into account salaried labour intensity to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. Nor should the capping be applied in respect of cooperatives or other legal entities which group a number of beneficiaries of direct payments and which receive and channel the payments before distributing them in full to their members. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States or regions where they were generated and should be used either for financing projects with a significant contribution to innovation or other measures under Regulation (EU) No […] of the European Parliament and of the Council of….on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR] or, under the first pillar, as direct payments or coupled support under this Regulation.
Amendment 240 #
2011/0280(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory "greening" component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practises should take the form of simple, generalised, non- contractual and annual actions that go beyond cross- compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and ecological focus areas. The compulsory nature of those practises should also concern farmers whose holdings are fully or partly situatedBearing in mind the greater environmental requirements that have to be met by the production processes of holdings in "Natura 2000" areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as longwell as theose practises are compatible with the objectives of those Directivesreceiving agro-environmental and climate aid referred to in Article 29 of Regulation EU No (...)(DR), they shall be deemed to meet the requirements for this "greening" component. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the "greening" component without fulfilling any further obligation, given the recognised environmental benefits of the organic farming systems. Likewise, given the environmental benefits provided per se by certain types of production such as permanent crops eligible for the basic payment, permanent grassland, legumes and rice, their components should benefit from the "greening" component without needing to meet any other obligations. Olives, vines and fruit tees characterise the ecosystem of large regions and contribute to stabilising the soil against erosion, CO2 capture and reducing greenhouse gas emissions. The same should apply to farmers who sign up for agro- environmental programmes within the framework of rural development or who take part in a national certification scheme of recognised environmental value. Non-respect of the "greening" component should lead to penalties on the basis of Article 65 of Regulation (EU) No […] [HZR] which should in no case exceed the amount of the "green" payment itself.
Amendment 315 #
2011/0280(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) In order to strengthen social criteria, Member States should promote and establish employment footprint certification systems (accredited social certification with the involvement of social stakeholders) that provide consumers with information and act as a stimulus for a corporate social responsibility approach that identifies and selects the best labour relations and practices. This employment footprint information system could also be applied to imported products.
Amendment 356 #
2011/0280(COD)
Proposal for a regulation
Article 2
Article 2
Amendment 359 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) 'salaried agricultural worker' means an employee of a farmer, whether on a permanent, permanent seasonal or temporary contract, whose activity is fundamental to farming and the value chain, and whose employment conditions concerning stability, security and professionalism should be improved as a priority objective.
Amendment 375 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – indent 2
Article 4 – paragraph 1 – point c – indent 2
– maintaining the agricultural area in a state which makes it suitable for grazing or cultivation without any particular preparatory action going beyond traditionalstandard agricultural methods and machineries, or
Amendment 403 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
f) 'arable land' means land cultivated for crop production or areas available for crop production but laying fallow, including areas set aside in accordance with Article 32 of this Regulation, Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, with Article 39 of Regulation (EC) No 1698/2005 and with Article 29 of Regulation (EU) No […] [RDR], irrespective of whether or not that land is under greenhouses or under fixed or mobile cover;
Amendment 443 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
h) 'permanent grassland' means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or longer; it may include other species suitablethat can be used for grazing provided that the grasses and other herbaceous forage remain predominant;
Amendment 452 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h a (new)
Article 4 – paragraph 1 – point h a (new)
(ha) 'high nature value agricultural system' means areas in which agriculture sustains or is associated with a wide variety of species and habitats or with the presence of species facing conservation problems;
Amendment 467 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point k
Article 4 – paragraph 1 – point k
k) 'short rotation coppice' means areas planted with tree species of CN code 06029041 to be defined by Member States, that consist of woody, perennial crops, the rootstock or stools remaining in the ground after harvesting, with new shoots emerging in the following season and with a maximum harvest cycle to be determined by the Member States.(Does not affect English version.)
Amendment 479 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 481 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 486 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 491 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
d) establishing the criteria to determine the predominance of grasses and other herbaceous forage for the purpose of point (h) of paragraph 1.(Does not affect English version.)
Amendment 493 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) Annex (...) of this Regulations sets out (a) the framework within which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation; (b) the framework within which Member States are to define the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in a state suitable for grazing or cultivation as referred to in point (c) of paragraph 1.
Amendment 516 #
2011/0280(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 533 #
2011/0280(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 for the purpose of reviewing the ceilings set out in Annex III to take account of the difference between the ceilings established in Annex II and actual budget outturn each financial year.
Amendment 544 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, where one of the followthey do not carry out a minimum activity established by Member States ing applies:ccordance with Article 4(1)(c) of this Regulation.
Amendment 572 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 598 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 635 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 670 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) criteria to establish the amount of direct payments relevant for the purpose of paragraphs 1 and 2, in particular in the first year of allocation of payment entitlements where the value of the payment entitlements is not yet definitively established as well as for new farmers;
Amendment 782 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment, and profits shared among members in the case of an agricultural cooperative, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.
Amendment 791 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. For each Member State and each year, the estimated product of capping as referred to in this Article, which is reflected by the difference between the national ceilings set out in Annex II, to which is added the amount available in accordance with Article 44, and the net ceilings set out in Annex III, is made available as Union support. The Member State may decide to allocate this funding for measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No […] [RDR], or may use it under the first pillar, in the form of direct payments or coupled aid to sectors in difficulty, under this Regulation.
Amendment 858 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
2. Before 1 August 2013, Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may decide to make available as direct payments under this Regulation up to 510 % of the amount allocated to support for measures under rural development programming financed under the EAFRD in the period 2015-2020 as specified under Regulation (EU) No […] [RDR]. As a result, the corresponding amount shall no longer be available for support measures under rural development programming.
Amendment 887 #
2011/0280(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Without prejudice to the provisions of the previous paragraph and in the case of Member States making use of the terms of Article 22, paragraphs 3 and 4, the financial value of payment entitlements allocated under the single payment scheme in accordance with Regulations (EC) No 1782/2003 and (EC) No 73/2009 shall be taken into account.
Amendment 904 #
2011/0280(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Special entitlements Special rights, based on objective and non-discriminatory criteria, may be established for livestock producers in the milk and milk products, beef, lamb and goat meat sectors with no land of their own on which to carry out their activities
Amendment 920 #
2011/0280(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States may decide, before 1 August 2013, to apply the basic payment scheme at regional level. In that case they shall define the regions in accordance with objective and non- discriminatory criteria such as their agronomic and socioeconomic characteristics and their regional agricultural potential, or their institutional or administrative structure.
Amendment 929 #
2011/0280(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The Member States shall notify the Commission by 31 AugustDecember 2013 of the decision referred to in paragraph 1, together with the measures taken for the application of paragraphs 2 and 3.
Amendment 934 #
2011/0280(COD)
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. During the transition period, the Member States may review the decision referred to in paragraph 1, together with the measures taken in order to apply paragraphs 2 and 3.
Amendment 1300 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
a) to have three different crops on their On arable land where the arable land of the farmer covers more than 320 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with leguminous crops or crops under water for a significant part of the year or engaged in organic production or located entirely in the areas referred to in paragraph 3: i) to have at least two different crops on their arable land ii) to have ecological focus area on their agricultural area;
Amendment 1324 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
b) to maintain existing permanent grasslandpasture areas on their holding; and
Amendment 1333 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
Amendment 1393 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Without prejudice to paragraphs 3 and 4 and to the application of financial discipline, linear reductions in accordance with Article 7, and any reductions and penalties imposed pursuant to Regulation (EU) No […] [HZR], Member States shall grant the payment referred to in this Chapter to farmers observing those of the three practisces referred to in paragraph 1 that are relevant for them, and in function of their compliance with Articles 30, 31 and 32..
Amendment 1401 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. The reductions and penalties imposed on such payments pursuant to Regulation (EU) No […] [HZR] shall under no circumstances exceed the amount thereof.
Amendment 1405 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Farmers whose holdings are fully or partly situated in areas covered by Directives 92/43/EEC or 2009/147/EC shall be entitled to the payment referred to in this Chapter provided that they observe the practises referred to in this Chapter to the extent that those practises are compatible in the holding concerned with the objectives of those Directives, and farmers who receive agri- environment-climate payments pursuant to Article 29 of Regulation (EU) No […] [RDR] shall be entitled ipso facto to the payment referred to in this Chapter with respect to their hectarage which is eligible under these criteria.
Amendment 1422 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
Farmers shall be entitled ipso facto to the payment referred to in this Chapter when they fall within the following categories: – farmers complying with the requirements laid downset out in Article 29(1) of Regulation (EC) No 834/2007 as regards organic farming shall be entitled ipso facto to the payment referred to in this Chapter. , or – beneficiaries of agri-environment- climatic payments established pursuant to Article 29 of Regulation (EU) No [...] [RDR]; – farmers with hectarage set aside as permanent pasture, or used for the cultivation of permanent crops, leguminous crops or underwater crops; – beneficiaries with hectarage located in the Natura 2000 network.
Amendment 1451 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007, or that are covered by agri- environment-climate measures in accordance with Article 29 of Regulation (EU) No [...] [RDR], or that are used for the cultivation of permanent crops, leguminous crops or underwater crops, or that are located in the Natura 2000 network.
Amendment 1481 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The payment referred to in paragraph 1 shall take the form of an annual payment per eligible hectare declared according to Article 26(1), the amount of which shall be calculated annually by dividing the amount resulting from the application of Article 33(1) by the total number of eligible hectares declared in the Member State or region concerned according to Article 26.
Amendment 1520 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 320 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year, the farmer shall employ at least one of the following farming practices: a) cultivation on the arable land shall consist of at least threewo different crops. None of those three crops shall cover less than 5 % of the aforementioned area. b) ensuring that at least 3% of their arable land and the main one shall not exceed 70 % of the arable landis set aside as ecological focus areas such as land left fallow, terraces, landscape features, buffer strips and forested areas as referred to in Article 25(2)(b)(ii).
Amendment 1577 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
1b. For the purposes of this Article, ‘crop’ shall mean any species defined as a plant for purposes of botanical classification and land left fallow.
Amendment 1584 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of 'crop' and the rules concerning the application of the precise calculation of shares of different crops. , bearing in mind that fallow land shall be treated as a crop for the purposes of diversification, and better identifying the types of ecological focus area described in paragraph 1 of this Article, as well as adding and identifying other types of ecological focus area which may be taken into account when meeting the percentage given in paragraph 1.
Amendment 1685 #
2011/0280(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 1835 #
2011/0280(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In order to finance the payment referred to in this Chapter, Member States shall use 320 % of the annual national ceiling set out in Annex II.
Amendment 1867 #
2011/0280(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Special payment for smart growth General rules 1. The Member States shall grant aid to farmers under the terms laid out in this chapter, subject to compliance with the terms of Article 9. 2. The Member States shall establish the requirements to be met by potential beneficiaries. 3. Without prejudice to the terms of paragraph 2, this aid shall be directed at farmers who obtain a higher percentage of their income from the sale of agricultural products than from their total earnings from any other economic activity. 4. In order to apply this chapter, Member States may use the definitions laid out in their relevant national legislation and which are currently used for granting specific types of aid. 5. The Member States shall increase the value of basic payment entitlements by up to 50 % for farmers fulfilling the conditions laid down by the Member States, as set out in this chapter, and bearing in mind the ceiling set by Article 33b.
Amendment 1868 #
2011/0280(COD)
Proposal for a regulation
Article 33 b (new)
Article 33 b (new)
Article 33b Financial provisions 1. In order to finance the payment referred to in Article 33a, Member States shall use 10 % of the annual national ceiling set out in Annex II.
Amendment 1882 #
2011/0280(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Without prejudice to paragraph 2 and to the application of financial discipline, progressive reduction and capping, linear reduction as referred in Article 7, and any reductions and exclusions imposed pursuant to Article 65 of Regulation (EU) No […] [HZR], the payment referred to in paragraph 1 shall be granted annually per eligible hectare situated in the areas to which Member States decided to grant a payment in accordance with paragraph 2 of this Article and shall be paid upon activation of payment entitlements on those hectareeligible hectares situated in these areas with natural constraints held by the farmer concerned.
Amendment 1997 #
2011/0280(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2
Article 37 – paragraph 1 – subparagraph 2
Member States may, by 1 August5 October of each year, as of 20164, reviewduce their estimated percentage with effect from 1 January 2017, on the basis of the applications made in respect of that year. They shall notify the Commission of the reviewed percentage by 1 August 20165 October of each year.
Amendment 2001 #
2011/0280(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Without prejudice to the maximum of 2 % set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 2 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25, up to the ceiling of 2% set in paragraph 1.
Amendment 2021 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetablesany sector of agricultural activity and short rotation coppice.
Amendment 2059 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Coupled support may only be granted to sectors or to regions of a Member State where specific types ofin farming or specific agricultural sectors undergowhich are: (a) experiencing certain difficulties and are particularly important for economic and/or social and/or environmental reasonsreasons or owing to their insularity and/or; (b) particularly important in terms of protection or improvement of the environment, climate protection and/or biodiversity. Aid will also be provided with the aim of promoting high-quality produce, improving competitiveness and encouraging the concentration or commercial organisation of production in the sector concerned.
Amendment 2070 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 a (new)
Article 38 – paragraph 3 – subparagraph 1 a (new)
In accordance with the provisions of the preceding paragraph, farmers in the livestock, milk and dairy products, beef and sheep- and goatmeat sectors, who do not own the land which they farm, shall have access to a system of payments based on special entitlements.
Amendment 2082 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
5. Coupled support shall take the form of an annual payment and shall be granted within defined quantitative limits and based on fixed areas and yields or on a fixed number of animalsobjective criteria.
Amendment 2142 #
2011/0280(COD)
Proposal for a regulation
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. Member States may, by 1 August 2016of each year, review their decision pursuant to paragraphs 1, 2 and 3 and decide, with effect from 2017the subsequent year:
Amendment 2150 #
2011/0280(COD)
Proposal for a regulation
Article 39 – paragraph 4 – point a
Article 39 – paragraph 4 – point a
(a) to increase the percentage fixed pursuant to paragraphs 1, 2 and 23, within the limits laid down therein where applicable, and, where appropriate, modify the conditions for granting the support;
Amendment 2231 #
2011/0280(COD)
Proposal for a regulation
Article 48 – paragraph 2 a (new)
Article 48 – paragraph 2 a (new)
Member States may stipulate that farmers who receive support which is less than an amount to be determined, and which may in no circumstances exceed EUR 1000, shall be included in the scheme, unless they expressly ask to leave it by submitting an application at the latest by the date indicated in the first paragraph.
Amendment 2286 #
2011/0280(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Annex Ia List of minimum activities to be carried out on land used for pasture or cultivation and minimum criteria to be met by farmers, as referred to in Article 4 I – Minimum activities (the Commission will incorporate the list into this annex) II – Criteria to be met by farmers (the Commission will incorporate the list into this annex)
Amendment 167 #
2010/2239(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that, within the diversity of pension systems and economic situations in Member States at different times, the general systems (first pillar) combined withsupplemented by a work-related systems (second pillar) afford the best guarantee ofor an adequate pension provisionscheme, provided that the second pillar is generally introduced and managed jointly;
Amendment 206 #
2010/2239(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that because of the financial crisis, several Member States are planning to introduce changes to their pension systems; urges them, however, to ensure that pension systems remain stable, reliable and sustainable, and that all changes are made after adequate social dialogue and on the basis of the provision of sufficient information; advocates that, if choices can be made by employees, enough time should be provided for them to make informed and well thought-out decisions;
Amendment 58 #
2010/0209(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra- corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
Amendment 65 #
2010/0209(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Member States should ratify without delay the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly of the United Nations on 18 December 1990.
Amendment 67 #
2010/0209(COD)
Proposal for a directive
Recital 29 b (new)
Recital 29 b (new)
(29b) This Directive should apply without prejudice to the rights and principles contained in the European Social Charter of 18 October 1961 and the European Convention on the Legal Status of Migrant Workers of 24 November 1977.
Amendment 168 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 2 – point c
Article 14 – point 2 – point c
(c) without prejudice to existing bilateral agreements, provisions in national law regarding the branches of social security as defined in Article 3 of Regulation (EC) No 883/2004. In the event of mobility between Member States and without prejudice to existing bilateral agreements, Council Regulation (EC) No 859/2003 shall apply accordingly;
Amendment 177 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 2 – point d
Article 14 – point 2 – point d
(d) without prejudice to Regulation (EC) No 859/2003 and to existing bilateral agreements, payment ofthird-country workers moving to a third country, or the survivors of such workers residing in a third-country deriving rights from the worker, shall receive, in relation to old-age, invalidity and death, statutory pensions based on the worker’s’ previous employment when movingand acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country;
Amendment 31 #
2010/0115(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) The Treaty on European Union stipulates in Article 3.3 that the Union shall combat social exclusion and discrimination, and shall promote social justice and protection and provides for the Union's initiatives to ensure coordination of Member States' social policies. Article 9 of the Treaty on the Functioning of the European Union provides that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of full and decent employment, the guarantee of adequate social protection and the fight against social exclusion and all Member States should follow the principle of equal pay for equal work at the same workplace.
Amendment 58 #
2010/0115(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) As part of comprehensive "exit strategies" for the economic crisis, Member States should carry out ambitious reforms to ensure macroeconomic stability, the promotion of more and better jobs, as promoted by the ILO in its Decent Work Agenda, and the sustainability of public finance, improve competitiveness, reduce macroeconomic imbalances and enhance labour market performance. The withdrawal of the fiscal stimulus should be implemented and coordinated within the framework of the Stability and Growth Pact.
Amendment 86 #
2010/0115(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) Member States should also, through their reform programmes and based on decent jobs, aim at "sustainable growth". Sustainable growth means building a resource-efficient, sustainable and competitive economy, a fair distribution of the cost and benefits and exploiting Europe's leadership in the race to develop new processes and technologies, including green technologies. Member States should implement the necessary reforms to reduce greenhouse gases emissions and use resources efficiently. They should also improve the business environment, stimulate creation of green jobs and modernise their industrial base.
Amendment 95 #
2010/0115(NLE)
Proposal for a decision
Recital 11
Recital 11
(11) Member States" reform programmes should also aim at "inclusive growth". Inclusive growth means building a cohesive society in which people are empowered to anticipate and manage change, thus to actively participate in society and economy. Member States" reforms should therefore ensure access and opportunities for all throughout the lifecycle, thus reducing poverty and social exclusion, through removing barriers to labour market participation especially for women, older workers, young people, disabled and legal migrants whilst taking into account decent working conditions and those unable to participate in the labour market. They should also make sure that the benefits of economic growth reach all citizens and all regions. Ensuring effective functioning of the labour markets through investing in successful transitions, appropriate skills development, rising job quality and fighting segmentgender equality and fighting segmentation, by providing security for workers under all forms of employment, discrimination, structural unemployment and inactivity while ensuring adequate, sustainable social protection and active inclusion to reduce poverty should therefore be at the heart of Member States" reform programmes.
Amendment 101 #
2010/0115(NLE)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11 a) In the context of the 'inclusive growth' objective Member States should set an appropriate legislative framework for the new forms of work whilst paying attention both to ensuring adequate social security and flexible forms of employment for workers in order to guarantee the compatibility of family and work life.
Amendment 115 #
2010/0115(NLE)
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13 a) Member States should take into account the Europe 2020 strategy, and, in particular, its employment and social aspects, when programming and implementing EU funding, including that from the European Social Fund, the European Regional Development Fund and the Cohesion Fund. The use of the European Funding has to reduce the number of bureaucratic hurdles and facilitate longer-term measures.
Amendment 138 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – title
Annex – Guideline 7 – title
Guideline 7: IncCreasting labour market participation andmore and better jobs, reducing structural unemployment and increasing labour market participation
Amendment 163 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 1
Annex – Guideline 7 – paragraph 1
Amendment 190 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 3
Annex – Guideline 7 – paragraph 3
In order to increase competitiveness and raise participation levels, particularly for the low-skilled, and in line with economic policy guideline 2, Member States should review tax and benefit systems and the capacity of public services to provide the necessary support. Member States should increase labour force participation through policies to promote active ageing, gender equality and equal pay and labour market integration of young people, disabled, legal migrants and other vulnerable groups. Work-life balance policies with the provision of affordable care and innovation in work organisation should be geared to raising employment rates, particularly among youth, older workers and women, in particular to retain highly-skilled women in scientific and technical fields. Member States should also refurthermovre barriers to labour market entry for newcomers, support self-employment and job creation in areas including green employment and care and promote social innovationoost both individual and collective forms of self- employment through social economy-type enterprises. Support should be given to social economy enterprises as an important source of job creation as they depend less on the business cycle and often provide services that are labour- intensive and socially useful.
Amendment 217 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – title
Annex – Guideline 8 – title
Guideline 8: Developing a skilled workforce responding to labour market needs, pPromoting job quality and lifelong learning, developing a skilled workforce
Amendment 226 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 1
Annex – Guideline 8 – paragraph 1
Member States should promote productivity and employability through an adequate supply of knowledge and skills to match current and future demand in the labour market. Quality initial education and attractive vocational training must be complemented with effective incentives for lifelong learning, and second-chance opportunities. Member States should offer a "second chance" for young people aged between 25 and 35 which include an obligatory offer of educational and vocational training. Further, ensuring every adult the chance to move one step up in their qualification, and by targeted migration and integration policies. Member States should develop systems for recognising acquired competencies, remove barriers to occupational and geographical mobility of workers, promote the acquisition of transversal competences and creativity, and focus their efforts particularly on supporting those with low skills and increasing the employability of older workers, while at the same time enhance the training, skills and experience of highly skilled workers, including researchers.
Amendment 229 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 1 a (new)
Annex – Guideline 8 – paragraph 1 a (new)
The geographic and cross-border mobility which is wanted by employers must not lead to a deterioration of working conditions and a reduction of pensions and unemployment benefits. Geographic mobility should never lead to lowering of social standards.
Amendment 253 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 a (new)
Annex – Guideline 8 a (new)
Guideline 8a: Reforming and strengthening cohesion policy in support of employment Member States commit themselves to arrange, complement, coordinate and adjust their national targets, within and among each other, in a way that imbalances of economic development between regions will be reduced. The Member States are aware that cohesion policy represents an effective and supportive, but not subordinated, instrument to the guidelines by accommodating regional specificities, supporting regions to overcome their socio-economical difficulties and reducing disparities. An integrated approach, multilevel governance and partnership principles should be the core of governance and deliverer of the strategy, whereas the regional and local level in particular have to play a crucial role as vehicles to reach the countless economic and social actors living and producing in the Union, in particular the SMEs, especially from the social economy. Therefore, cohesion policy is not just the source of stable financial allocations, but also a powerful instrument for the economic development and so an employment instrument for all Union regions. The Member States should invest more in transport, energy, telecommunication and IT infrastructure and make full use of the European Structural Funds, the rules and procedures of which should be harmonised in order to simplify delivery systems and encourage the participation of potential beneficiaries in Union co- founded programmes. To achieve this, Member States should create synergies between their cohesion policies and other existing sectoral policies, in accordance with an integrated approach, since cohesion is not a cost, but gives strength, taps unused potential, reduces structural differences between countries and regions, expands growth and improves the competitiveness of Union regions in a globalised world, counterbalances the effects of the global economic crisis and generates Union social capital.
Amendment 269 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 10 – title
Annex – Guideline 10 – title
Guideline 10: PCombating Poverty and promoting social inclusion and combating povertyprotection
Amendment 275 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 10 – paragraph 1
Annex – Guideline 10 – paragraph 1
Member States’ efforts to reduce poverty should be aimed at promoting full participation in society and economy and extending employment opportunities, making full use of the European Social Fund. Efforts should also concentrate on ensuring equal opportunities, including through access to affordable, sustainable and high quality services and public services (including online services, in line with guideline 4) and in particular health care. Member States should put in place effective anti-discrimination measures. Equally, to fight social exclusion, empower people and promote labour market participation, social protection systems, lifelong learning and active inclusion policies should be enhanced to create opportunities at different stages of people’s lives and shield them from the risk of exclusion. Social security and pension systems must be modernised to ensure that they can be fully deployed to ensure adequate income support and access to healthcare — thus providing social cohesion — whilst at the same time remaining financially sustainable. Benefit systems should focus on ensuring income security during transitions and reducing poverty, in particular among groups most at risk from social exclusion, such as one- parent families, minorities, people with disabilities, children and young people, elderly women and men, legal migrants and the homeless. In order to strengthen income security at various stages of life, the Member States should ensure adequate minimum incomes that should at least be above the poverty line, in accordance with the various practices, collective agreements and legislation in the Member States. Member States should also actively promote the social economy and social innovation in support of the most vulnerable.
Amendment 19 #
2009/2221(INI)
Motion for a resolution
Recital F
Recital F
F. whereas decent work shifts young people from social dependence to self- sufficiency, helps them escape poverty and enables them to actively contribute to society, economically and socially; whereas discriminative legislation in some Member States, such as the minimum wage for young people in the UK, the Revenu minimum d'insertion in France and the reduced employment benefits for young people in Denmark, prevent young people from entering into an adult, independent life,
Amendment 1 #
2009/2116(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes with regret the Court’s findings in relation to the carry-over of EUR 3.4 million 400 000 and hence the artificial decrease in the budgetary outturn, resulting in a reduction of the level of repayments to the Community budget; calls therefore, in the interest of sound financial management, for the budget forecasts to be adjusted to reflect the actual needs; expectswelcomes the further efforts in ensuring compliance with the principle of annuality and sound financial management in the future, particularly the undertaking to no longer commit significant funds at the year-end;
Amendment 2 #
2009/2116(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Expects the Agency to resolve the existing problems with its public procurement procedurproblem of using a public procurement framework contract beyond its maximal value in order to give effect to European budgetary law;
Amendment 30 #
2009/0096(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) The majority of micro-credit provided to disadvantaged persons in the European Union is provided by non-commercial microfinance institutions and socially committed banks, and therefore those providers require further support in order to meet the current levels of demand.
Amendment 1 #
2008/2085(INI)
Motion for a resolution
Title
Title
on Challenges to collective agreements and industrial relations in the EU
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 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 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 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 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 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 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 1 #
2008/2062(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the opinion of the European Economic and Social Committee on the organisation of working time for self-employed workers in the road transport sector (TEN/326),
Amendment 11 #
2008/0195(COD)
Proposal for a directive - amending act
Recital 6
Recital 6
(6) As a consequence of differences in interpretation, application and weak enforcement of the provisions of Directive 2002/15/EC by the Member States and of a failure to adhere to the minimum working time standards by transport companies and drivers, competition is distorted, and the safety and health of drivers is jeopardized.
Amendment 12 #
2008/0195(COD)
Proposal for a directive - amending act
Recital 7
Recital 7
(7) In the light of the Commission report and the impact assessment, self-employed drivers should be exincluded fromwithin the scope of Directive 2002/15/EC.
Amendment 14 #
2008/0195(COD)
Proposal for a directive - amending act
Recital 8
Recital 8
Amendment 16 #
2008/0195(COD)
Proposal for a directive– amending act
–
–
The European Parliament rejects the Commission proposal.
Amendment 19 #
2008/0195(COD)
Proposal for a directive– amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) Mobile workers who do not fall under the scope of application of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport1 should fall under the scope of application of this Directive. 1 OJ L 102, 11.4.2006, p.1.
Amendment 19 #
2008/0195(COD)
Proposal for a directive - amending act
Recital 12
Recital 12
(12) It is therefore appropriate to modernise Directive 2002/15/EC in order to remedy shortcomings in the implementation, application and enforcement of the rules by clarifyadapting its scope, reinforcing administrative cooperation among Member States and promoting the exchange of information and good practieffective penalties in the event of non- compliance.
Amendment 21 #
2008/0195(COD)
Proposal for a directive - amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) In accordance with the general principles of Community law, Member States should ensure that penalties decided on in the event of non-compliance with this Directive are appropriate, effective and proportionate and have a deterrent effect.
Amendment 22 #
2008/0195(COD)
Proposal for a directive – amending act
Recital 6
Recital 6
(6) As a consequence of differences in interpretation, application and weak enforcement of the provisions of Directive 2002/15/EC by the Member States and of a failure to adhere to the minimum working time standards by transport companies and drivers, competition is distorted, and the safety and health of drivers is jeopardized.
Amendment 24 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2002/15/EC
Article 2– paragraph 1
Article 2– paragraph 1
1. Theis Directive shall apply to mobile workers, as defined in Article 3(d) of this Directive, employed by undertakings established in a Member State, participating in road transport activities covered by Regulation (EEC) No 561/20063820/85 or, failing that, by the AETR Agreement. This Directive shall also apply to mobile workers as defined in the second sentence of Article 3(d)self-employed drivers as from 23 March 2009.
Amendment 25 #
2008/0195(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In the light of the Commission report and the impact assessment, self-employed drivers should be exincluded fromin the scope of Directive 2002/15/EC.
Amendment 25 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 2002/15/EC
Article 2 – paragraphs 2 and 3
Article 2 – paragraphs 2 and 3
Amendment 26 #
2008/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2002/15/EC
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 27 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 2002/15/EC
Article 3 – point a – point 2
Article 3 – point a – point 2
Amendment 29 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2002/15/EC
Article 3 – point d
Article 3 – point d
Amendment 30 #
2008/0195(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 34 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 2 –point c
Article 1 – point 2 –point c
Directive 2002/15/EC
Article 3 – point e
Article 3 – point e
Amendment 36 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 2 – point d
Article 1 – point 2 – point d
Directive 2002/15/EC
Article 3 – point f
Article 3 – point f
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 59 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 1 – subpoint a
Article 1 – point 1 – subpoint a
Directive 2002/15/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 61 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 1 – subpoint b
Article 1 – point 1 – subpoint b
Directive 2002/15/EC
Article 2 – paragraphs 2 and 3
Article 2 – paragraphs 2 and 3
Amendment 62 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 1 – subpoint c
Article 1 – point 1 – subpoint c
Directive 2002/15/EC
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 63 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 2 – subpoint a
Article 1 – point 2 – subpoint a
Directive 2002/15/EC
Article 3 – point a – paragraph 2
Article 3 – point a – paragraph 2
Amendment 73 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 2 – subpoint b
Article 1 – point 2 – subpoint b
Directive 2002/15/EC
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
"'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i. who does not have the freedom to organise the relevant working activities; ii. whose income does not depend directly on the profits made; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers for whom one of the following indicators apply: i. who is subordinated to a user undertaking: does not have the freedom to organise his working place and time and the relevant working activities or has to submit to orders and instructions of another party in the performance of work; ii. whose income does not depend directly on the profits made, and who is economically, financially and socially dependent on the work done for and by an undertaking that belongs to someone else; who receives the following: periodic payment of remuneration and such remuneration constitutes the worker's sole or principal source of income; payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers; iiia. whose work is very similar to previous work executed for the same contractor; iiib. whose work involves the provision of tools, materials and machinery by the party requesting the work; iiic. who does not dispose of the vehicle used, either through ownership or through leases / lease; To justify a genuine self-employed status, the burden of proof shall in all cases fall upon the self-employed worker."
Amendment 74 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 2 – subpoint c
Article 1 – point 2 – subpoint c
Directive 2002/15/EC
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 76 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 2 – subpoint c
Article 1 – point 2 – subpoint c
Directive 2002/15/EC
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(c) point (e) is deleted replaced by the following: 'Self-employed driver’ shall mean anyone: i. whose main occupation is to transport passengers or goods by road for hire and reward within the meaning of Union legislation under cover of a Community licence or any other professional authorisation to carry out the aforementioned transport (so, the reference to Community licence & professional authorisation is kept); ii. who is entitled to work for himself and who is not tied to an employer by an employment contract or by any type of working hierarchical relationship; iii. who is not subordinated to a user undertaking: has the freedom to organise his working place and time and the relevant working activities or does not have to submit to orders and instructions of another party in the performance of work; iv. whose income does not depend directly on the profits made, and who is not economically, financially and socially dependent on the work done for and by an undertaking that belongs to someone else; who does not receive any of the following: periodic payment of remuneration where such remuneration constitutes the worker's sole or principal source of income; payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; v. who has the freedom, individually or through cooperation with other self- employed drivers, to have relationships with several customers; vi. whose work is different from previous work executed for the same contractor To justify a genuine self-employed status, the burden of proof shall in all cases fall upon the self-employed worker."
Amendment 108 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2002/15/EC
Article 11 b (new)
Article 11 b (new)
(6a) The following Article 11b is inserted Article 11b Infringements Not complying with the definitions in article 3(d) and article 3(e) of this Regulation shall be considered as a ‘most serious infringement’ and shall therefore be subject to all the provisions set out under Regulation (EC) No 1071/2009 with regard to this type of infringement; Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies not complying with the definitions in Article 3(d) and Article 3(e) of this Regulation shall also be considered as a ‘most serious infringement’, and shall therefore be subject to all the provisions set out under Regulation (EC) No 1071/2009 with regard to this type of infringement;
Amendment 109 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 6 b (new)
Article 1 – point 6 b (new)
Directive 2002/15/EC
Article 12 a (new)
Article 12 a (new)
Amendment 113 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2002/15/EC
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
(8a) In Article 13, the following paragraph 2 a is inserted: "2a. The Commission shall establish a method and content for reporting by Member States with regard to employment trends in the sector, the impact on fair competition, occupational health and safety and road safety; on the basis of these reports, the Commission will submit regular reports to the European Parliament and the Council; the Member States and the Commission shall report every two years on the above; The Commission shall also report (two years after the entry into force of the Directive) to the European Parliament and the Council on the measures adopted in terms of frequency and modalities of monitoring and control of working time."
Amendment 55 #
2008/0105(CNS)
Proposal for a regulation – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Regulation (EC) No 1698/2005
Article 60
Article 60
Amendment 156 #
2008/0104(CNS)
Proposal for a regulation – amending act
Annex I
Annex I
Amendment 135 #
2008/0103(CNS)
Proposal for a regulation
Recital 1
Recital 1
(1) Experience drawn from the implementation of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 shows that certain elements of the support mechanism need to be adjusted. In particular the decoupling of direct support shcould be extended and the functioning of the Single Payment Scheme shcould be simplified. It should also be noted that Regulation (EC) No 1782/2003 has been substantially amended since its entry into force. In the light of these developments and in the interest of clarity it should be repealed and replaced by a new Regulation.
Amendment 164 #
2008/0103(CNS)
Proposal for a regulation
Recital 7
Recital 7
(7) The savings madefunds obtained through the modulation mechanism introduced by Regulation (EC) No 1782/2003 are used to finance measures under the rural development policy. Since the adoption of that regulation the agricultural sector has been faced with a number of new and demanding challenges such as climate change, the increasing importance of bio- energy, as well as the need for a better water management and a more effective protection of biodiversity. The European Community, as party to the Kyoto Protocol, has been called to adapt its policies in the light of the climate change considerations. Furthermore, following serious problems related to water scarcity and droughts, water management issues should be further addressed. Protecting biodiversity remains a major challenge and while important progress has been made, the achievement of the European Community's biodiversity target for 2010 will require additional efforts12. The Community acknowledges the need to tackle these new challenges in the framework of its policies. In the area of agriculture, rural development programs adopted under Council Regulation (EC) No 1698/2006 of 20 September 2005 on 1 Council Conclusion, Brussels, 18.12.2006, 16164/06. support for rural development by the European Agricultural Fund for Rural Development (EAFRD)13 are an appropriate tool to deal with them. To enable Member States to revise their rural development programmes accordingly without being required to reduce their current rural development activities in other areas, additional funding needs to be made available. However, the financial perspectives for the period 2007 to 2013 do not provide for the financial means to reinforce the Community's rural development policy as necessary. Under these circumstances it is appropriate to mobilise a large part of the financial resources needed by providing for a gradual increase of the reduction of direct payments through modulation.
Amendment 170 #
2008/0103(CNS)
Proposal for a regulation
Recital 8
Recital 8
(8) The distribution of direct income support among farmers is characterised by the allocation of a large share of payments to a rather limited number of large beneficiaries. It is clear that larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently attained. Moreover, the potential to adapt makes it easier to larger beneficiaries to operate with lower levels of unitary support. It therefore seems equitable to expect farmers with high amounts of support to make a particular contribution to the financing of rural development measures addressing new challenges. Therefore, it appears appropriate to establish a mechanism providing for an increased reduction of the highest payments the proceeds of which should also be used to deal with new challenges in the framework of rural development or in the framework of the first pillar to cope with specific situations. To ensure the proportionality of this mechanism the additional reductions should increase progressively according to the amounts of the payments concerned.
Amendment 178 #
2008/0103(CNS)
Proposal for a regulation
Recital 11
Recital 11
(11) The amounts resulting from the application of 5 percentage points corresponding to modulation reductions fixed in Regulation (EC) No 1782/2003 should be allocated between Member States according to objective criteria. However, it is appropriate to establish that a certain percentage of the amounts should remain in the Member States where they have been generated. In view of the structural adjustments resulting from the abolition of rye intervention, it is appropriate to provide for specific measures for certain rye production regions financed with part of the amounts generated by modulation. However, the amounts raised by the application of any furtherthe new modulation reductionpercentages and maximum aid thresholds should be made available to the Member States where they have been generated.
Amendment 186 #
2008/0103(CNS)
Proposal for a regulation
Recital 19
Recital 19
(19) The management of small amounts is a burdensome task for the competent authorities of the Member States. To avoid excessive administrative burden it is appropriate for Member States who so decide to be able to refrain from granting direct payments where the payment would be lower than the Community average support for one hectare or the eligible area of the holding for which support is claimed would relate to less than one hectare. Special provision should be made for those Member States whose farm structure differs significantly from the average Community one. Member States should be given discretion to opt for the implementation of one of the two criteria taking account of the particularities of the structures of their agricultural economies. As special payment entitlements were allocated to farmers with so-called "landless" holdings the application of the hectare-based threshold would be ineffective. Such farmers should therefore be subject to the averages support-based minimum amount.
Amendment 188 #
2008/0103(CNS)
Proposal for a regulation
Recital 20
Recital 20
Amendment 198 #
2008/0103(CNS)
Proposal for a regulation
Recital 28
Recital 28
(28) Further to the integration of formerly coupled market support into the single payment scheme, the value of payment entitlements was, in those Member States opting for a historic implementation, based on the individual level of past support. With a growing number of years elapsing since the introduction of the single payment scheme and following the successive integration of further sectors into the single payment scheme, it becomes increasingly harder to justify the legitimacy of significant individual differences in the support level which are only based on past support. For this reason Member States that chose the historic implementation model should be allowed under certain conditions to review the allocated payment entitlements with a view to approximating their unit value while respecting the general principles of community law and the objectives of the Common Agricultural Policy. In this context Member States may take into account the specificities of geographical areas when fixing closer values. The levelling of payment entitlements should take place during an adequate transition period, depending on the pace of implementation chosen by each Member State, and within a limited range of reductions in order to allow farmers to reasonably adapt to the changing levels of support.
Amendment 207 #
2008/0103(CNS)
Proposal for a regulation
Recital 30
Recital 30
(30) Regulation (EC) No 1782/2003, while introducing a decoupled single payment scheme allowed Member States to exclude certain payments from that scheme. At the same time Article 64(3) of that Regulation provided for the revision of the options provided for in Sections 2 and 3 of Chapter 5 of its Title III, in the light of market and structural developments. An analysis of the relevant experience shows that decoupling could introduces flexibility in the choice of producers, enabling them to take their production decisions on the basis of profitability and market response. This is particularly the case for the arable crops, hops and seeds sectors, and to a certain extent, also the beef sector. Therefore, the partially coupled payments in these sectors should be integrated into the single payment scheme. In order for farmers in the beef sector to gradually adjust to the new support arrangements provision should be made for a phasing-in of the integration of the special premium for male animals and the slaughter premiumerefore, it is desirable to authorise those Member States which so decide to continue decoupling aid. Since the partially coupled payments in the fruit and vegetable sectors were only recently introduced, and only as a transitional measure, no review of such schemes is necessary.
Amendment 212 #
2008/0103(CNS)
Proposal for a regulation
Recital 31
Recital 31
(31) However, as regards the suckler cow and sheep and goat sector it appears that maintaining a minimum level of agricultural production may still be necessary for ensuring a balance in some sectors and for the agricultural economies in certain regions and, in particular, where farmers cannot have recourse to other economic alternatives. Against this background, Member States should have the option to maintain coupled support at the current level or, for suckler cows, at a lower level. In that case, special provision should be made for the respect of the identification and registration requirements provided for by Regulation (EC) No 1760/2000 of the European Parliament and of the Council1 and Council Regulation (EC) No 21/. OJ L 204, 11.8.2000, p. 1. OJ L 5, 9.1.20042, in particular with a view to secure the traceability of animals. 1 2p. 8.
Amendment 221 #
2008/0103(CNS)
Proposal for a regulation
Recital 32
Recital 32
(32) Member States should be allowed to use up to 120% of their ceilings for granting specific support in clearly defined cases. Such support should allow Member States to address environmental issues and improve the quality and marketing of agricultural products. Specific support should also be available to buffer the consequences of the phasing-out of milk quotas and the decoupling of support in particularly sensitive sectors. Given the growing importance of an effective management of risks Member States should be given the option to financially contribute to the premiums farmers pay for crop insurance as well as to the financing of financial compensation of certain economic losses in case of animal or plant diseases. With a view to respect the Community’s international obligations the resources that could be used for any coupled support measures should be limited at an appropriate level. The conditions applicable to the financial contributions to crop insurance and animal or plant disease related compensation should be established accordingly.
Amendment 224 #
2008/0103(CNS)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) In view of the increasing importance of effective risk management, Member States should be offered the option of contributing financially to the payment of the agricultural insurance premiums paid by farmers, as well as to the funding of financial compensation for certain economic losses arising from animal and plant diseases.
Amendment 228 #
2008/0103(CNS)
Proposal for a regulation
Recital 36
Recital 36
(36) The de-coupling of direct support and the introduction of the single payment scheme were essential elements in the process of reforming the common agricultural policy. However several reasons called in 2003 for maintaining specific support for a number of crops. Experience gained through the implementation of Regulation (EC) No 1782/2003 together with the evolution of the market situation indicates that schemes that were kept outside the single payment scheme in 2003 can now be integrated into that scheme to promote a more market-oriented and sustainable agriculture. This is the case in particular for the olive oil sector, where only marginal coupling was applied. It is also the case for the durum wheat, protein crops, rice, potato starch, and nuts payments, where the decreasing effectiveness of remaining coupled payments, supports the decoupling option. In the case of flax it is also appropriate to abolish the support for processing and to integrate the relevant amounts into the single payment scheme. As regards rice, dried fodder, potato starch and flax a transitional period should be provided for in order to ensure their shift to decoupled support to be as smooth as possible. As regards nuts, Member States should be allowed to continue to pay the national part of the aid in a coupled way in order to cushion the effects of decouplingould now, at Member States' discretion, be integrated into that scheme to promote a more market-oriented and sustainable agriculture.
Amendment 232 #
2008/0103(CNS)
Proposal for a regulation
Recital 37
Recital 37
(37) As a consequence of the possible integration of new schemes into the single payment scheme, provision should be made for the calculation of the new level of individual income support under that scheme. In the case of nuts, potato starch, flax and dried fodder, such increase should be granted on the basis of the support farmers received in most recent years. However, in the case of the integration of payments that were so far partially excluded from the single payment scheme, Member states should be given the option to use the original reference periods.
Amendment 237 #
2008/0103(CNS)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) Attention should be drawn to the situation as regards support for tobacco producers, a sector in which experience shows that it is advisable to extend coupled support until 2013 in order to avoid serious socio-economic repercussions in certain regions and better prepare producers for the transition to the new scheme.
Amendment 399 #
2008/0103(CNS)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 401 #
2008/0103(CNS)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. A Member State may decide that the aid application needs to contain only changes with respect to the aid application submitted the previous year. A Member State shall distribute pre-printed forms based on the areas determined in the previous year and supply graphic material indicating the location of those areas and, where appropriate, the positioning of olive trees.
Amendment 413 #
2008/0103(CNS)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2
Article 25 – paragraph 3 – subparagraph 2
Where a Member State decides to make use of the option provided for in the first subparagraph, in the following year the competent authority shall take the actions required to ensure thatinform the farmer remediesof the findings of non-compliance concerned. The finding and the remedial action to be taken shall be notified to the farme, and the farmer shall in turn notify the actions taken to remedy the problem. For the purposes of monitoring the measures taken by the farmer, the competent authority shall take these farms into account when carrying out the risk analysis for on-the-spot-checks in the following year.
Amendment 420 #
2008/0103(CNS)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – introductory part
Article 30 – paragraph 1 – subparagraph 1 – introductory part
1. Member States shallmay decide not to grant direct payments to a farmer in one of the following cases:
Amendment 429 #
2008/0103(CNS)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point (a)
Article 30 – paragraph 1 – subparagraph 1 – point (a)
(a) where the total amount of direct payments claimed or due to be granted in a given calendar year does not exceed an amount set by the Member State that may not exceed EUR 2500, or
Amendment 437 #
2008/0103(CNS)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point (b)
Article 30 – paragraph 1 – subparagraph 1 – point (b)
(b) where the eligible area of the holding for which direct payments are claimed or due to be granted does not exceed onean area set by the Member State that may not exceed two hectares. However, Cyprus may set a minimum eligible area of 0.3 hectares and Malta of 0.1 hectares.
Amendment 458 #
2008/0103(CNS)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point (a)
Article 35 – paragraph 2 – subparagraph 1 – point (a)
(a) any agricultural area of the holding, including the areas planted with short rotation coppice (CN code ex 0602 90 41), that is used for an agricultural activity or, in case areas are used as well for non agricultural activities, predominantly used for agricultural activities. The Commission, in accordance with the procedure referred to in Article 128(2) of this Regulation, shall lay down detailed rules on the use for non agricultural activities to be allowed on eligible hectares.
Amendment 474 #
2008/0103(CNS)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. In case of a transfer of the special entitlements, the transferee shall not benefit from the derogation of paragraph 2 except in case of inheritance or anticipated inheritance or where he does not have the area necessary to activate them.
Amendment 511 #
2008/0103(CNS)
Proposal for a regulation
Article 55 – paragraph 1 - subparagraph 1
Article 55 – paragraph 1 - subparagraph 1
1. Member States that in accordance with Article 68(2)(a)(i) of Regulation (EC) No 1782/2003 retained all or part of the component of national ceilings referred to in Article 41 of this Regulation corresponding to the suckler cow premium or the special premium referred to in Annex VI to Regulation (EC) No 1782/2003 shall make, on a yearly basis, an additional payment to farmers.
Amendment 523 #
2008/0103(CNS)
Proposal for a regulation
Article 64 – subparagraph -1 (new)
Article 64 – subparagraph -1 (new)
As from 2010, Member States which so decide may decouple the specific aid for producers of rice, protein crops, dried fodder and nuts.
Amendment 524 #
2008/0103(CNS)
Proposal for a regulation
Article 64
Article 64
Member States shallmay integrate as from 2010 the support available under coupled support schemes referred to in points I, II, and III of Annex X into the single payment scheme in accordance with the rules laid down in this chapter.
Amendment 534 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 1 – introductory part
Article 68 – paragraph 1 – introductory part
1. Member States may decide by 1 August 2009 at the latest to use from 2010 up to 120% of their national ceilings referred to in Article 41 to grant support to farmers:
Amendment 546 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 1 – introductory part
Article 68 – paragraph 1 – introductory part
1. Member States may decide by 1 August 2009 at the latest to use from 2010 up to 10% of their national ceilings referred to in Article 41 corresponding to each of the sectors covered in Annex VI to Regulation No 1782/2003 to grant support to farmers:
Amendment 560 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 1 – point a a (new)
Article 68 – paragraph 1 – point a a (new)
(aa) for distributing, among farmers in the same sector, the funds gained through a linear reduction in aid applied within that same sector.
Amendment 566 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 1 – point b
Article 68 – paragraph 1 – point b
(b) to address specific disadvantages affecting farmers in the dairy, beef, sheep and goatmeat and riceother sectors in economically vulnerable or environmentally sensitive areasreferred to in Title IV of this Regulation, as the Member States deem appropriate,
Amendment 576 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 1 – point d
Article 68 – paragraph 1 – point d
(d) in the form of contributions to cropagricultural insurance premiums in accordance with the conditions set out in Article 6927a (new) of Council Regulation (EC) No (...) amending Regulations (EC) No 320/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No [...]/2008 adapting the common agricultural policy,
Amendment 579 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 1 – point e
Article 68 – paragraph 1 – point e
(e) mutual funds for animal and plant diseases in accordance with the conditions set outlaid down in Article 7027a (new) of Council Regulation (EC) No (...) amending Regulations (EC) No 320/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No [...]/2008 adapting the common agricultural policy.
Amendment 584 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
Amendment 595 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 3 – point a
Article 68 – paragraph 3 – point a
Amendment 605 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 4
Article 68 – paragraph 4
4. Support under the measures referred to in paragraph 1(a), (b) and (e) shall be limited to 2.510% of the national ceilings referred to in Article 41 Member States may set sub-limits per measure.
Amendment 611 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 5 – point a
Article 68 – paragraph 5 – point a
(a) in paragraph 1(a), (b) and (d) shall take the form of annual additional payments,
Amendment 614 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 5 – point b
Article 68 – paragraph 5 – point b
Amendment 616 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 5 – point d
Article 68 – paragraph 5 – point d
(d) in paragraph 1(e) shall take the form of compensation payments as specified in Article 70. 27a (new) of Council Regulation (EC) No (...) amending Regulations (EC) No 320/2006, (EC) No 1234/2007 and (EC) No [...]/2008 adapting the common agricultural policy.
Amendment 621 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 8 − introductory part
Article 68 – paragraph 8 − introductory part
8. Member States shall raisecollect the funds needed to cover the support referred to:
Amendment 622 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 8 – point a
Article 68 – paragraph 8 – point a
(a) in paragraph 1(a), (b), (c) and (d): (i) by proceeding to linear reduction of the entitlements allocated to farmers and/or, (ii) by reducing the national ceilings corresponding to sectors with coupled payments, (iii) from the funds provided for in Article 9(4), (iv) from the national reserve, .
Amendment 623 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 8 – point b
Article 68 – paragraph 8 – point b
(b) in paragraph 1(e) by proceeding, if necessary, to linear reduction of one or several of the payments to be made to the beneficiaries of the relevant payments in accordance with this title and within the limits set out in paragraphs 1 and 3the amounts referred to in point (a)(i) and (ii) of this paragraph.
Amendment 624 #
2008/0103(CNS)
Proposal for a regulation
Article 68 – paragraph 8 – point b a (new)
Article 68 – paragraph 8 – point b a (new)
(ba) Where a Member State has made retentions in accordance with Article 69 of Regulation (EC) No 1782/2003, it may continue to use those funds for the sectors in which it applied in accordance with the criteria laid down in paragraph 1(a) of this article.
Amendment 688 #
2008/0103(CNS)
Amendment 742 #
2008/0103(CNS)
Proposal for a regulation
Annex I – line 5 – column 2
Annex I – line 5 – column 2
Title IV, Chapter 4 of Regulation (EC) No 1782/20031, Section 1a of this Regulation
Amendment 768 #
2008/0103(CNS)
Proposal for a regulation
Annex X –part I – indent 2
Annex X –part I – indent 2
Amendment 769 #
2008/0103(CNS)
Proposal for a regulation
Annex X – part I – indent 3
Annex X – part I – indent 3
Amendment 773 #
2008/0103(CNS)
Proposal for a regulation
Annex X – part I – indent 4
Annex X – part I – indent 4
Amendment 777 #
2008/0103(CNS)
Proposal for a regulation
Annex X – part I – indent 5
Annex X – part I – indent 5
Amendment 783 #
2008/0103(CNS)
Proposal for a regulation
Annex X – part I a (new)
Annex X – part I a (new)
Ia From 2010, where a Member State does not take the decision referred to in Article 64(1) (new) of this Regulation: - the protein crop premium provided for in Chapter 2 of Title IV of Regulation (EC) No 1782/2003; - the crop specific payment for rice provided for in Chapter III of Title IV of Regulation (EC) No 1782/2003 and Section 1 of Chapter 1 of Title IV of this Regulation, in accordance with the time schedule provided for in Article 72(2) of this Regulation; - the area payment for nuts provided for in Chapter 4 of Title IV of Regulation (EC) No 1782/2003; - the aid for processing dried fodder provided for in Subsection I of Section I of Chapter IV of Title I of Part II of Regulation (EC) No 1234/2007;
Amendment 788 #
Amendment 6 #
2007/0229(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Third-country nationals who work in the territory of a Member State should enjoy equal treatment as regards social security. Branches of social security are defined in the Council Regulation (EEC) No 1408/71 of 14 June 1971883/2004 onf the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality extends the provisions of Regulation (EEC) No 1408/71 to third country nationals who are legally residing in the European Union and who are in a cross-border situation. The provisions on equal treatment concerning social security in this Directive also apply to persons coming to a Member State directly from a third country. Nevertheless, this Directive should not confer more rights than those already provided in existing Community legislation in the field of social security for third-country nationals who have cross-border elements between Member StatesEuropean Parliament and of the Council of 29 April 2004 on the coordination of social security systems. The provisions on equal treatment concerning social security in this Directive also apply to persons coming to a Member State directly from a third country.
Amendment 8 #
2007/0229(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for the legislation of each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.
Amendment 11 #
2007/0229(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Member States should ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly of the United Nations on 18 December 1990.
Amendment 13 #
2007/0229(COD)
Proposal for a directive
Article 2 – point (b)
Article 2 – point (b)
(b) "third-country worker" means, without prejudice to the interpretation of the concept of employment relationship in other Union legislation, any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work legallyunder national law or in accordance with national practice in that Member State;
Amendment 17 #
2007/0229(COD)
Proposal for a directive
Article 3 – paragraph 2 – point (b)
Article 3 – paragraph 2 – point (b)
(b) covered by Directive 96/71/EC as long as they are posted and shall not affect the Member States' responsibility for the access and admission of third-country nationals to their labour markets;
Amendment 24 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 1 – point (a)
Article 12 – paragraph 1 – point (a)
(a) working conditions, including pay and dismissal as well as health and safety at the workplace, working time, leave taking into account collective agreements;
Amendment 25 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 1 – point (e)
Article 12 – paragraph 1 – point (e)
(e) branches of social security, as defined in Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. Regulation (EEC) No 859/2003, extending the provisions of Regulation (EEC) No 1408/71 and its implementing Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality shall apply accordingly883/2004 of the European Parliament and of the Council;
Amendment 27 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 1 – point (g)
Article 12 – paragraph 1 – point (g)
(g) tax benefits, in so far as the worker is deemed to be resident for tax purposes in the Member State concerned;
Amendment 29 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 1 – point (h)
Article 12 – paragraph 1 – point (h)
(h) access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing and the assistance and advice services afforded by employment offices as provided by national law.
Amendment 38 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 2 – point (d)
Article 12 – paragraph 2 – point (d)
Amendment 38 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Third-country workers moving to a third-country, or the survivors of such a worker residing in third-countries as they derive their rights from the worker, shall receive, in case of old-age, invalidity and death, statutory pensions based on the worker's previous employment and acquired in accordance with the legislation defined in Article 3 of Council Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third- country. Member States can make the application of this provision conditional to the existence of bilateral agreements in which the reciprocal export of pensions is acknowledged and a technical cooperation established.
Amendment 44 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 2 – point (e)
Article 12 – paragraph 2 – point (e)
(e) by restricting the rights conferred under paragraphs 1(e) to third-country workers who are in employment except for unemployment benefitsmaking use of residence criteria (for the residence-based benefits, but not employment-related benefits) if the residence permit is issued for the purposes other than work but the residence permit allows working.
Amendment 52 #
2007/0229(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. This Directive shall apply without prejudice to the rights and principles contained in the European Social Charter of 18 October 1961 and the European Convention on the legal status of migrant workers of 24 November 1977.