60 Amendments of Luigi COCILOVO
Amendment 3 #
2008/2246(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Member States have transposed Directive 2002/14/EC unevenly and, in some cases, in a minimalist manner, 1 OJ C 364, 18.12.2000, p.1. 2 OJ C 364, 18.12.2000, p.1.
Amendment 8 #
2008/2246(INI)
Motion for a resolution
Heading 1
Heading 1
Implementing and improving the measures for transposition 1 OJ L 254, 30.9.1994, p. 64. of Directive 2002/14/EC
Amendment 12 #
2008/2246(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Regrets that some Member States have not taken ‘atypical’ employees (part-time workers and workers on fixed-term contracts, temporary workers, trainees, apprentices and workers in assisted employment), into account in their measures for the transposition of Directive 2002/14/EC, and calls on them to do so;
Amendment 23 #
2008/2246(INI)
Motion for a resolution
Paragraph 3 – point (e)
Paragraph 3 – point (e)
(e) incorporate the requirement imposed on the social partners and on the employerensure full compliance with the requirements laid down in Article 4(4)(e) of Directive 2002/14/EC, to consult as regards information and consultation rights and with a view to reachseeking an agreement on decisions likely to lead to substantial changes in work organisationwithin the meaning of paragraph 4(e) of that article;
Amendment 31 #
2008/2246(INI)
Motion for a resolution
Heading 2
Heading 2
Amendment 33 #
2008/2246(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 36 #
2008/2246(INI)
Motion for a resolution
Paragraph 8 - introductory part
Paragraph 8 - introductory part
Amendment 37 #
2008/2246(INI)
Motion for a resolution
Paragraph 8 – point (a)
Paragraph 8 – point (a)
(a) make available to Member States a non-exhaustive listConsiders that a range of possible sanctions theyat Member States could take against employers who fail to comply with the right of employees to be informed and consulted as set out in Directive 2002/14/EC needs to be identified and made available to Member States,
Amendment 39 #
2008/2246(INI)
Motion for a resolution
Paragraph 8 – point (b)
Paragraph 8 – point (b)
(b) makeConsiders that the transposition measures adopted by the Member States must ensure that the right of employees’ representatives to be informed and consulted remains an automatic right and not a right ‘on demand’, so as so avoid procedural difficulties in implementing this right, in line with the correct interpretation of Directive 2002/14/EC,
Amendment 42 #
2008/2246(INI)
Motion for a resolution
Paragraph 8 – point (c)
Paragraph 8 – point (c)
Amendment 44 #
2008/2246(INI)
Motion for a resolution
Paragraph 8 – point (d)
Paragraph 8 – point (d)
(d) revokeWelcomes the Commission’s initiative, in its communication on 'reassessing the regulatory social framework for more and better seafaring jobs in the EU’ (COM(2007)591), of addressing Directive 2002/14/EC and reviewing the possibility of derogating from the application of Directive 2002/14/EC made available by Article 3(3) thereof;
Amendment 45 #
2008/2246(INI)
Motion for a resolution
Paragraph 8 – point (d)
Paragraph 8 – point (d)
(d) revokeWelcomes the Commission’s initiative, in its communication on 'reassessing the regulatory social framework for more and better seafaring jobs in the EU’ (COM(2007)591), of addressing Directive 2002/14/EC, and accordingly calls on it to review the possibility of derogating from the application of Directive 2002/14/EC made available by Article 3(3) thereof;
Amendment 62 #
2008/2246(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that the action taken by the Commission towards this end, in close cooperation with the national authorities of the Member States concerned and the social partners, should shed further light on and resolve the problems identified in connection with interpretation of the directive or the conformity of transposition measures;
Amendment 65 #
2008/2246(INI)
Motion for a resolution
Heading 4
Heading 4
Amendment 67 #
2008/2246(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 73 #
2008/2246(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to propose coordinated amendments tolook into the need for coordination of Directives 94/45/EC, 98/59/EC, 2001/23/EC, 2001/86/EC, 2002/14/EC, 2003/72/EC and Regulation (EC) No 2157/2001, in order to establish whether amendments are required to remove any overlapping or contradictions;
Amendment 13 #
2008/2085(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, according to the preamble of the PWD, the promotion of the transnational provision of services requires a climate of fair competition and measures guaranteeing respect for the rights of workers in full keeping with the reference framework of labour law and industrial relations in the Member States,
Amendment 15 #
2008/2085(INI)
Motion for a resolution
Recital D
Recital D
Amendment 33 #
2008/2085(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Albany judgement (C- 67/96) in the field of competition law gave substantial and large space for trade unions to regulate labour market issues; in fact, at that time the ECJ rejected the direct horizontal effect for competition rules on collective bargaining,
Amendment 38 #
2008/2085(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the ECJ in both the Laval and Rüffert cases made a completely differadopted case-specific judgments interpretation of European legislation than the advocate general the Laval, Rüffert and Viking cases,
Amendment 47 #
2008/2085(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the ECJ in both the Laval and Rüffert cases has made a narrowose judgments have shown there to be possible ambiguities and inadequacies in the combined provisions of the European regulations in force, owing partly to interpretations of the possibilities for trade uniose regulations which often differ from the ones to demand better conditions for posted workersmade by the advocate general,
Amendment 52 #
2008/2085(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the ECJ in the Rüffert case has significantly diminished the scope for Member States to regulate their collective bargaining and also narrows down the purpose of the PWD, neglecting the PWD’s two fold aim – protection of workers and free movemenserious consequences are liable to arise in relation to the following issues, in respect of which pointers should be established: - reduction in trade unions’ scope to demand better working conditions for posted workers than those applied in the country of origin, - significant reduction in the prerogative of Member States to regulate their collective bargaining, - limitation of the scope and legal basis of the PWD, which should continue to relate to two fold guarantee of the safeguarding of workers and free movement, - introduction of the 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,
Amendment 60 #
2008/2085(INI)
Motion for a resolution
Recital O
Recital O
Amendment 125 #
2008/2085(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the importance of not allowing the verdicts to negatively eaffecting labour market models that already today are able to combine a high degree of flexibility on the labour market with a high level of security and, instead, of further promoting this approach;
Amendment 130 #
Amendment 140 #
2008/2085(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that the intention of the legislator in the PWD and Services Directive is not reflected in the ECJ verdicts,incompatible with interpretations which, instead of protecting workers, is invitinge unfair competition between companies; companies that sign and follow collective agreements will have a competitive disadvantage to companies that refuse to do so;
Amendment 163 #
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 171 #
2008/2085(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the PWD as implicitly interpreted byin the ECJjudgments would prevent demands for equal pay for work for all workers regardless of their nationality or that of their employer in the place where the service is provided; this runs counter to the principle of non-discrimination which is established in the Treaty especially with regard to the mobility of workers;
Amendment 181 #
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 determinescertain interpretative guidelines suggest 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 200 #
2008/2085(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is of the opinion that the limited legal basis of free movement of the PWD has led the ECJ tomay lead to the PWD being interpret the PWDed in this way, creating an explicit invitation to unfair competition on wages and working conditions driving them downwards, which is in clear contradiction to the stated aim of the PWD (to ensure a climate of fair competition) and the objective of the EU as established in the Treaty (improvement of living and working conditions); therefore, the legal basis of the PWD must be broadened to include a reference to the free movement of workers;
Amendment 202 #
2008/2085(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 218 #
2008/2085(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets that the ECJeven judicial rulings fails to take into sufficient consideration ILO cConvention 94, and fears that the ECJ judgement in Rüffert may impede the ratification of ILO 94; this would be counter to the further development of social clauses in public procurement regulations, which is an aim of the Public procurement directive 2004;
Amendment 225 #
2008/2085(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Regrets that the ECJ fails to recognise ILO conventions 87 and 98 are not being recognised; restrictions on the right to industrial action and fundamental rights can only be motivated with respect to health, public order and similar concerns;
Amendment 239 #
2008/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the ECJ has interpreted EU legislation in a waycurrent EU legislation has lent itself to interpretations that wasere not the intention of the legislators; calls on the Commission, the Council and the EP to take immediate action to ensure, via the necessary changes in EU legislation, to change the new practise of the ECJhat it is impossible for those conflicting interpretations to be made;
Amendment 248 #
2008/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 51 #
2008/0267(COD)
Proposal for a regulation – amending act
Article 1a (new)
Article 1a (new)
Article 1a The economic support referred to in this Regulation may not, under any circumstances, be considered a substitute for measures already provided for in, and chargeable to, the budgets of Member States and their official agencies at the time of entry into force of this Regulation; it may be regarded solely as an additional resource to aid workers made redundant as a result of structural changes in world trade patterns brought about by globalisation.
Amendment 205 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States mayshall maintain or introduce tolls and/or user charges on their road network or on certain sections of that trans-European road network under the conditions laid down in paragraphs 2, 3 and 4 of this aArticle and in Articles 7a to 7j, without prejudice to Article 9(1a).
Amendment 338 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7i – paragraph 4
Article 7i – paragraph 4
4. An external cost charge shall be levied and collected by means of an electronic system which complies with the requirements of Article 2(1) of Directive 2004/52/EC and which can subsequently be extended to other road sections without the need for roadside barriers which imply significant additional roadside investment.
Amendment 342 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7i – paragraph 5
Article 7i – paragraph 5
Amendment 45 #
2008/0062(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The types of road traffic offences to be covered by this system should reflect their seriousness in terms of endangering road safety and should cover offences which are qualified as traffic offences in the laws of all Member States. It is accordingly appropriate to make provision in relation to speeding, drink-driving, non-use of a seat- belt, and failing to stop at a red traffic light. The Commission will continue to monitor developments across the EU in respect of other road traffic offences with serious implications for road safety and if appropriate will consider proposing a revision of theis Directive in order to cover them withregarding the possibility of extending its scope, such as driving under the influence of drugs, use of mobile phones while driving and uninsured driving to include any other categories of offences.
Amendment 72 #
2008/0062(COD)
Proposal for a directive
Article 2 – point a a (new)
Article 2 – point a a (new)
(aa) “offender” means the driver of the vehicle charged with the offence;
Amendment 105 #
2008/0062(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The offence notification shall contain a description of the relevant details of the offence concerned and the amount of the financial penalty that the offender or, if the identity of the offender is impossible to establish, the holder is required to pay, the possibilities for the holder to contesting the grounds for the offence notification and tofor appealing against a decision imposing a financial penalty, the option of giving the name, address, and date and place of birth of the offender, and the procedure to be followed in case of dispute or appeal.
Amendment 110 #
2008/0062(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The offence notification shall inform the holder that he must complete a reply form if he does not intend to pay the penalty or if he gives the name, address, and date and place of birth of the offender.
Amendment 44 #
2007/0300(CNS)
Proposal for a decision
Annex – paragraph 1 – indent 3
Annex – paragraph 1 – indent 3
– Strengthening social and territorial cohesion: Determined action is needed to strengthen and reinforce social inclusion, fight poverty – especially child poverty –, prevent exclusion from the labour market, support integration in employment of people at a disadvantage, and to reduce regional disparities in terms of employment, unemployment and labour productivity, especially in regions lagging behind, by promoting a policy of territorial justice in terms of wages and fairer distribution of income. Strengthened interaction is needed with the Open Method of Coordination in Social Protection and Social Inclusion.
Amendment 45 #
2007/0300(CNS)
Proposal for a decision
Annex – paragraph 2
Annex – paragraph 2
Equal opportunities and combating discrimination are essential for progress. Gender mainstreaming and the promotion of gender equality should be ensured in all action taken. Particular attention must also be paid to significantly reducing all gender -related gaps in the labour market, focusing especially on unequal pay, in line with the European Pact for Gender Equality. This will assist Member States in addressing the demographic challenge. As part of a new intergenerational approach, particular attention should be paid to the situation of young people, implementing the European Youth Pact, and to promoting access to employment throughout working life. Particular attention must also be paid to significantly reducing employment gaps for people at a disadvantage, including disabled people, as well as between third- country nationals and EU citizens, in line with any national targets.
Amendment 66 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 1 – paragraph 1
Annex – Section 1 – paragraph 1
Raising employment levels is the most effective means of generating economic growth and promoting socially inclusive economies whilst ensuring a safety net for those unable to work and providing incentives for companies by financing their additional costs so as to enable them to compete on equal terms with their market rivals. Promoting a life cycle approach to work and modernising social protection systems to ensure their adequacy, financial sustainability and responsiveness to changing needs in society are all the more necessary because of the expected decline in the working-age population. Special attention should be paid to tackling the persistent employment gaps between women and men, further increasing the employment rates of older workers and young people, as part of the new intergenerational approach, and theo promoting active inclusion of those most excluded from the labour market. Intensified action is also required to improve the situation of young people in the labour market and to significantly reduce youth unemployment, which is on average double the overall unemployment rate.
Amendment 68 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 1 – paragraph 2
Annex – Section 1 – paragraph 2
The right conditions must be put in place, not least through the necessary development of human capital and the social working environment, to facilitate progress in employment, whether it is first -time entry, a move back to employment after a break or the wish to prolong working lives. The quality of jobs, including pay and benefits, working conditions, access to lifelong learning and career prospects, are crucial for a flexicurity approach, as are support and incentives stemming from social protection systems. To enhance a life cycle approach to work and to promote reconciliation between work and family life policies towards childcare provisions are necessary. Securing coverage of at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age by 2010 is a useful benchmarks. The increase in the average employment rate of parents, especially single parents, requires measures to support families. In particular, Member States should take account of the special needs of single parents and families with many children. Furthermore to prolong working lives, the effective average exit age from the labour market by 2010 would require a five -year increase at EU level (compared to 59.9 in 2001). Member States should also enact measures for health protection, for prevention and for the promotion of healthy lifestyles with the goal of reducing sickness burdens, increasing labour productivity and prolonging working life.
Amendment 70 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 1 – paragraph 2
Annex – Section 1 – paragraph 2
The right conditions must be put in place to facilitate progress in employment, whether it is first time entry, a move back to employment after a break or the wish to prolong working lives. The quality of jobs, including pay and benefits, working conditions access to lifelong learning and career prospects, are crucial for a flexicurity approach, as are support and incentives stemming from social protection systems. To enhance a life cycle approach to work and to promote reconciliation betweena better combination of work and family life policies towards childcare provisions are necessary. Securing coverage of at least 90% of children between 3 years old and the mandatory school age and at least 33% of children under 3 years of age by 2010 is a useful benchmarks. The increase in the average employment rate of parents, especially single parentsHowever, particular efforts must be made in response to regional differences within the countries giving special attention to less-favoured mountain and remote areas and islands. The increase in the average employment rate of parents, especially single parents, and those with many children and with other dependent family members, who are generally at greater risk of poverty, requires measures to support families. In particular, Member States should take account of the special needs of single parents and families with many children. Furthermore to prolong working lives, the effective average exit age from the labour market by 2010 would require a five year increase at EU level (compared to 59.9 in 2001). Member States should also enact measures for health protection, for prevention and for the promotion of healthy lifestyles with the goal of reducing sickness burdens, increasing labour productivity and prolonging working life.
Amendment 71 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 1 – paragraph 3
Annex – Section 1 – paragraph 3
The implementation of the European Youth Pact, the European Gender Equality Agreement and the European Alliance for Families should also be a contribution to a lifecycle approach to work in particular by facilitating transition from education to the labour market. Individual measures should be taken to provide young people who have had fewer opportunities with an equal chance of social and vocational integration.
Amendment 75 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 1 – Guideline 18 – indent 1 a (new)
Annex – Section 1 – Guideline 18 – indent 1 a (new)
- measures to enable persons who lose their job later in life to get back to work, and action to eradicate age-based discrimination, aimed in particular at the over-40s and including forms of self- employment and self-organisation;
Amendment 87 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 1 – paragraph following Guideline 18
Annex – Section 1 – paragraph following Guideline 18
Active inclusion policies can increase labour supply and strengthen society’s cohesiveness and are a powerful means of promoting the social and labour market integration of the most disadvantaged. Every person becoming unemployed must be offered a new start in a reasonable period of time. In the case of young people this period should be short, e.g. at most 4 months by 2010; for adult people at most 12 months. Policies aiming at offering active labour market measures to the long- term unemployed should be pursued, taking into consideration the participation rate benchmark of 25 % in 2010. Activation should be in the form of training, retraining, work practice, a job or other employability measure, combined where appropriate with on-going job search assistance. Facilitating access to employment for job seekers, preventing unemployment and ensuring that those who become unemployed remain closely connected to the labour market and employable are essential to increase participation, and combat social exclusion. This is also in line with a flexicurity approach. Attaining these objectives requires removing barriers to the labour market by assisting with effective job searching, facilitating access to training and other active labour market measures, ensuring affordable access to basic services and providing adequate levels of minimum resources to all. This approach should, at the same time, ensure that work pays for all workers, as well as removeing unemployment, poverty and inactivity traps. Special attention should be paid to promoting the inclusion of disadvantaged people, including low-skilled workers, in the labour market, including through the expansion of social services and the social economy, as well as the development of new sources of jobs in response to collective needs. Combating discrimination, promoting access to employment for disabled people and integrating immigrants and minorities are particularly essential; and best practice on the ground, the experience of social cooperatives, and all forms of corporate social responsibility should be turned to account to achieve those ends.
Amendment 97 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 1 – Guideline 20 – indent 2 a (new)
Annex – Section 1 – Guideline 20 – indent 2 a (new)
- promoting stakeholder partnership models to enhance the local and regional potential to be tapped in local entities, employing open, participatory forms of organisation,
Amendment 143 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – paragraph following Guideline 21
Annex – Section 2 – paragraph following Guideline 21
To maximise job creation, preserve competitiveness and contribute to the general economic framework, overall wage developments should be in line with productivity growth over the economic cycle and should reflect the labour market situation. The gender pay gap should be reduced. Particular attention should be given, with a view to narrowing the pay gap between the sexes, to the low level of wages in professions and sectors which tend to be dominated by women and to the reasons which lead to reduced earnings in professions and sectors in which women become more prominent. Efforts to reduce non-wage labour costs and to review the tax wedge may also be needed to facilitate job creation, especially for low-wage employment.
Amendment 147 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 22 – indent 1
Annex – Section 2 – Guideline 22 – indent 1
- encouraging social partners within their own areas of responsibility to set the right framework for wage bargaining in order to reflect productivity and labour market challenges at all relevant levels and to avoid gender pay gaps, taking into account the relationship between real wage and prices,
Amendment 159 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 3 – Guideline 24 – indent 1 a (new)
Annex – Section 3 – Guideline 24 – indent 1 a (new)
- enabling educational techniques and teaching content to be passed on through succeeding generations of teachers,
Amendment 92 #
2007/0243(COD)
Proposal for a regulation
Article 10 - paragraph 1
Article 10 - paragraph 1
1. A parentticipating carrier may not discriminate against a competing CRS by refusing to provideaccess to the latter, on request and with equalivalent timeliness, withto the same data on schedules, fares and availability relating to its own transport products as that which it provides to its ownanother distribution channel, including another CRS, or to distribute its transport products through another CRS, or by refusing to accept or to confirm with equalivalent timeliness a reservation made through a competing CRS for any of its transport products which are distributed through its own CRS. The parentavailable to the public. The participating carrier shall be obliged to accept and to confirm only those bookings which are in conformity with its fares and conditions.
Amendment 99 #
2007/0243(COD)
Proposal for a regulation
Article 10 - paragraph 2
Article 10 - paragraph 2
2. The parentticipating carrier shall not be obliged to accept any costs in this connection except for reproduction of the data to be provided and for accepted bookings. The booking fee payable to a CRS for an accepted booking from a parent carrier made in accordance with paragraph 1 shall not exceedcorrespond to the fee charged by the same CRS or by its own CRS to other participating carriers for an equivalent transaction.
Amendment 102 #
2007/0243(COD)
Proposal for a regulation
Article 10 - paragraph 3
Article 10 - paragraph 3
3. A parentticipating carrier shall neither directly nor indirectly link the use of any specific CRS by a subscriber with the receipt of any commission or other incentive or disincentivedisincentives compared to the use of another distribution channel, including another CRS, for the sale of its transport products.
Amendment 111 #
2007/0243(COD)
Proposal for a regulation
Article 10 - paragraph 4 a (new)
Article 10 - paragraph 4 a (new)
4a. A participating carrier shall neither directly nor indirectly link the use of any distribution channel, including another CRS, with any incentive compared to the use of a CRS, for the sale of its transport products.
Amendment 113 #
2007/0243(COD)
Proposal for a regulation
Article 10 - paragraph 4
Article 10 - paragraph 4