1219 Amendments of Mary HONEYBALL
Amendment 88 #
2018/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on all Member States to shift from joint taxation to individual taxation; believes that until tax systems are no longer based on the assumption that households pool and share their funds equally, tax fairness for women will not be achieveUnderlines the negative consequences on incentivising women’s employment, their economic independence and the high gender pension gap resulting from joint taxation; recognises the commitment to men and women being equal earners and equal carers; suggests as a consequence that individual taxation could aid women regain and retain economic independence; calls on Member States to implement an individual taxation system alongside a household taxation system, offering the possibility of switching to an individual taxation system to each household by simple request of one member of the household;
Amendment 110 #
2018/2095(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to introduce tax credits for work-related childcare costs in order to reduce the obstacles of taking up paid employment for women and contribute to a more equal sharing of paid and unpaid work within households;
Amendment 145 #
2018/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets that femmenstruale hygienic productse and care products and services for children or older people are stillre not considered as basic products in all Member States; calls on all Member States to eliminate the so-called ‘care and tampon tax’ by making use of the flexibility introduced in the VAT Directive and applying exemptions or 0 % VAT rates to these essential basic goonsiders that period poverty is an ongoing issue in the EU where it is estimated by Plan International UK that 1/10 girls cannot afford sanitary products and that in2017 in the UK, 49% of girls missed at least one full day of school due to their periods;
Amendment 148 #
2018/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes thCalls on all Member States to eliminate tax evasion and tax avoidance are major contributors to gender inequality in the Union and globally as they limit the resources available to governments to increase equality at national and international he so-called ‘care and tampon tax’ by making use of the flexibility introduced in the VAT Directive and applying exemptions or 0 % VAT rates to these essential basic goods; recognises that a reduction in price due to exemption of VAT on these products would have immeasurable benefit for young women; recognises that this would be a further step towards making sanitary products free in schools, universities and homeless shelters, and for women from low-income backgrounds, with the aim of eradicating period poverty complevtel17 ; y across the EU; __________________ 17 UN ‘Final study on illicit financial flows, human rights and the 2030 Agenda for Sustainable Development’ of the Independent Expert on the effects of foreign debt and other related international financial obligations of states on the full enjoyment of all human rights, particularly economic, social and cultural rights, 2016.
Amendment 162 #
2018/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission and the Member States to carry out gender impact assessments of fiscal policies before and after implementation, focusing on multiplier effect and implicit bias;
Amendment 187 #
2018/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Underlines that further research and better collection of gender-disaggregated data are required as regards gender- differentiated distributional and allocative effects of the taxation system; in particular, calls on the Member States to collect tax data on an individual basis and not only on a household basis, and to close the gender data gaps on consumption patterns and the use of reduced rates, on the distribution of entrepreneurial income and related tax payments and on the distribution of net wealth, capital incomes and related tax payments;
Amendment 188 #
2018/0190(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Women are very present in the artistic and cultural field in Europe as authors, professionals, teachers, and as a growing and often predominant share of the cultural public. However, as evidenced by researches and studies such as the European Women´s Audiovisual Network for film directors and by the We Must project in the music field, they have less access to the possibility of realizing their works and having decision-making roles in cultural, artistic and creative institutions. Therefore, it is necessary to promote female talents, to circulate their works, to support women's artistic careers and to create a network of their experiences and best practices;
Amendment 67 #
2018/0112(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of whetheir name or form, are not individually negotiated by the parties to them. Whether or not terms and conthe provider of an online intermediations wer service iandividually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive a business user are parties to an agreement that they individually negotiated.
Amendment 89 #
2018/0112(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. Such a provider will have an economic incentive and the ability to use its control over the online intermediation service to provide technical or economic advantages to its own offerings, or those offered through a business user which it controls, that it denies to competing business users. When a provider of online intermediation services exercises this ability, its conduct deprives such competing business users of equality of opportunity and can lead to consumer harm by reducing their choices, increasing their costs, and withholding critical information from them. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.
Amendment 94 #
2018/0112(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) For purposes of this Regulation, a provider’s service competes with those of its other business users if it is regarded as interchangeable or substitutable by consumers of the online intermediation service, including by reason of the characteristics, prices, or intended uses of the services.
Amendment 95 #
2018/0112(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) In certain cases, the asymmetry in bargaining power between online intermediation services and other business users results in a significant imbalance in the parties’ rights and obligations under the applicable contract, causing harm to the business user. In such cases, the provider of online intermediation service must apply fair treatment to the business user, in such a way that they do not materially impair other business users’ ability and freedom to do business. Given the high likelihood of harm to consumers inherent in situations where a provider of online intermediation services competes with other business users, including by reducing the consumers’ choices, increasing their costs, and withholding critical information from them, the obligation to provide fair treatment shall include ensuring that consumers who access services through the online intermediation service have the right and ability to select and use the services of their choice, without facing any undue burdens, such as where the provider ignores or overrides consumers’ choices of default settings. A provider of online intermediation services also fails to provide fair treatment where it does not afford competing business users with all information necessary for them to achieve the same level and quality of interoperability with the online intermediation service, and any ancillary services, as are available to the provider itself, and where it implements practices that directly or indirectly provide technical or economic advantages to its own offerings that it denies to competing business users. Fair treatment also requires the provider to refrain from interfering in the commercial relationship between competing business users and consumers of their services, including by blocking or otherwise restricting the flow of information and communication between them, including advertising and marketing.
Amendment 217 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) any direct or indirect remuneration charged for the use of the online intermediation services concerned or any ancillary services, and any technical or economic benefit it does not extend to all business users;
Amendment 221 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The providers in paragraph 1 shall apply fair treatment in such a way that they do not materially impair other business users’ ability and freedom to do business, thereby causing appreciable harm to the business user. In applying fair treatment, the provider of online intermediation services shall refrain from, for instance: (a) preventing or imposing undue burdens on consumers’ choices of services on the online intermediation service; (b) interfering in the commercial relationship between competing business users and consumers of their services, such as by blocking or otherwise restricting the flow of information and communication between them, including advertising and marketing. (c) directly or indirectly providing any technical or economic advantage to its own services, or to services that it controls, that it denies to competing business users.
Amendment 239 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 f (new)
Article 7 – paragraph 2 f (new)
Amendment 50 #
2018/0089(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2009/22/EC of the European Parliament and of the Council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of Union law harmful to the collective interests of consumers. However, that Directive did not sufficiently address the challenges for the enforcement of consumer law. To improve the deterrence of unlawful practices, to encourage good and responsible business practices, and to reduce consumer detriment, it is necessary to strengthen the mechanism for protection of collective interests of consumers. Given the numerous changes, for the sake of clarity it is appropriate to replace Directive 2009/22/EC. _________________ 29 OJ L 110/30, 1.5.2009.
Amendment 65 #
2018/0089(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover a variety of areas such asconsumer law and related areas in line in particular with Article 169 TFEU and Article 47 of the Charter of Fundamental Rights of the European Union. These rights should include data protection, financial services, travel and tourism, energy, telecommunications and environment, equality and non- discrimination, environment or any other relevant area. It should cover infringements of provisions of Union law which protect the interests of consumers, regardless of whether they are referred to as consumers or as travellers, users, customers, retail investors, retail clients or other in the relevant Union law. To ensure adequate response to infringement to Union law, the form and scale of which is quickly evolving, it should be considered, each time where a new Union act relevant for the protection of the collective interests of consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 71 #
2018/0089(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 87 #
2018/0089(COD)
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 90 #
2018/0089(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Independent public bodies or those with specific relevant statutory responsibilities and consumer organisations in particular should play an active role in ensuring compliance with relevant provisions of Union law and are all well placed to act as qualified entities. Since these entities have access to different sources of information regarding traders' practices towards consumers and hold different priorities for their activities, Member States should be free to decide on the types of measures that may be sought by each of these qualified entities in representative actions.
Amendment 119 #
2018/0089(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should be allowed to decide whether their court or national authority seized of a representative action for redress may exceptionally issue, instead ofensure that qualified entities are entitled to bring representative actions seeking, in addition to injunction orders, either a redress order, or a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement which could be directly relied upon in subsequent redress actions by individual consumers. This possibility should be reserved to duly justified cases where the quantification of the individual redress to be attributed to each of the consumer concerned by the representative action is complex and it would be inefficient to carry it out within the representative action. Declaratory decisions s, or both. A declaratory decision may, for example, be appropriate where individual consumers have suffered negligible or unquantifiable loss but it is nevertheless in the public interest to hould not be issued in situations which are not complex and in particular where consumers concerned are identifiable and where the consumers have suffered a comparable harm in relation to a period of time or a purchase. Similarly,the trader formally to account for the breach of Union law concerned. However, a declaratory decisions should not be issued where the amount of loss suffered by each of the individual consumers is so small that individual consumers are unlikely to claim for individual redress. The court or the national authority should duly motivate its recourse to a declaratory decision instead of a redress order in a particular casemade instead of a redress order that was sought unless the mandate of the individual consumers concerned is obtained.
Amendment 128 #
2018/0089(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. In such cases, a court or authority may consider that it is disproportionate to distribute the funds back to the consumers concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers and should be directed to a relevant public purpose, such as a consumer legal aid fund, awareness campaigns or consumer movements.
Amendment 136 #
2018/0089(COD)
(22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishing an infringement of Union law covered by the scope of this Directive harming collective interest of consumers, including a final injunction order issued within the representative action. In particular, measures eliminating the continuing effects of the infringement may be sought on the basis of final decisions of a court or administrative authority in the context of enforcement activities regulated by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004.32 _________________ 32 OJ L 345, 27.12.2017.
Amendment 211 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not prevent Member States frommay adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national levelmore stringent provisions aimed at the protection of the collective interests of consumers at national level, and the implementation of this Directive shall under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of Union law.
Amendment 213 #
2018/0089(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law, including but not limited to those listed in Annex I that harm or may harm the collective interests of consumers in the fields of data protection, financial services, travel and tourism, energy, telecommunications, equality and non- discrimination, environment or any other relevant area. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 286 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States mayshall designate a qualified entity on an ad hoc basis for a particular representative action, at its request, if it complies with the criteria referred to in paragraph 1.
Amendment 291 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that in particular consumer organisations, ands well as independent public bodies and those with specific relevant legal responsibilities are eligible for the status of qualified entity. Member States may designate as qualified entities consumer organisations that represent members from more than one Member State.
Amendment 295 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 307 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under Union law that are claimed to have been violated in respect of which the action is broughtsufficient interest in the issue to which the alleged breach of Union law relates.
Amendment 322 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 340 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issu, or additionally or alternatively, a declaratory decision. A declaratory decision shall not be made instead of a redress order that was sought unless the mandate of the individual consumers concerned is obtained.
Amendment 345 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The qualified entity shall provide sufficient information as required under national law to support the action, including a description of the consumers concerned by the action and the questions of fact and law to be resolved but this requirement shall not be such as to place such a significant burden on the qualified entity that qualified entities may be discouraged from seeking to bring representative actions.
Amendment 351 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 361 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 384 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail. This may include a guarantee or indemnity from a third party subject also to the provisions of paragraphs 2 and 3 of this Article.
Amendment 473 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take the necessary measures to ensure that procedural costs, including the risk of adverse costs, related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6, such as limiting applicable court or administrative fees, indemnifying them against adverse costs exposure, granting them access to legal aid where necessary, or by providing them with public funding for this purpose.
Amendment 480 #
2018/0089(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall take the measures necessary to ensure that any qualified entity designated in advance in one Member State in accordance with Article 4(1) or ad hoc in accordance with Article 4(2) may apply to the courts or administrative authorities of another Member State upon the presentation of ad hoc designation in accordance with Article 4(2) or the publicly available list referred to in that Article 4(1). The courts or administrative authorities shall accept this list or other applicable evidence as proof of the legal standing of the qualified entity without prejudice to their right to examine whether the purpose of the qualified entity justifies its taking action in a specific case.
Amendment 488 #
2018/0089(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Public Register Member States shall ensure that the relevant national competent authorities set up a publicly accessible register of unlawful acts that have been subject to injunction orders in accordance with the provisions of this Directive.
Amendment 489 #
2018/0089(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 2 #
2016/2276(INI)
Draft opinion
Recital A
Recital A
A. whereas online platforms (hereinafter ‘platforms’) cover a wide range of actors involved in numerous economic activities, such as e-commerce, media, search engines, collaborative economy, distribution of cultural content or social networks, and are therefore not subject to any clear and precise definition, the formulation of which would be the first step of a sectoral regulation process;
Amendment 5 #
2016/2276(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the intermediaries of yesterday have become today’s providers of content and play an essential role in terms of access to content including cultural and audiovisual content;
Amendment 15 #
2016/2276(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas in order to put an end to the copyright related ambiguity between active user-uploaded content platforms and those having an activity of mere intermediaries, it is necessary to clarify that the limited liability provided by Article 14 of the E-Commerce Directive is only applicable to platforms having a passive intermediary role, that is to say without intervening in the organisation, optimisation or promotion of the content;
Amendment 31 #
2016/2276(INI)
Draft opinion
Recital G a (new)
Recital G a (new)
Ga. whereas platforms can have double roles as intermediaries but also competitors which can potentially lead to abuse;
Amendment 32 #
2016/2276(INI)
Draft opinion
Recital G b (new)
Recital G b (new)
Gb. whereas a duty of care should be imposed under certain conditions to online service providers to detect and prevent illegal activities on platforms by any technically reliable means;
Amendment 33 #
2016/2276(INI)
Draft opinion
Recital G c (new)
Recital G c (new)
Gc. whereas online counterfeiting is becoming increasingly sought after by criminal organizations as it is more profitable and has a smaller risk of incurring criminal penalties than racketeering or drug trafficking;
Amendment 36 #
2016/2276(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the urgent need for clarification of the status of platforms that play an active role in public communication and the reproduction of protected works;
Amendment 46 #
2016/2276(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a regulatory framework that would guarantee loyalty and transparency towards business partners in relation to, inter alia, access to the service, appropriate and fair referencing, search results and the functioning of relevant application programming interfaces;
Amendment 51 #
2016/2276(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on platforms to take appropriate measures to ensure the proper functioning of contractual agreements concluded with right holders for the use of copyright protected works, such as the installation of effective content recognition technologies, where appropriate;
Amendment 70 #
2016/2276(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the need to restore a balance in the sharing of value for intellectual property, in particular on platforms distributing protected audiovisual content;
Amendment 78 #
2016/2276(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that counterfeiting affects all sectors of the legal economy and that companies, the first targets of counterfeiters, are not the only ones affected by this scourge. Counterfeiting is a real issue for the health and safety of consumers who must be sensitized and made aware of the reality of trafficking in fake products;
Amendment 79 #
2016/2276(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to further promote the launched platform for settling disputes involving purchases made online amongst consumers, to improve its user-friendliness and to monitor whether traders comply with their obligation to put a link to the platform on their website, in order to further address the increasing number of complaints against several online platforms;
Amendment 80 #
2016/2276(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission to consider establishing a harmonised approach to the right of rectification, the right to counterstatement and rights to forbearance for users of platforms;
Amendment 81 #
2016/2276(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls on the Commission to create a level playing field in view of claims for damages against platforms due to the circulation of disparaging facts, which create a persistent harm to the user;
Amendment 198 #
2016/2276(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses that despite the fact that more creative content is being consumed today than ever before, on services such as user-uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption; stress that one of the main reasons for that is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law; stress that an unfair market has been created, threatening the development of the Digital Single Market and its main players: the cultural and creative industries;
Amendment 212 #
2016/2276(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Highlights that liability exemptions can only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 221 #
2016/2276(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Considers that digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; highlights that consideration is to be made of how this process can function with more legal certainty and respect for right holders; underlines the importance of transparency and of ensuring a fair level playing field; considers in this regard that protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content;
Amendment 3 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that, with some 40 % of EU workers lacking adequate digital skills, and nothing that 6 out of the top 10 skills requirements are technical or digital skills, the Union faces a digital skills gap; takes note of the Commission’s recent Communications on ‘Digitising European industry’ and ‘A New Skills Agenda for Europe’ as a first step in the right direction with regard to improving digital skills;
Amendment 17 #
2016/2271(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the opportunity that education through digitisation presents to young Europeans not in education or employment and calls for measures that will, in turn, improve inclusion both socially and in the labour market;
Amendment 18 #
2016/2271(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasises the need to address the steadily widening divide in access to the internet and digital skills, with targeted support for unemployed individuals, adults with a low literacy level and those groups who typically experience 'interrupted learning' and 'learning at a distance' educational barriers such as the 'Traveller' community;
Amendment 29 #
2016/2271(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance to promote in particular the use of 3D technologies with the aim of data collection and reconstruction of destroyed cultural goods and heritage;
Amendment 41 #
2016/2271(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the importance of promoting and fostering the digital production of cultural, creative and educational high-quality contents, which contribute to strengthen the know-how and the competitiveness of European industry in these fields;
Amendment 44 #
2016/2271(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that digitising industry offers particular opportunities for safeguarding cultural heritage, promoting it around the world easily and using those tools in educational systems;
Amendment 45 #
2016/2271(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Regrets that historical and cultural sites are often not easily accessible for those with a disability and highlights the opportunities that a stronger digital cultural platform presents in improving engagement and making cultural experiences, sites and artefacts throughout Europe more accessible regardless of geographical location;
Amendment 47 #
2016/2271(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Encourages the research on and development of assistive technologies, which might be used and become new industrial products for the inclusion of disabled people;
Amendment 48 #
2016/2271(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Emphasises the need to develop the Digital Humanities as enabling technology, in their double function of content and network providers.
Amendment 10 #
2016/2219(INI)
Draft opinion
Citation 4 a (new)
Citation 4 a (new)
- having regard to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees,
Amendment 16 #
2016/2219(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas women and girls in many parts of the world are continuing to be subjected to gender-based violence, including rape, enslavement, human trafficking, forced marriage, honour crimes, female genital mutilation (FGM), and cruel and inhuman punishments amounting to torture, a situation which violates their fundamental rights to life, liberty, justice, dignity, and security, as well as their rights of protection from physical and mental injury and of self- determination in sexual and reproductive matters;
Amendment 20 #
2016/2219(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas during armed conflicts female and child refugees, asylum seekers, and stateless persons are among the most vulnerable groups in society, and whereas the risks to teenage girls displaced in times of humanitarian crises are significantly heightened;
Amendment 35 #
2016/2219(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas some European countries have in recent years been taking a less tolerant attitude to migrants, refugees, and asylum seekers; whereas the EU has to lead by example and follow a consistent line in its internal and external policies; and whereas Member States must transpose European legislation to the national level;
Amendment 38 #
2016/2219(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas the EU gender equality strategy already provides for gender mainstreaming in EU commercial policy;
Amendment 40 #
2016/2219(INI)
Draft opinion
Recital D c (new)
Recital D c (new)
Dc. whereas economic empowerment of women is a way to widen and enhance the actual exercise of their fundamental rights;
Amendment 46 #
2016/2219(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Maintains that violence against women and gender-based violence constitute a violation of fundamental rights and an extreme form of discrimination, which is at once the cause and the consequence of gender inequalities within and outside the EU;
Amendment 49 #
2016/2219(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Welcomes the proposal put forward by the Commission on 4 March 2016 for the EU to accede to the Istanbul Convention, the first legally binding international instrument seeking to prevent and combat violence against women; believes that this will lend greater effectiveness and coherence to EU internal and external policies and strengthen the EU’s responsibility and role in combating violence against women and gender-based violence at international level; urges the Commission to do its utmost to enable the EU to sign and conclude the Convention, while also encouraging the 14 Member States which have not yet done so to sign and ratify the Istanbul Convention and ensuring that the Convention is properly implemented;
Amendment 57 #
2016/2219(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for a global commitment to ensure the safety of women and girls from the start of every emergency or crisis, by adequately addressing the risk of sexual and gender-based violence, raising awareness, ensuring the prosecution of the perpetrators of such violence and ensuring that women and girls have access to the full range of sexual and reproductive health services, including safe and legal abortion, particularly for victims of war rape;
Amendment 61 #
2016/2219(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges all the Member States to step up the implementation of the obligations and commitments related to women’s rights arising from the Convention on the Elimination of All Forms of Discrimination against Women, part of the Beijing Platform for Action, and to support civil society organisations working to promote gender equality;
Amendment 64 #
2016/2219(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers it intolerable that the bodies of women and girls, and in particular their sexual and reproductive health and rights, should be continuing to this day to be an ideological battleground, and urges the EU and its Member States to recognise the inalienable rights of women and girls to protection from physical injury and to take decisions freely, not least as regards the right of access to voluntary family planning and safe and legal abortion (under Article 16 of the CEDAW women have the right to choose the number and spacing of their children and to have access to the information, education, and means enabling them to exercise that right) and the right to be free from violence, including female genital mutilation, early and forced marriage, and marital rape;
Amendment 76 #
2016/2219(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points to the need for continuity in the education of children, young people, and women in refugee camps and conflict zones;
Amendment 78 #
2016/2219(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls for support to be given with a view to implementing vocational education for women and enabling them to attend higher education courses in science and technology, for gender equality training programmes to be devised for education professionals, and for steps to be taken to prevent stereotypes from being conveyed through curricula and teaching materials;
Amendment 81 #
2016/2219(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Points to the need to support the education of adults, especially women, and of children in hospital;
Amendment 82 #
2016/2219(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Points to the vulnerability of migrants, refugees, and asylum seekers, especially those who are women, young people, or members of marginalised groups, and to the urgent need to develop proper safe legal channels for migration, while guaranteeing access to family reunification and psychological support and allowing humanitarian visits;
Amendment 83 #
2016/2219(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls for access to justice to be improved for women in conflict and post- conflict situations and for efforts to be intensified with a view to combating impunity and increasing accountability, employing every means necessary to that end;
Amendment 87 #
2016/2219(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Maintains that the authorities must undertake to pursue education campaigns aimed at men and younger generations, with a view to involving men and boys as partners while preventing and gradually eliminating all types of gender- based violence and promoting women’s empowerment;
Amendment 92 #
2016/2219(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points to the need to ensure that health professionals, police forces, prosecutors, judges, diplomats, and peacekeepers, both within the EU and in non-member countries, are properly trained to help and support victims of violence, especially women and children, in conflict situations and operations on the ground;
Amendment 97 #
2016/2219(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Points out that gender equality is not confined to men and women, but must encompass the whole LGBTI community;
Amendment 99 #
2016/2219(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Points to the need to mainstream gender issues more strongly into EU humanitarian aid;
Amendment 109 #
2016/2219(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance of strengthening women’s role in conflict prevention and in promoting human rights and democratic reform, and of supporting the systematic participation of women as a vital element in peace processes and post-conflict reconstruction;
Amendment 120 #
2016/2219(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Believes that women should play a greater role in the processes and national and international institutions involved in the maintenance of peace and security;
Amendment 124 #
2016/2219(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for investment in women and young people, since this is an effective way to combat poverty and female poverty in particular;
Amendment 125 #
2016/2219(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Points to the importance of continuing to combat the gender pay gap and of speeding up the process for reaching the Commission’s percentage targets for women in top-level positions;
Amendment 127 #
2016/2219(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
Amendment 128 #
2016/2219(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Rejects any laws, regulations, or government pressure imposing undue restrictions on freedom of expression, especially for women and other gender categories;
Amendment 129 #
2016/2219(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Deplores the fact that women are underrepresented in economic, political, and social decision-making; considers women’s representation in political, economic, and social decision-making to be a fundamental rights and democracy issue; recommends that parity systems and gender quotas be introduced as lawful temporary means of promoting women’s participation in political bodies and the democratic process, especially as candidates, and that legislation be passed to enable the same goal to be achieved by large public and private companies;
Amendment 130 #
2016/2219(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5h. Urges the Member States, the Commission, and the EEAS to focus on the economic and political emancipation of women in developing countries by promoting their involvement in business and in the implementation of local and regional development projects;
Amendment 131 #
2016/2219(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5i. Urges that gender equality and human rights be included in national human rights strategies and political and trade dialogues with countries outside the EU;
Amendment 132 #
2016/2219(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5j. Encourages women to become actively involved in trade unions and other organisations, as this will do much to introduce gender aspects into working conditions;
Amendment 133 #
2016/2219(INI)
Draft opinion
Paragraph 5 k (new)
Paragraph 5 k (new)
5k. Calls for legally binding human rights clauses, with particular reference to the rights of women and other gender categories, to be included in all EU trade agreements with non-member countries; calls for conformity with EU core values to be made a criterion for budget support;
Amendment 134 #
2016/2219(INI)
Draft opinion
Paragraph 5 l (new)
Paragraph 5 l (new)
5l. Calls for the rights of older people, and older women in particular, to be strengthened by combating all forms of discrimination and helping them to live decent, secure lives as full members of society;
Amendment 191 #
2016/2144(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Calls for a comprehensive set of EU-wide gender guidelines to be adopted to migration and asylum policy with adequate funding for comprehensive training programmes for professionals who may come into contact with refugees and asylum seekers; emphasises that these are sensitive to the gender specific needs of refugee women and concomitant gendered harms such as the trafficking of women and girls;
Amendment 193 #
2016/2144(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34 b. Highlights the ongoing issues of overcrowding in refugee reception centres and the impact this has on women's safety; calls for greater use of AMIF to improve reception centres with separate sleeping and sanitation facilities for women and men, and access to gender- sensitive health services including prenatal and postnatal care;
Amendment 195 #
2016/2144(INI)
Motion for a resolution
Paragraph 34 c (new)
Paragraph 34 c (new)
34 c. Member states should be encouraged to make greater use of cohesion funds and Structural Investment Funds alongside the AMIF in order to promote the integration of refugees in the labour market, with a specific focus on how accessible childcare enables women refugees;
Amendment 196 #
2016/2144(INI)
Motion for a resolution
Paragraph 34 d (new)
Paragraph 34 d (new)
34 d. Calls for a review on the increased funding for and wider scope of the Daphne and Odysseus programmes with an assessment on expanding these programmes to address the severe vulnerabilities experienced by women refugees and provide greater support in addressing these gendered harms;
Amendment 12 #
2016/2072(INI)
Motion for a resolution
Recital B
Recital B
B. whereas CCIs have dualmultiple values, as they preserve and promote cultural and linguistic diversity, and strengthen European and regional identity, while sustainingbuild social cohesion, andct as a driver of sustainable economic growth, contributinge substantially to investment, growth, innovation novation and create significandt employment opportunities in the EU economy;
Amendment 37 #
2016/2072(INI)
Motion for a resolution
Recital E
Recital E
E. whereas creative industries in Europe provide more than 12 million full- time jobs, which amounts to 7.5 % of the EU’'s work force, creating approximately EUR 509 billion in value added to GDP (5.3 % of the EU’'s total GVA) and in specific regions, creative industries represent a significantly higher percentage of GDP and employ a higher percentage of the local workforce;
Amendment 45 #
2016/2072(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas CCIs play an important role in creating vibrant and distinctive regions, which can help to improve the quality of life of citizens and be an important inward investment factor;
Amendment 46 #
2016/2072(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas authors and performers are at the origin and the very source of CCIs;
Amendment 55 #
2016/2072(INI)
Motion for a resolution
Recital G
Recital G
G. whereas employment in the cultural sector is unlikely to be offshored, as it is connected to specific cultural and historical competences; whereas CCIs contribute significantly and more than any other sector to youth employment and have proved to be most resilient during the post- 2008 economic crisis; recognises the important role of the European Social Fund in promoting youth employment and skills development;
Amendment 63 #
2016/2072(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas it is increasingly rare for cultural and creative artists to be in permanent employment; whereas they are, to an increasing extent, self-employed, alternating between self-employed and employed activity or engaged in part-time or irregular activity;
Amendment 143 #
2016/2072(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the cultural and creative industries benefit considerably from public funding for culture, which also contributes significantly to cultural diversity in the European Union; urges the Commission and Member States therefore, within their respective spheres of competence, to continue a earmark an adequate share of their budgets for public funding for culture;
Amendment 144 #
2016/2072(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that the atypical employment of cultural and creative artists is becoming increasingly common; urges the Commission and the Member States therefore, within their respective spheres of competence, to devote greater attention to legislative provisions regarding the employment and working conditions of cultural and creative artists and in particular their social protection; calls in addition for their position to be strengthened by means of collective representation;
Amendment 163 #
2016/2072(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that technology and infrastructure rely on the content provided by creators; calls, therefore, on the Commission to establish a legal framework for the value chain in the digital age that takes into account the specificities of the sector and leads to an improvement in the remuneration of authors and creators, i.e. through the introduction of an unwaivable right of authors to remuneration;
Amendment 164 #
2016/2072(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages the Commission to establish legal provisions which create a fairer environment governing the transfer of rights and the contractual remuneration of authors and performers; calls therefore to create a contract adjustment mechanism, which allows authors and performers to claim additional remuneration in case the revenues yielded out of the exploitation of the works are disproportionally high compared to the remuneration agreed in the initial contract; recommends also to provide for a transparency obligation for publishers and producers to detail on a regular basis timely, adequate and comprehensive information on the exploitation of works, notably as regards modes of exploitation, revenues generated and remuneration due; calls on the Commission to examine the possibility of entitling unions or associations representing creators to a kind of collective bargaining related to the definition of appropriate remuneration; asks the Commission to introduce a rights reversion mechanism which would enable creators to terminate a contract, namely in case of lack of exploitation, lack of payment of the remuneration foreseen, in established case of inappropriate remuneration as well as lack of regular reporting;
Amendment 168 #
2016/2072(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to examine the possibility of entitling unions or associations representing creators to file legal complaints on behalf of creators;
Amendment 180 #
2016/2072(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Asks the Commission, in view of the upcoming copyright reform, to create legal solutions which will suit creators, right holders, right users and consumers alike in order to make clear that liability exemptions can only apply to genuinely neutral and passive online service providers and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 189 #
2016/2072(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that the majority of organisations in the CCI sector are SMEs; stresses that SMEs often face major challenges with regard to rights clearance; asks the Commission, therefore, to simplify rights clearance systems in the upcoming copyright reform;
Amendment 192 #
2016/2072(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights that research on right holders and intransparent rules on copyright represent administrative burdens entailing high expenses and a lot of efforts, especially for SMEs working on cross-border basis; recommends, therefore, to establish a common pan- European database with all available information on right holders for each sector in order to facilitate rights clearance;
Amendment 195 #
2016/2072(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that Directive 2014/26/EU has led to improvements in the rights clearance system of musical works in the online environment; asks the Commission to also improve good governance, efficiency, transparency and accountability of collective rights management organisations in other sectors;
Amendment 232 #
2016/2072(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to promote and support the creation, improvement and expansion of infrastructure which is key to supporting creative industries in Europe, particularly ensuring the expansion of high speed broadband to rural and remote areas;
Amendment 247 #
2016/2072(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Recognises that many cities and regions across Europe have developed substantial plans for their local CCIs; calls on the Commission to draw on best practice from these strategies;
Amendment 272 #
2016/2072(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the potential of CCIs regarding youthe employment andof disadvantaged individuals, including young people, as well as reindustrialisation; calls on the Commission and the Member States to include the CCIs in the Youth Employment Initiative and to provide funds to facilitate careers and training in this sector;
Amendment 343 #
2016/2072(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recognises the important role played by not-for-profit, cooperative and social enterprises in the CCIs and therefore, calls for any distinction in EU structural and social funding, which could limit the eligibility of these structures, to be avoided;
Amendment 358 #
2016/2072(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises the vital multiplier effect that EU funding can have for CCIs, particularly in specific regions; Calls on the Commission to establish the cultural and creative industries as a horizontal priority within EU funding schemes, in particular Horizon 2020 and the ESIFs;
Amendment 1 #
2016/2024(BUD)
Draft opinion
Recital A
Recital A
A. whereas budgetary expenditure is not gender-neutral and caninevitably haves a different impact on women, and men, and persons of diverse gender identities;
Amendment 3 #
2016/2024(BUD)
Draft opinion
Recital B
Recital B
B. whereas the 2017 budget will be affected by the evolving migration and refugee crisis, as 55% of refugees arriving in Europe are women and children, according to UNHCR; whereas it is also important to take into account the situation of women refugees and asylum seekers, who have specific protection needs and concerns;
Amendment 6 #
2016/2024(BUD)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas there is an urgent need for facilitating the entrance of women and girls into fields such as entrepreneurship, ICT, science, technology, engineering, and mathematics (STEM), in order to achieve true gender equality, overcome gender stereotypes, and meet increased economic productivity and innovation;
Amendment 20 #
2016/2024(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges greater investment in education, training, labour market, and regional development programmes intended to support, enable, and facilitate the entry of women and girls into growing dynamic sectors that have traditionally been male dominated, particularly in the fields of entrepreneurship, ICT, STEM, and the Green Economy;
Amendment 21 #
2016/2024(BUD)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes the need to provide funding for programmes that create synergies between ICT and STEM sectors, and the arts and creative industries, making STEM into STEAM, as this is a pathway to increasing women's participation in these fields;
Amendment 22 #
2016/2024(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for full incorporation of gender mainstreaming and gender budgeting into the work of the European Asylum Support Office (EASO) and for funds to be assigned for providing assistance to, and promoting inclusion and monitoring the situation of, female refugees and asylum seekers in the EU; Highlights the need for funding for training of immigration, border control, and asylum staff on the gender-specific needs and circumstances of female and LGBTI refugees, as well as adequate facilities to accommodate gender-specific needs at reception centres;
Amendment 26 #
2016/2024(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the need to address the situation of female refugees in makeshift conditions within the EU and on its borders;
Amendment 17 #
2016/2017(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to the Commission communication of 2 February 2011 on Early Childhood Education and Care: Providing all our children with the best start for the world of tomorrow1a, __________________ 1a COM ((2011)0066) final.
Amendment 18 #
2016/2017(INI)
Motion for a resolution
Citation 22 b (new)
Citation 22 b (new)
- having regard to the Council conclusions of 15 June 2011 on early childhood education and care: providing all our children with the best start for the world of tomorrow1b , __________________ 1b OJ C 175, 15.6.2011, p. 8–10.
Amendment 33 #
2016/2017(INI)
Motion for a resolution
Recital A
Recital A
A. whereas achieving a genuine work- life balance requires comprehensive policies including measures for reconciling work, caring for and spending time with family, and time for leisure and personal development; whereas increase in the full- time employment of women requires an increase in public and private spending on these policies;
Amendment 39 #
2016/2017(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the first findings of the Eurofound 6th European Working Conditions Survey (EWCS) show that European labour markets are highly gender segregated with substantial differences between women and men remaining in occupation, sector, contract type, pay, working time and the share of unpaid work; whereas the Survey states that achieving the Europe 2020 target of 75% of 20-64 years old in employment is strongly dependent on increasing participation of women in the labour market1c; __________________ 1c Eurofound (2015): First findings: Sixth European Working Conditions Survey.
Amendment 43 #
2016/2017(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Amendment 47 #
2016/2017(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the EWCS shows that atypical working hours often prevent workers from devoting time to their family, i.e. working on Saturdays and Sundays, overtime, shift and night work, and it raises health and safety concerns with increased risk of accidents at work and poorer health in the long term;
Amendment 92 #
2016/2017(INI)
Motion for a resolution
Recital D
Recital D
D. whereas family-related types of leave are still often grounds for discrimination and stigmatisation for both women and men despite existing legislation both at EU and national level;
Amendment 105 #
2016/2017(INI)
Motion for a resolution
Recital E
Recital E
E. whereas access to childcare services for young children is the main factor influencing the participation of women in the labour market and whereas achieving quality services means investing in the childcare workforce training1f; whereas only 11 Member States have met the first Barcelona target (childcare available for at least 90 % of children between the ages of 3 and the mandatory school age) and only 10 Member States have achieved the second target (at least 33 % of children under three years)19 ; __________________ 1fEurofound (2015) Early childhood care: working conditions, training and quality of services – A systematic review 19 Progress report on the Barcelona objectives of 29 May 2013 entitled ‘The development of childcare facilities for young children in Europe with a view to sustainable and inclusive growth’ (COM(2013)0322).
Amendment 123 #
2016/2017(INI)
Motion for a resolution
Recital F
Recital F
F. whereas allowing people time outside of work for personalworkers time-off for personal and training development in the context of life-long learning benefits their wellbeing as well as their contribution to the economy with more skills and higher productivity20 ; __________________ 20 CEDEFOP Research Paper: Training leave. Policies and practices in Europe, 2010.
Amendment 125 #
2016/2017(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas ICT and emerging technologies have changed work and employment environments, organisational cultures and structures across sectors; whereas policy-making must stay up-to- date with technological developments, in order to ensure that social standards and gender equality advance rather than regress in these new circumstances;
Amendment 129 #
2016/2017(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas women are more likely than men to face poverty and social exclusion; whereas cuts to public services and austerity policies disproportionately impact women; whereas cuts to public services and economic hardship tend to increase women's informal care workload, lead to a work-life imbalance, and increase the likelihood of women's exclusion from the labour market;
Amendment 132 #
2016/2017(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas targeted labour-market and work-life balance policies are required in order to take into account intersectional obstacles faced by vulnerable women in terms of work-life balance and job security, such as women with disabilities, young women, migrant and refugee women, women from ethic minority backgrounds, and LGBTI women;
Amendment 164 #
2016/2017(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that falling birth rate in the EU has been exacerbated by the crisis, given that unemployment, precarious job opportunities, uncertainty about the future, as well as discrimination in the labour market are making women, in particular young women professionals, put off having children; in this regard calls on the Member States to promote innovative working time arrangements, reconciliation plans, return to work programmes, communication channels between workers and the workplace and incentives for business and self-employed workers;
Amendment 188 #
2016/2017(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to put in place policies that acknowledge the increasing diversity of family relationships and parenting arrangements, including parents of all gender identities, in particular to guarantee that a child is not discriminated against because of its parents’' marital status or family constitution;
Amendment 195 #
2016/2017(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to step up protection against discrimination and unlawful dismissal that particularly affect female workers related to work-life balance and to ensure access to justice and legal action;
Amendment 200 #
2016/2017(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to invest in awareness raising events and putting the emphasis on transformative policies to modify behaviours and attitudes towards all types of leave in order to change mentalities and cultures both of businesses and societies and to ensure a more equal sharing of caring and domestic activities between women and men;
Amendment 253 #
2016/2017(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to adopt a post-2015 Gender Equality Strategy and to implement it through the European Semester, including the Annual Growth Survey and the country-specific recommendations; calls on the Council, the Commission and the Member States to integrate a gender pillar into the Europe 2020 strategy;
Amendment 258 #
2016/2017(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to put in place proactive policies designed to support women entering, returning to and stay, staying and progressing in the labour market with stable and quality employment;
Amendment 262 #
2016/2017(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to put in place proactive policies designed to support women entering, returning to and staying, and advancing in the labour market with stable and quality employment, particularly in sectors and positions where women are under- represented, such as science, technology, engineering, and green economy sectors, or senior management positions across all sectors;
Amendment 283 #
2016/2017(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Strongly regrets that the Commission withdrew the revision of the Maternity Leave Directive and calls as a matter of urgency for it to return with an ambitious proposal; calls on the Commission and the Member States to ensure that women are paid for the duration of maternity leave and are not economically penalized for having children; stresses that maternity leave must be accompanied by effective measures protecting the rights of pregnant and new mothers, reflecting the recommendations of the International Labour Organisation and the World Health Organisation21 ; __________________ 21 http://www.who.int/topics/breastfeeding/en /
Amendment 298 #
2016/2017(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that satisfactory parental leave arrangements are closely linked to adequate pay; notes that where there are no provisions for leave, or where existing ones are considered to be insufficient, social partners, through collective agreements, may have an important role to play in establishing new provisions or updating current ones for maternity, paternity and parental leave; calls on the Member States, in agreement with the social partners, to reconsider their system of financial compensation for parental leave with a view to reaching a level that would act as an incentive for an adequate and decent level of income replacement, which also encourages men to take parental leave beyond the minimum time period guaranteed by the directive;
Amendment 299 #
2016/2017(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission to improve and strengthen the provisions of Directive 2010/18/EU regarding the conditions of eligibility and detailed rules for granting parental leave to those who have children with a disability or serious or long-term incapacitating illness, taking account also of best practice in the Member States;
Amendment 365 #
2016/2017(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU Council for the introduction of targets on care for elderly and other dependants, similar to Barcelona targets, with monitoring tools within the European Semester; calls on Eurostat and Eurofound to collect relevant data and to carry out studies;
Amendment 400 #
2016/2017(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Supports ‘'smart working’' but rejects a shift from a culture of presence to a culture of permanent availability; calls on the Member States and the Commission, when developing smart working policies, to ensure these do not impose an additional burden on the worker, but rather reinforce a healthy work-life balance, and increase workers' well-being;
Amendment 403 #
2016/2017(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Highlights alternative business models such as cooperatives and mutuals have enormous potential to advance gender equality and a healthy work life balance, particularly in the emerging "smart working" digital environment, given higher levels of employee participation in decision-making; Calls on the Commission and Member States to research the impact of cooperatives and alternative business models on gender equality and work-life balance, especially in technology sectors, and set out policies to promote and share best practice models;
Amendment 412 #
2016/2017(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the urgent need to tackle the situation of precarious employment facing young professionals, including young women, including zero hour or exploitative contracts and low-quality internships, which make a healthy work- life balance impossible in the long-run;
Amendment 418 #
2016/2017(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that excessive working hours and insufficient rest periods, as well as the disproportionate output required and job insecurity, are major factors in increased levels of occupational accidents and diseases, as well as stress and harm to mental health; calls on the Commission to initiate infringement proceedings against Member States who are failing to implement the Working Time Directive;
Amendment 421 #
2016/2017(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Highlights that women and LGBTI persons face specific gender- based obstacles and sources of stress at work, including harassment, exclusion, discrimination or gender stereotypes, which negatively impact their well-being at work, threaten their mental health and their ability to progress in their career; Calls on the Commission and Member States to take further steps tackle these adverse conditions by ensuring proper implementation of relevant anti- discrimination legislation, as well as gender-sensitive life-long learning programmes, and work with trade unions and civil society organisation;
Amendment 437 #
2016/2017(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Points out that 'quality of life' is a broader concept than 'living conditions' and refers to the overall well-being of individuals in a society;
Amendment 453 #
2016/2017(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States and social partners to develop and put in place policies for educational and training leave, as well as in-work vocational training and life-long learning, and to make learning inside and outside work accessible to workers, particularly those in disadvantaged situations, with an emphasis on women employees in sectors where women are structurally underrepresented;
Amendment 4 #
2016/2008(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is of the opinion that ensuring access to an affordable, accessible, open and inclusive internet for all, including vulnerable people such as minors, women and girls facing multiple discrimination, people with disabilities and elderly people, is the pre-requisite for e-democracy, along with removing physical, geographical, and social barriers to online participation; stresses that ensuring the use of the internet is fair and safe, through protection of freedom of expression, protection of personal data and the right to privacy, safety of minors and protection of the principle of net neutrality, is another pre-requisite of e-democracy;
Amendment 36 #
2016/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that ICT tools can increase the transparency of institutions at all levels and can in particular make EU legislative and policy-making processes more digitised, consultative, inclusive, trusted accountable, and fair, therefore strengthening trust of citizens;
Amendment 44 #
2016/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that digital education and literacy should not be limited to learning about tools and technologies, but should aim at equipping individuals with the critical thinking skills and digital curiosity necessary to exercise judgement, analyse complex realities, recognise the difference between opinions and facts, and resist all forms of indoctrination and hate speech, becoming therefore not only users of technologies, but responsible and active citizens in connected societies;
Amendment 46 #
2016/2008(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission and the Member States to provide training and support for teachers and educators, including supporting peer learning and exchange of best practices, in formal, non-formal and informal settings, so that educators feel digitally confident and able to prepare and provide the next generation of learners with the transferable skills and creative thinking techniques necessary to adapt in a fast changing world;
Amendment 56 #
2016/2008(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers it crucial that the EU should strategically launch e-democracy tools able to provide decentralised sources of independent information and innovative models of learning, and to stimulate citizens’ active participation and political engagement through participatory and direct democracy mechanisms able to reinforce and complement, where possible, representative democracy and to improve the quality of public debates;
Amendment 59 #
2016/2008(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses concern at the use of social media and online platforms for criminal hate speech and incitement to violence, and encourages Member States to adapt and update legislation to address ongoing developments, and fully implement and enforce existing legislation on hate speech, both offline and online; argues that a greater collaboration is needed with online platforms, leading internet and media companies in this respect;
Amendment 67 #
2016/2008(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Welcomes the support of civil society projects in the framework of the European programme "Europe for Citizens" in order to encourage citizens to engage in activities directly linked to EU policies, provide opportunities, education and training for direct participation in the policy making process, encourage democratic participation of citizens at EU level and foster European citizenship;
Amendment 68 #
2016/2008(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to develop and implement specific pilot projects, as provided for in the Digital Agenda, tocontinue its support for initiatives aiming at promoteing and reinforcestrengthening responsible and active European citizenship schemes, democracy being a social experience which needs to be experienced and learned about. through relevant EU funds and programmes, notably Erasmus+, the Connecting Europe Facility, the European Structural and Investment Funds, Horizon 2020 and Creative Europe, as well as through the development and implementation of specific pilot projects, in line with the Digital Agenda as provided for in the Digital Agenda;
Amendment 41 #
2016/0284(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Operators of retransmission services, that of television or radio programmes including works or other protected subject matter carry out an act of communication to the public irrespective of whether the retransmission of the television or radio programme is made by the same technical means or different technical means than those used for the initial act of broadcasting, and irrespective of whether or not such retransmission takes place within the actual or intended area of reception of the initial broadcast As retransmission services, normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, operators of retransmission services have a very short time- frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration.
Amendment 71 #
2016/0284(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The exemption provided for in Article 4 for the rights exercised by broadcasting organisations should in no way impact or limit the rightsholder's ability to transfer their rights to a collective management organisation which will enable them to obtain the equitable remuneration for the retransmission of their work.
Amendment 130 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) “ancillary online servicecontent” means an online service consradio or television programme, that is produced by or for the broadcasting organisating in the provisionon and not licensed to any third parties or which is licensed exclusively to the broadcasting organisation throughout the Union, provided to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcastits broadcast by the broadcasting organisation;
Amendment 137 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1 a) Notwithstanding the transferral of a right to retransmission to a producer, an author shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of their work. This may only be exercised through a collective management organisation that guarantees such remuneration to audiovisual authors.
Amendment 147 #
2016/0284(COD)
Proposal for a regulation
Recital 14a (new)
Recital 14a (new)
(14 a) Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors of TV packages for reception by the public and such distributors are jointly liable for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. In such a situation, both the broadcasting organisations and the distributors involved in the process should obtain an authorisation from the relevant rights holders as concerns their respective participation and exploitation in such acts.
Amendment 174 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2a) The principle of contractual freedom safeguards the ability to limit the exploitation of the rights affected by the principle of country of origin laid down in paragraph 1, including by agreeing absolute territorial exclusivity. In the event that decisions in relation to Union law prevent contractual clauses which grant and/or enforce absolute territorial exclusivity, the provision in paragraph 1 shall cease to exist.
Amendment 262 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2 a) The principle of contractual freedom safeguards the ability to limit the exploitation of the rights affected by the principle of country of origin laid down in paragraph 1, including by agreeing absolute territorial exclusivity.In the event that decisions in relation to Union law prevent contractual clauses which grant and/or enforce absolute territorial exclusivity, the provision in paragraph 1 shall cease to exist.
Amendment 304 #
2016/0284(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Exploitation of broadcasting programmes through retransmission The retransmission of works or other protected subject-matter included in a television or radio programme initially communicated to the public by a broadcasting organisation is an act of communication to the public of such a programme, irrespective of whether the retransmission service operator uses the same technical means or different technical means than those used for the initial act of broadcasting and irrespective of whether or not such retransmission takes place within the actual or intended area of reception of the initial broadcast.
Amendment 315 #
2016/0284(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors of TV packages for reception by the public and such distributors that offer the programmes to the public are jointly liable for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together.In such a situation, both the broadcasting organisations and the distributors involved in the process should obtain an authorisation from the relevant rights holders as concerns their respective participation and exploitation in such acts.
Amendment 13 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. The Commission should investigate all possible measures to prevent the illegal use of copyright protected visual and audio-visual content for commercial purposes, through for example embedding or framing techniques. In addition, this Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final.
Amendment 19 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation, growth and jobs. However, in the Union, research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject- matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required.
Amendment 24 #
2016/0280(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining. However, those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research. Moreover, where researchusers have lawful access to content, for example through subscriptions to publications or open access licences, the terms of the licences may exclude text and data mining. As research is increasingly carried out with the assistance of digital technology, there is a risk that the Union's competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining.
Amendment 26 #
2016/0280(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Union law should take into consideration that text and data mining has the huge potential to be used in both formal and informal research settings and should recognise the potential of text and data mining to stimulate significant innovation, growth and jobs.
Amendment 27 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database. The new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnerships.
Amendment 35 #
2016/0280(COD)
Proposal for a directive
Recital 13
Recital 13
(13) There is no need to provide for compensation for rightholders as regards uses under the text and data mining exception introduced by this Directive given that in view of the nature and scope of the exception the harm should be minimal. It should be noted that a license is still required to access research for text and data mining and any further compensation for rightsholders is unnecessary.
Amendment 36 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement or consent of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject- matter are used as well as their possibilities to get an appropriate remuneration for it. The providers of the user uploaded content services claim that their services are covered by the safe harbor exemption of Directive 2000/31/EC of the European Parliament and of the Council1a and either refuse to enter into licensing agreements or underpay creators, whilst at the same time they directly compete with fully licensed content providers for the same users and revenues. Those services therefore conflict with the normal exploitation of copyright protected works and subject-matter and drive down the overall value of creative content online _________________ 1a Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).
Amendment 39 #
2016/0280(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to introduce an exception or limitation to the rights of reproduction, communication to the public and making available to the public for the sole purpose of, among others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and the extraction or re-utilization of a substantial part of its contents for the purpose of illustration for teaching. TAlongside uneven application in Member States, the scope of those exceptions or limitations as they apply to digital uses is unclear. In addition, there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance. Moreover, the existing framework does not provide for a cross-border effect. This situation may hamper the development of digitally- supported teaching activities and distance learning. Therefore, the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject-matter in digitall teaching activities, including online and across borders.
Amendment 42 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher educa, higher education, formal and non-formal educational settings, especially libraries and other cultural heritage institutions, to the extent they pursue their educational activity for a non- commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non- commercial nature of the activity.
Amendment 44 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digitall uses of works and other subject- matter such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject-matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, in both formal and non- formal educational settings, especially libraries and other cultural heritage institutions, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching. Compensation mechanisms should be only used in cases where there is unreasonable prejudice to the rightholders.
Amendment 48 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions, research organisations and educational establishments, both formal and non- formal, are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation.
Amendment 49 #
2016/0280(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Different approaches in the Member States for acts of preservation by cultural heritage institutions hamper cross- border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market, leading to an inefficient use of resources. Member States should facilitate the cross-border sharing of best-practice, new technologies and preservation techniques.
Amendment 50 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 51 #
2016/0280(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should therefore be required to provide for an exception to permit cultural heritage institutions, research organisations and educational establishments, both formal and non- formal, to reproduce works and other subject-matter permanently in their collections for preservation purposes, for example to address technological obsolescence or the degradation of original supports. Such an exception should allow for the making of copies by the appropriate preservation tool, means or technology, in the required number and at any point in the life of a work or other subject-matter to the extent required in order to produce a copy for preservation purposes only.
Amendment 53 #
2016/0280(COD)
Proposal for a directive
Recital 21
Recital 21
(21) For the purposes of this Directive, works and other subject-matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned, held on long-term loan or permanently held by the cultural heritage institution, for example as a result of aresearch organisations and educational establishments, both formal and non-formal, including transfer of ownership or licence agreements.
Amendment 56 #
2016/0280(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States should, within the framework provided for in this Directive, have flexibility in choosing the specific type of mechanism allowing for licences for out-of-commerce works to extend to the rights of rightholders that are noteither not represented or not adequately represented by the collective management organisation, in accordance to their legal traditions, practices or circumstances. Such mechanisms can include extended collective licensing and presumptions of representation.
Amendment 58 #
2016/0280(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, sound recordings and audiovisual works. In order to reflect the specificities of different categories of works and other subject-matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms, specific requirements and procedures may have to be established by Member States for the practical application of those licensing mechanisms. It is appropriate that Member States consult rightholders, cultural institutions, users and collective management organisations when doing so.
Amendment 58 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor. An information society service provider should be obliged to acquire licenses for copyright protected content regardless of whether he has editorial responsibility for that content. The licenses acquired by service providers from right holders should be deemed to cover all the acts of their users, provided that they are acting for non-commercial purposes. This would provide legal certainty for individual users of such services whilst clarifying the liability of platforms.
Amendment 73 #
2016/0280(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33 a) The rights for press publishers should apply without prejudice to the rights of individuals for the reproduction, communication or providing links or extracts of a press publication to the public for private use or not-for-profit, non-commercial purposes.
Amendment 73 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, or to prevent the availability of works or other subject- matter identified by righholders on the services of information society service providers, those providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 77 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. Those technologies should not require the identity of individual users uploading content to be disclosed and should not process data relating to individual users, in accordance with Directive 95/46/EC of the European Parliament and of the Council1a, Directive 2002/58/EC of the European Parliament and of the Council1b and Regulation (EU) 2016/679 of the European Parliament and of the Council1c. On the contrary it should be limited to preventing the availability of specifically identified and duly notified works based on the information provided by rightholders and should not, therefore, lead to a general monitoring obligation. ____________________ 1a Directive95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1996, p. 31). 1b Directive2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 1cRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 78 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
Amendment 81 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The protection granted to publishers of press publications under this Directive should not affect the rights of the authors and other rightholders in the works and other subject-matter incorporated therein, including as regards the extent to which authors and other rightholders can exploit their works or other subject-matter independently from the press publication in which they are incorporated. Therefore, publishers of press publications should not be able to invoke the protection granted to them against authors and other rightholders. This is without prejudice to contractual arrangements concluded between the publishers of press publications, on the one side, and authors and other rightholders, on the other side. Member States should ensure that a fair share of remuneration, derived from the use of the press publishers right, is attributed to journalists, authors and other rightsholders.
Amendment 86 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement or agreement of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject- matter are used as well as their possibilities to get an appropriate remuneration for it. Information society service providers claim to be covered by the safe harbour exemption of Directive 2000/31/EC and either refuse to enter into licensing agreements or underpay creators, directly competing with fully licensed content providers for the same users and revenues. These services therefore conflict with the normal exploitation of copyright protected works and subject matter and drive down the overall value of creative content online.
Amendment 91 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. TIn this ever-changing digital environment the Commission should investigate all possible measures to prevent the illegal use of copyright protected visual and audiovisual content for commercial purposes, through embedding or framing techniques. In addition, this Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final.
Amendment 100 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers that store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public and reproduction, they are obliged to conclude licensing agreements with rightholders,. Information society service providers that play an active role are not exempt unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 102 #
2016/0280(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In the fields of research, education and preservation of cultural heritage, digital technologies permit new types of uses that are not clearly covered by the current Union rules on exceptions and limitations. In addition, the optional nature of exceptions and limitations provided for in Directives 2001/29/EC, 96/9/EC and 2009/24/EC in these fields may negatively impact the functioning of the internal market. This is particularly relevant as regards cross-border uses, which are becoming increasingly important in the digital environment. Therefore, the existing exceptions and limitations in Union law that are relevant for scientifacademic research, teaching and preservation of cultural heritage should be reassessed in the light of those new uses. Mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientifacademic research, illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced. For uses not covered by the exceptions or the limitation provided for in this Directive, the exceptions and limitations existing in Union law should continue to apply. Directives 96/9/EC and 2001/29/EC should be adapted.
Amendment 103 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and/or giving access to largesignificant amounts of works and other subject-matter uploaded by their users
Amendment 106 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefore. An information society service provider shall be obliged to acquire licenses for copyright protected content regardless of whether they have editorial responsibility for that content. The licenses acquired by information society service providers from rightsholders should be deemed to cover all user generated content by their users, including users that are acting for non- commercial purposes. This will provide legal certainty for individual users of such services whilst clarifying the liability of platforms.
Amendment 113 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 114 #
2016/0280(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Union law already provides certain exceptions and limitations covering uses for scientifacademic research purposes which may apply to acts of text and data mining. However, those exceptions and limitations are optional and not fully adapted to the use of technologies in scientifacademic research. Moreover, where researchers have lawful access to content, for example through subscriptions to publications or open access licences, the terms of the licences may exclude text and data mining. As research is increasingly carried out with the assistance of digital technology, there is a risk that the Union's competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining.
Amendment 114 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to largesignificant amounts of works or other subject-matter uploaded by their users shall conclude licensing agreements with rightholders. Those providers shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter. Rightholders shall provide information society service providers with the reference file, metadata or any information necessary to ensure the effective functioning of those measures.
Amendment 118 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. Those technologies should not require the identity of individual users uploading content and should not process data relating to individual users, in accordance with Directive 95/46/EC, Directive 2001/58/EC and the General Data Protection Regulation 2016/679. On the contrary it should be limited to preventing the availability of specifically identified and duly notified works based on the information provided by right holders and therefore does not lead to a general monitoring obligation.
Amendment 122 #
2016/0280(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to bare in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their contractual counterparts orand subsequent transferees or licenses, as well as their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers. The reporting and transparency obligation should follow the work across all forms of exploitation and across borders.
Amendment 124 #
2016/0280(COD)
Proposal for a directive
Recital 41
Recital 41
(41) When implementing transparency obligations, the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered. Member States should consult all relevant stakeholders as that should help determine sector-specific requirements, standard reporting statements and procedures. Collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency. To enable the adaptation of current reporting practices to the transparency obligations, a transitional period should be provided for. The transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under Directive 2014/26/EU. Directive 2014/26/EU, on the condition that Member States have transposed Directive 2014/26/EU and taken all necessary measures to ensure that the management of all collective management organisations is carried out in an effective and equitable manner. Member States should also ensure that collective management organisations act in the best interest of the rightsholders, ensuring the accurate and regular distribution of payment and production of an annual public transparency report, in compliance with Directive 2014/26/EU.
Amendment 127 #
2016/0280(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientifacademic research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit basis or in the context of a public-interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. At the same time, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.
Amendment 132 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations, not-for-profit organisations and/or citizens in order to carry out text and data mining of works or other subject-matter to which they have lawful access for the purposes of scientific research.
Amendment 133 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Information society service providers that take measures referred to in paragraph 1, shall ensure that such measures are in full compliance with Directive 95/46/EC and Directive 2002/58/EC, and the Regulation (EU) 2016/679.
Amendment 148 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 152 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4 – point 1 (new)
Article 3 – paragraph 4 – point 1 (new)
(1) Legal redress should be available for those under excessive circumstances referenced under Paragraph 3.
Amendment 159 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching or research, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 162 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment, whether formal or non-formal, or through a secure electronic network accessible only by the educational establishment's pupils or students and, teaching staff, or registered member;
Amendment 172 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences, through an easily accessible database, authorising the acts described in paragraph 1 for educational establishments.
Amendment 179 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States may provide for fair compensation for theany undue financial harm incurred by the rightholders due to the use of their works or other subject- matter pursuant to paragraph 1.
Amendment 182 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, research organisations and educational establishments, both formal and non- formal, to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the sole purposes of the preservation of such works or other subject-matter and to the extent necessary for such preserv, research and education.
Amendment 183 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education, as well as organizations such as libraries and other cultural heritage institutions providing non-formal education to the extent they pursue their educational activity for a non- commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non- commercial nature of the activity.
Amendment 186 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Member States shall, in consultation with rightholders, collective management organisations and cultural heritage institutions, ensure that the requirements used to determine whether works and other subject-matter can be licensed in accordance with paragraph 1 do not extend beyond what is necessary and reasonable and do not preclude the possibility to determine the out-of-commerce status of a collection as a whole, when it is reasonable to presume that all works or other subject- matter in the collection are out of commerce. In the event that a collective management organisation does not exist or adequately represent the rights of rightsholders, Member States should provide exceptions for cultural heritage institutions, research organisations and educational establishments, both formal and non-formal, to distribute, communicate to the public or make available out-of-commerce-works for non- commercial purposes. Member States should ensure appropriate remuneration for any unreasonable prejudice to the legitimate interests of the rightsholders and ensure that all rightsholders may at any time object to the use of their works.
Amendment 187 #
2016/0280(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure a regular dialogue between representative users' and rightholders' organisations, and any other relevant stakeholder organisations, to, on a sector-specific basis, foster the relevance and usability of the licensing mechanisms referred to in Article 7(1), including resolving issues where cultural heritage institutions activities in line with Article 7 and Article 8 are not being reasonably enabled, and ensure the effectiveness of the safeguards for rightholders referred to in this Chapter, notably as regards publicity measures, and, where applicable, assist in the establishment of the requirements referred to in the second subparagraph of Article 7(2).
Amendment 201 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. Member States should ensure that a fair share of the revenue derived from the uses of the press publishers rights is attributed to journalists.
Amendment 207 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to largesignificant amounts of works and other subject-matter uploaded by their users
Amendment 214 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to largesignificant amounts of works or other subject-matter uploaded by their users shall, conclude licensing agreements with rightholders. These services shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 231 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. Information society service providers that take measures referred to in paragraph 1, shall ensure that such measures are in full compliance with Directive 95/46/EC and Directive 2002/58/EC, and the General Data Protection Regulation 2016/679.
Amendment 232 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Licensing agreements for information society service providers that store and provide access to the public to significant amounts of copyright protected works or other subject-matter uploaded by their users 1. Information society service providers that store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public and of reproduction, shall conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council. 2. Service providers that play an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, are not eligible for the safe harbour liability exemption. 3. Licenses acquired by information society service providers shall cover all the acts of their individual users, which are not for direct or indirect economic or commercial advantage.
Amendment 236 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basisat least once a year and taking into account the specificities of each sector, accurate, timely, adequate and sufficient information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights, including subsequent transferees or licensees, notably as regards modes of promotion, exploitation, revenues generated and remuneration due.
Amendment 240 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate high level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 244 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. Member States shall ensure that sector-specific standard reporting statements and procedures are developed through stakeholder dialogues.
Amendment 244 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The protection granted to publishers of press publications under this Directive should not affect the rights of the authors and other rightholders in the works and other subject-matter incorporated therein, including as regards the extent to which authors and other rightholders can exploit their works or other subject-matter independently from the press publication in which they are incorporated. Therefore, publishers of press publications should not be able to invoke the protection granted to them against authors and other rightholders. This is without prejudice to contractual arrangements concluded between the publishers of press publications, on the one side, and authors and other rightholders, on the other side. Member States should ensure that a fair share of remuneration derived from uses of the press publishers rights is attributed to journalists.
Amendment 248 #
2016/0280(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a Unwaivable right to fair remuneration for authors and performers 1. Member States shall ensure that when authors and performers transfer or assign their right of making available to the public, they retain the right to obtain a fair remuneration derived from the exploitation of their work. 2. The right of an author or performer to obtain a fair remuneration for the making available of their work is inalienable and cannot be waived. 3. The administration of this right to fair remuneration for the making available of an authors or performers work shall be entrusted to their collective management organisations, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to authors, audio-visual authors and performers for their making available right. 4. Collective management organisations shall collect the fair remuneration from information society services making works available to the public.
Amendment 250 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers, or representatives they appoint, are entitled to request additional, appropriatefair remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances.
Amendment 251 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement or agreement of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject- matter are used as well as their possibilities to get an appropriate remuneration for it. These user uploaded content services claim to be covered by the safe harbour exemption of Directive 2000/31/EC and either refuse to enter into licensing agreements or underpay creators, whilst at the same time they directly compete with fully licensed content providers for the same users and revenues. These services therefore conflict with the normal exploitation of copyright protected works and subject matter and drive down the overall value of creative content online.
Amendment 252 #
2016/0280(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Rights reversion mechanism 1. Member States shall ensure that authors and performers that are in a contractual relationship with ongoing payment obligations, may terminate the contract by which they have licensed or transferred their rights when there is a complete absence of exploitation of their works and performances, a persistent failure to pay the remuneration agreed or a complete lack of reporting and transparency. 2. The right to terminate the contract on the transfer of licencing of rights may be exercised if within a year from the notification by the performer or author of this intention to terminate the contract, the contracting party fails to fulfil its contractual obligation with regards to the payment of the remuneration agreed. With regards to the absence of exploitation of a work and the complete lack of reporting and transparency the right to terminate the contract on the transfer or licencing of rights may be exercised if within five years from the notification by the performer or author of their intention to terminate the contract, the contracting party fails to fulfil its contractual obligations. 3. Member States may decide that the obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performance.
Amendment 264 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 271 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor. An information society service provider should be obliged to acquire licences for copyright protected content regardless of whether the provider has editorial responsibility for that content. The licences acquired by service providers from right holders should be deemed to cover all the acts of their users, provided that they are acting for non-commercial purposes. This will provide legal certainty for individual users of such services whilst clarifying the liability of platforms.
Amendment 298 #
2016/0280(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) In order to promote best practices with regard to the protection of rightholders and copyright protected works on digital content platforms, Member States should encourage industry agreements between digital content platforms and rightholders, and if necessary the Commission may bring forward proposals for a Code of Conduct at a later date.
Amendment 303 #
2016/0280(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to bare in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their contractual counterparts orand subsequent transferees or licenses, as well as their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers. The reporting and transparency obligation should follow the work across all forms of exploitation and across borders.
Amendment 308 #
2016/0280(COD)
Proposal for a directive
Recital 41
Recital 41
(41) When implementing transparency obligations, the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered. Member States should consult all relevant stakeholders as that should help determine sector-specific requirements and standard reporting statements and procedures. Collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency. To enable the adaptation of current reporting practices to the transparency obligations, a transitional period should be provided for. The transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under Directive 2014/26/EU, on the condition that Member States have transposed Directive 2014/26/EU and taken all necessary measures to ensure that the management of all collective management organisations is carried out in a sound, prudent and appropriate manner. Member States should also ensure that collective management organisations act in the best interest of the right holders whose rights they represent and regularly, diligently and accurately distribute and pay amounts due to rightholders and make public an annual transparency report, in full compliance with Directive 2014/26/EU.
Amendment 332 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – introductory part
Article 2 – paragraph 1 – subparagraph 1 – introductory part
‘research organisation’ means a university, a research institute or any other organisation the primary goal of which is to conduct scientifacademic research or to conduct scientifacademic research and provide educational services:
Amendment 333 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point a
Article 2 – paragraph 1 – subparagraph 1 – point a
(a) on a non-for-profit basis or by reinvesting all the profits in its scientifacademic research; or
Amendment 334 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
in such a way that the access to the results generated by the scientifacademic research cannot be enjoyed on a preferential basis by an undertaking exercising a decisive influence upon such organisation;
Amendment 357 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawful access for the purposes of scientifacademic research.
Amendment 370 #
2016/0280(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) Despite the fact that more creative content is being consumed today than ever before, on services such as user- uploaded content platforms and content aggregation services, yielding significant profits, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. The value of cultural and creative works has been diverted away from the authors, artists, producers and others rights holders, generating an unsustainable "value gap". This transfer of value, due to the lack of clarity regarding the status of these online services under copyright and e-commerce law, undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online. It also limits consumer choice for new and innovative legitimate services in the European Digital Single Market and puts at risk cultural and creative industries that create significant jobs and growth for EU economy, as underlined by the European Parliament resolution of 13 December 2016 on a "coherent EU policy for cultural and creative industries (2016/2072(INI))"
Amendment 376 #
2016/0280(COD)
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37 b) Digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; consideration is to be made of how this process can function with more legal certainty and fairness and respect for right holders; importance of transparency and of ensuring a level playing field is necessary; in this regard, protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment, to guarantee the success of a Digital Single Market, offering all diverse and quality cultural and creative works.
Amendment 379 #
2016/0280(COD)
Proposal for a directive
Recital 37 c (new)
Recital 37 c (new)
(37 c) This is why liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.
Amendment 388 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 389 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) ensures the fair remuneration of the rightholders for the use of their works or other subject-matter.
Amendment 407 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14, it is necessary to verify whether the service providerthe application of Article 14 of the Directive 2000/31/EC, unless it has been ascertained that the role of the service provider is of a purely passive nature, the service provider would not be eligible for the liability exemption of Article 14 of the Directive 2000/31/EC and would be deemed to plays an active role, including by optimising. An active role includes, inter alia, optimisation for the purpose of the presentation by the service of the uploaded works or subject-matter or their promoting themon by the service, irrespective of the nature of the means used therefor. A service provider can be deemed active even where it has no editorial control over the content which it makes available.
Amendment 430 #
2016/0280(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38 a) The EU copyright framework aims at providing a high level of protection, especially for authors, which is crucial in order to maintain the dynamism of European intellectual creation. The EU copyright framework should remain consistent with this objective and therefore should not introduce unnecessary, unbalanced and unjustified exceptions such as an exception for "user generated content", where the issues related to the use of works or other subject-matters by users comes from the interpretation made of the rules applicable to online service providers that play an active role in distributing the contents. In order to clarify the situation and provide legal certainty, the liability of online service providers which give access to user generated content should be clarified. In this regard, such online service providers should not be covered by the liability exemption and licencing agreements concluded with rightholders should cover the acts of users who do not act on a professional basis.
Amendment 442 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. In accordance with Directive 95/46/EC, Directive 2002/58/EC and the General Data Protection Regulation, those technologies should not require the identification of individual users and the processing of their personal data and therefore should not lead to general monitoring obligation.
Amendment 451 #
2016/0280(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) The use of technical measures is essential for online licensing and rights management purposes, and content recognition technologies in particular are readily available and affordable. Such technical measures do not require the identity of uploaders and involve targeted technical cooperation between rightholders and information service providers, based on the data provided by rightholders. Provided they are used in such a way, the use of technical measures is fully compatible with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights. In order to promote collaboration between rightholders and information society services providers, Member States should encourage industry agreements between rightholders and information society services, and if necessary the Commission may bring forward proposals for a Code of Conduct at a later date.
Amendment 460 #
2016/0280(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to bare in a weaker contractual position when they grant licences or transfer their rights, they need accurate information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their contractual counterparts orand subsequent transferees or licences, as well as their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers. The reporting and transparency obligation should follow the work across all form of exploitation and across borders.
Amendment 464 #
2016/0280(COD)
Proposal for a directive
Recital 41
Recital 41
(41) When implementing transparency obligations, the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered. Member States should consult all relevant stakeholders as that should help determine sector-specific requirements and standard reporting statements and procedures. Collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency. To enable the adaptation of current reporting practices to the transparency obligations, a transitional period should be provided for. The transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under Directive 2014/26/EU, on the condition that Member States have transposed Directive 2014/26/EU and taken all necessary measures to ensure that the management of all collective management organisations is carried out in a sound, prudent and appropriate manner. Member States should also ensure that collective management organisations act in the best interest of the right holders whose rights they represent and regularly, diligently and accurately distribute and pay amounts due to rightholders and make public an annual transparency report, in full compliance with Directive 2014/26/EU.
Amendment 496 #
2016/0280(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The processing of personal data carried out within the framework of this Directive shall be subject to Directive 95/46/EC and the General Data Protection Regulation.
Amendment 502 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Member States may ensure that a fair share of the revenue derived from the uses of press publishers' rights is attributed to journalists.
Amendment 522 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and/or provide to the public access to largesignificant amounts of works or other subject-matter uploaded by their users shall conclude licensing agreements with rightholders. These services shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter. Rightholders shall provide information society service providers with the reference file, metadata or any information necessary to ensure the effective functioning of those measures.
Amendment 536 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Amendment 540 #
2016/0280(COD)
Proposal for a directive
Article 13 b (new)
Article 13 b (new)
Article 13b Use of protected content by automated image referencing information society services 1. Information society services that automatically reproduce or refer to significant amounts of visual works of art for the purpose of indexing and referencing shall conclude licensing agreements with right holders in order to ensure the fair remuneration of visual authors. 2. The licences acquired by information society services shall cover all the acts of their individual users, which are not for direct or indirect economic or commercial advantage.
Amendment 541 #
2016/0280(COD)
Proposal for a directive
Article -14 (new)
Article -14 (new)
Amendment 546 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basisat least once a year and taking into account the specificities of each sector, accurate, timely, adequate and sufficient information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights, including subsequent transferees or licensees, notably as regards modes of promotion, exploitation, revenues generated and remuneration due.
Amendment 552 #
2016/0280(COD)
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate high level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency, as well as a right of authors to audit.
Amendment 557 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States shall ensure that sector-specific standard reporting statements and procedures are developed through stakeholder dialogues.
Amendment 591 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or other educational venue, such as cultural heritage institutions, or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff;
Amendment 593 #
2016/0280(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Directive 96/9/EC
Article 6(2), point (b)
Article 6(2), point (b)
(b) where there is use for the sole purpose of illustration for teaching or scientifacademic research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved, without prejudice to the exceptions and the limitation provided for in Directive [this Directive];
Amendment 595 #
2016/0280(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Directive 96/9/EC
Article 9, point (b)
Article 9, point (b)
(b) in the case of extraction for the purposes of illustration for teaching or scientifacademic research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved, without prejudice to the exceptions and the limitation provided for in Directive [this Directive];
Amendment 598 #
2016/0280(COD)
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Directive 2001/29/EC
Article 5(3), point (a)
Article 5(3), point (a)
(a) use for the sole purpose of illustration for teaching or scientifacademic research, as long as the source, including the author's name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved, without prejudice to the exceptions and the limitation provided for in Directive [this Directive];
Amendment 617 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments and cultural heritage institutions.
Amendment 739 #
2016/0280(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 747 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications and shall ensure that a fair share of the revenue derived from the uses of the press publishers right is attributed to journalists and other employees.
Amendment 756 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 761 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Member States shall provide publishers of press publications with an unwaivable right to obtain equitable remuneration for the use of their press publications.
Amendment 791 #
2016/0280(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or athat publisher is a rightholder by virtue and to the extent of such a transfer or a licence. Therefore, this transfer or licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception, statutory collective licensing or limitation to the transferred or licensed right.
Amendment 819 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate, and shall ensure the protection of individual user data as far as possible, in compliance with Directive 95/46/EC and Directive 2002/58/EC, and the General Data Protection Regulation. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 867 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Licensing agreements for information society service providers that store and/or provide access to the public to significant amounts of copyright protected works or other subject-matter uploaded by their users 1. Information society service providers that store and/or provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public and of reproduction, shall conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council. 2. Service providers that play an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, are not eligible for the safe harbour liability exemption. 3. Licenses acquired by information society service providers shall cover all the acts of their individual users, which are not for direct or indirect economic or commercial advantage.
Amendment 868 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Protection of audiovisual authors for the making available of their works 1. Member States shall ensure that when an audiovisual author has transferred or assigned his making available right to a producer, that author shall retain the right to obtain a fair and proportionate remuneration. 2. This right to obtain a fair and proportionate remuneration for the making available of the author's work is inalienable and cannot be waived. 3. The administration of this right to obtain a fair and proportionate remuneration for the making available of the author's work shall be entrusted to collective management organisations representing audiovisual authors, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to audiovisual authors for their making available right. 4. Authors' collective management organisations shall collect the fair and proportionate remuneration from audiovisual media services making audiovisual works available to the public.
Amendment 882 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis, and no less than once a year and taking into account the specificities of each sector, timely, adequate and sufficientaccurate and comprehensive information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, including subsequent transferees or licensees, notably as regards modes of exploitation, promotion, revenues generated and remuneration due.
Amendment 883 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, accurate, timely, adequate and sufficient information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights,including subsequent transferees or licensees, notably as regards modes of promotion, exploitation, revenues generated and remuneration due.
Amendment 893 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequccurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 901 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 902 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate high level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency, as well as author's right to audit.
Amendment 908 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. Member States shall ensure that sector-specific standard reporting statements and procedures are developed through stakeholder dialogues.
Amendment 909 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 918 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that the obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performanceshall ensure that the representative organisations of relevant stakeholders determine sector- specific standard reporting statements and procedures and foster automated processing making use of digital technologies and international identifiers of works.
Amendment 923 #
2016/0280(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a Unwaivable right to equitable remuneration 1. Member States shall ensure that when a performer or audiovisual author has transferred or assigned his making available right to a producer, that performer or audiovisual author shall retain the right to obtain an equitable remuneration. 2. This right to obtain an equitable remuneration for the making available of the performer or audiovisual author's work is inalienable and cannot be waived. 3. The administration of this right to obtain an equitable remuneration for the making available of the performer or audiovisual author's work shall be entrusted to collective management organisations representing audiovisual authors and/or performers, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to performers or audiovisual authors for their making available right. 4. Performers' and audiovisual authors' collective management organisations shall collect the equitable remuneration from audiovisual media services making works available to the public.
Amendment 929 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1 Member States shall ensure that authors and performers are entitled to a proportionate remuneration of the revenues derived from all modes of exploitation and every use of their works.
Amendment 939 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers, or representatives they appoint, are entitled to request additional, fair, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when, or their successor in title, when it is duly justified to claim that the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances.
Amendment 940 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to request additional, appropriatequitable remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances.
Amendment 956 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Member States shall ensure that representative organisations of authors and performers may make the claim for additional, equitable remuneration on behalf of their members.
Amendment 964 #
2016/0280(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall provide that disputes concerning the transparency obligation under Article 14 and the contract adjustment mechanism under Article 15 may be submitted to a voluntary,n alternative dispute resolution procedure.
Amendment 969 #
2016/0280(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Member States shall ensure that representative organisations of authors and performers may represent their members in the alternative dispute resolution procedure.
Amendment 18 #
2016/0278(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive is designed for the benefit of persons who are blind, have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment, or have a perceptual or reading disability, including dyslexia, preventing them from reading printed works to substantially the same degree as persons without such disability, or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disabilityimpairment. The objective of the measures introduced by this Directive is to improve the availability of books, journals, newspapers, magazines and other writings, sheet music and other print material, including in audio form, whether digital or analogue, in formats that make those works and other subject-matter accessible to those persons to substantially the same degree as to persons without an impairment or disabilityho are not blind, visually impaired or otherwise print disabled, without compromising the quality of the content. Accessible formats include Braille, large print, adapted e-books, audio books and radio broadcasts.
Amendment 22 #
2016/0278(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should therefore provides for mandatory exceptions to the rights that are harmonised by Union law and are relevant for the uses and works covered by the Marrakesh Treaty. These include in particular the rights of reproduction, communication to the public, making available, distribution and lending, as provided for in Directive 2001/29/EC, Directive 2006/115/EC, and Directive 2009/24/EC, as well as the corresponding rights in Directive 96/9/EC. As the scope of exceptions and limitations required by the Marrakesh Treaty also includes works in audio form, like audiobooks, it is necessary that these exceptions also apply to related rights.
Amendment 25 #
2016/0278(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Uses laid down in this Directive include the making of accessible format copies by either the beneficiary persons or authorised entities serving their needs — whether public or private organisations, in particular libraries, schools, universities, training centres, educational establishments and other non-profit organisations that serve persons with a print disability as their main or one of their main activities or public interest missions —. Those uses should alsIt is also necessary for those uses to include making accessible format copies, for the exclusive use of the beneficiary persons, by a natural person who does so on behalf of a beneficiary person or who assists the beneficiary person in doing so.
Amendment 27 #
2016/0278(COD)
Proposal for a directive
Recital 8
Recital 8
(8) TIt is also necessary for the mandatory exception should alsto limit the right of reproduction so as to allow for any act that is necessary in order to make changes to or convert or adapt a work or other subject- matter in such a way as to produce an accessible format copy. This includes providing the necessary means to navigate information in an accessible format copy.
Amendment 28 #
2016/0278(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The exception shouldwill allow authorised entities to make and disseminate online and offline within the Union accessible format copies of workscurrent works, archived material or other subject-matter covered by this Directive.
Amendment 35 #
2016/0278(COD)
Proposal for a directive
Recital 10
Recital 10
(10) It shouldwill be possible for accessible format copies made in one Member State to be available in all Member States, in order to ensure their greater availability across the internal market. This would reduce the demand for redundant work in producing accessible format copies of the same work or other subject matter across the Union, thus generating savings and efficiency gains. This Directive shouldwill therefore ensure that accessible format copies made in one Member State may be circulated to and accessed by beneficiary persons and authorised entities in all Member States. An authorised entity should thus be able to disseminate those copies, offline or online, to beneficiary persons and authorised entities in any Member State. Moreover, authorised entities and beneficiary persons should be allowed to obtain or have access to those copies from any authorised entity in any Member State.
Amendment 39 #
2016/0278(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In view of the specific nature of the exception, its targeted scope and the need for legal certainty for its beneficiaries, Member States shouldwill not be allowpermitted to impose additional requirements for the application of the exception, such as compensation schemes or the prior verification of the commercial availability of accessible format copies.
Amendment 47 #
2016/0278(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The Commission will monitor the effect of this Directive. As part of this, it will assess the situation regarding the availability in accessible formats of works and other subject-matter other than those covered by this Directive, as well as the availability of works and other subject- matter in accessible formats for persons with other disabilitieimpairments. The Commission will review the situation closely. Changes to the scope of this Directive may be considered, if necessary.
Amendment 51 #
2016/0278(COD)
Proposal for a directive
Recital 18
Recital 18
(18) This Directive therefore respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. TIt is necessary that this Directive ishould be interpreted and applied in accordance with those rights and principles.
Amendment 53 #
2016/0278(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The Marrakesh Treaty imposes certain obligations regarding the exchange of accessible format copies between the Union and third countries that are parties to the Treaty. The measures taken by the Union to fulfil those obligations are contained in Regulation […] which should be reaneeds to be consulted in conjunction with this Directive.
Amendment 60 #
2016/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘work and other subject-matter’ means a work in the form of a book, journal, newspaper, magazine or other writing, including sheet music,literary, academic or artistic work in the form of text, notation and/or related illustrations, in any media, including in audio forms such as audiobookscluding sheet music, which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available; in books, e-books, journals, newspapers, magazines or other writing, and in any media form, including in audio form, such as audiobooks and radio broadcasts.
Amendment 62 #
2016/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point d
Article 2 – paragraph 1 – point 2 – point d
(d) a person who is otherwise unable, due to a physical disabilityimpairment, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading.
Amendment 64 #
2016/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘authorised entity’ means an organisation providingor governmental institution certified or recognised by the Member State, and operating on a basis of trust, which provides access to education, instructional training, adaptive reading or, information access to, care or services for beneficiary persons, on a non-profit basis, as its main activity or as one of its main activities or, public- interest missions or institutional obligations.
Amendment 69 #
2016/0278(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that the accessible format copy respects the integrity of the work or other subject- matter, having due consideration for the changes required to make the work accessible in the alternative format for the different needs of beneficiary persons.
Amendment 51 #
2016/0152(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have been removed across the Union in certain services sectors as a result of the implementation of Directive 2006/123/EC, in terms of material scope, consistency should be ensured between this Regulation and Directive 2006/123/EC. As a consequence, the provisions of this Regulation should apply inter alia to non- audio-visual electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, subject however to the specific exclusion provided for in Article 4 and the subsequent evaluation of that exclusion as provided for in Article 9. Audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses, are for now excluded from the scope of this Regulation, pending a comprehensive review of the legislation. Access to retail financial services, including payment services, should therefore also be excluded, notwithstanding the provisions of this Regulation regarding non-discrimination in payments.
Amendment 134 #
2016/0152(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be regularly evaluated, with a view to proposing amendments where necessary. The first evaluation should concentrate, in particular, on the possible extension of the prohibition of Article 4(1)(b) to electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, pending a comprehensive review of the legislation affecting those services and provided that the trader has the requisite rights for the relevant territories.
Amendment 12 #
2016/0062(NLE)
Motion for a resolution
Citation 7
Citation 7
– having regard to the provisions of the UN legal instruments in the sphere of human rights, in particular those concerning women’s rights, such as the UN Charter, the Universal Declaration of Human Rights, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1951 Convention relating to the Status of Refugees and the principle of non-refoulement, the United Nations Convention on the rights of the Child and the United Nations Convention on the rights of persons with disabilities,
Amendment 63 #
2016/0062(NLE)
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
– having regard to the European Parliament Policy Department for Citizens’ Rights and Constitutional Affairs study “Knowledge and Know- How: The Role of Self-Defence in the Prevention of Violence against Women”, in particular in relation to the contribution of self-defence training to implementing Art. 12 of the Istanbul Convention,
Amendment 91 #
2016/0062(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and gender-based violence are widespread in the EU and represent one of the world’s most widespread human rights violations, affecting all levels of society, regardless of age, education, income, social position and country of origin or residence, and representing a major hindrance to equality between women and men; whereas further measures are needed to encourage women who have been the victims of violence to report their experiences and seek assistance, and to ensure that they receive appropriate support in line with their needs and, that they are informed about their rights and that perpetrators are prosecuted;
Amendment 100 #
2016/0062(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas violence against women is linked to the unequal distribution of power between women and men, to sexism and gender stereotypes, that have led to domination over and discrimination against women by men and to the prevention of women’s full advancement;
Amendment 101 #
2016/0062(NLE)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas women victims of violence in the EU are not equally protected against gender-based violence, due to the different national legislations and the lack of an European strategy that contains a legislative binding act to prevent and fight the violence against women;
Amendment 141 #
2016/0062(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas certain women with special necessities or a vulnerable background face greater risk of violence because of motives fuelled by sexism coupled with racism, xenophobia, homophobia, transphobia and intersexphobia as well as discrimination based on sex, age, disability, ethnicity, sexual orientation or religion; whereas women in Europe face intersecting and multiple forms of discrimination that prevents them from accessing to justice and support and protection services, and from enjoying their fundamental rights;
Amendment 148 #
2016/0062(NLE)
Motion for a resolution
Recital F
Recital F
F. whereas only a mix of policies combining legislative and non-legislative measures, including infrastructural, legal, judicial, cultural, educational, social and health actions, and measures to facilitate victims’ access to housing and employment can significantly reduce violence against women and gender-based violence and its consequences; whereas cooperation with civil society, and women’s organisations in particular, is also important;
Amendment 195 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, rape, forced marriagepsychological and physical violence, stalking, sexual harassment, sexual violence and rape, forced marriage, female genital mutilation, forced sterilisation and forced abortion, the so- called “honour-crimes” and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girls; violation of the human rights and dignity of women and girlsstresses that the Istanbul Convention ensures that culture, custom, religion, tradition or so-called “honour” cannot be a justification for any acts of violence against women;
Amendment 273 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point j
Paragraph 5 – point j
(j) To actively promote a change in attitudes and behaviours and combat gender stereotypes and sexism, making concerted efforts to encourage everyone, including men and boys, as well as civil and religious leaders, to play an active part in preventing all forms of violence; to improve and promote self-defence training initiatives for women and girls as an effective means of combating gender stereotypes and of preventing gender- based violence;
Amendment 275 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point j
Paragraph 5 – point j
(j) To actively promote a change in attitudes and behaviours and combat gender stereotypes and sexism, making concerted efforts to encourage everyone, including men and boys, to play an active part in preventing all forms of violence; underlines the importance of addressing the key role played by media in this field;
Amendment 304 #
2016/0062(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to submit apresent as soon as possible, a comprehensive European strategy for preventing and combating gender-based violence, which should contain a binding legal act to support Member States in the prevention and suppression of all forms of violence against women and girls and of gender- based violence;
Amendment 316 #
2016/0062(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls, once again, on the Commission to set up a European monitoring Observatory on gender violence (along the lines of the current European Institute for Gender Equality), to be led by a European coordinator for the prevention of violence against women and girls, who would act as representative of the EU to the Committee of the parties at the Council of Europe once the Istanbul Convention is ratified by the EU;
Amendment 4 #
2015/2351(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to the United Nations Convention on the Rights of the Child,
Amendment 6 #
2015/2351(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to its resolution of 19 January 2016 on the role of intercultural dialogue, cultural diversity and education in promoting EU fundamental values,
Amendment 43 #
2015/2351(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas young people are the future and should be seen as a resource with tremendous potential for the future of European societies;
Amendment 44 #
2015/2351(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas it is crucial to incorporate a gender perspective into youth policies which takes into account the specific circumstances and challenges faced by young women and girls, at all stages of the policy process; whereas specific gender-sensitive measures must be included in youth policy on issues such as fighting violence against women and girls, sex and relationship education, and education on gender equality;
Amendment 45 #
2015/2351(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas the needs of young people suffering from multiple discrimination, including young people with disabilities or with mental health conditions, and young people identifying themselves as LGBTI, must also be given special consideration when designing and implementing youth policies;
Amendment 46 #
2015/2351(INI)
Motion for a resolution
Recital I d (new)
Recital I d (new)
Id. whereas social inclusion and social mobility must be central priorities of European youth strategy, and it must therefore specifically target young people from vulnerable groups, such as young people facing poverty and social exclusion, young people from isolated rural areas or those from marginalised communities such as ethnic minorities or refugees and asylum seekers;
Amendment 82 #
2015/2351(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the value of including an intergenerational dimension to youth policies and the need to create better dialogue between different generations;
Amendment 120 #
2015/2351(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need to include elements of entrepreneurial learning at all levels of education and training, which should be gender-sensitive and include a social dimension that addresses such subjects as fair trade, social enterprises, and alternative business models, such as co- operatives, in order to strive towards a more social, inclusive and sustainable economy, and the need to promote and uphold policies to foster youth entrepreneurship in the cultural and creative field in order to create jobs;
Amendment 128 #
2015/2351(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the creative industries are amongst the most entrepreneurial and fast growing sectors, and creative education develops transferable skills such as creative thinking, problem- solving, teamwork, and resourcefulness; acknowledges that arts and media sectors are of particular appeal to young people;
Amendment 141 #
2015/2351(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the importance of the validation of skills that have been acquired through informal, non-formal and lifelong learning as their validation is crucial in making visible the diverse and rich learning of individuals and contributes to the development of values, aptitudes and skills for young people as well as for learning about citizenship and democratic involvement and social entrepreneurship;
Amendment 161 #
2015/2351(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Invites the Member States and the Commission to establish innovative and flexible grants for nurturing talent in the field of culture and education;
Amendment 163 #
2015/2351(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission and Member States to pursue youth and education programmes that empower and facilitate young women and girls entrance into traditionally male-dominated sectors where they are under-represented, such as entrepreneurship, ICT or science, technology, engineering, and mathematics (STEM);
Amendment 166 #
2015/2351(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Reiterates the enormous potential of synergies between STEM (Science, Technology, Engineering, Mathematics) and ICT sectors and the fields of arts and design, and the creative industries, making STEM into STEAM (Science, Technology, Engineering, Art, Mathematics), and emphasises the potential of such synergies bringing more young people, particularly women and girls into STEM fields;
Amendment 167 #
2015/2351(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Recalls that young women and men of different socio-economic circumstances face different labour-market conditions at different ages; calls on the Commission and Member States to include such gender-specific and socio-economic considerations in the design and implementation of youth and labour market policies such as the Youth Guarantee;
Amendment 168 #
2015/2351(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of strategic investment, including from the European Structural and Investment Funds, for regional development, competitiveness and the creation of high-quality traineeships, apprenticeships and sustainable jobs; notes that special attention should be paid to young people who are neither in employment nor in education and training, so-called NEETs; highlights that young women are more likely to be economically inactive than their male counterparts;
Amendment 191 #
2015/2351(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges the Member States to invest more and not to cut their national budget funding for youth policies, the arts, culture and education;
Amendment 200 #
2015/2351(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for stronger partnerships between youth organisations and public authorities; considers the role of youth, arts and sports organisations in developing young people’s participatory skills and in improving the quality of the decision-making process especially important;
Amendment 205 #
2015/2351(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the vital importance of sportsinformal and non-formal learning, arts, sports, volunteering and social activities for encouraging youth participation;
Amendment 220 #
2015/2351(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to tmake advantage of the dynamism of social media in education, training and youth participationthe most of new digital tools and fully exploit the opportunities offered by social media in education, training, to provide targeted high quality media training encouraging the development of media literacy and critical thinking, and to promote and encourage youth participation in decision making as well as in the civic, cultural and social life of society;
Amendment 56 #
2015/2342(INI)
Motion for a resolution
Recital E
Recital E
E. whereas vulnerable people, in particular women, but also children,groups such as unaccompanied minors and women; women heads of household; pregnant women; people with disabilities, people in need of urgent medical treatment and the elderly, who are particularly exposed to all kinds of dangers, namelysexual and gender-based violence, trafficking, and abuse,re often subject to multiple harms at their country of origin, in transit and at their destination and should be urgently protected and granted humanitarian protection as part of theira complement to resettlement;
Amendment 204 #
2015/2342(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the crucial role of women in cases ofwith regards to forced displacement, not only as they arebeing more vulnerable to certain abuses, but also because ofin regards to the role they play in responding to emergencies, their socioeconomic contributions and their active participation in conflict resolution and prevention; notes that a focus on women’'s empowerment is therefore necessaryand greater role as decision-makers is central to addressing the deeper causes of forced displacement; reiterates the importance of adding a gender perspective to the EU policies addressing movements of migrants and refugee and gendered power relations, and that it is necessary that a gender perspective is applied to EU policies on refugee and migrant movements;
Amendment 210 #
2015/2342(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that children – particularlyvulnerable groups - including women, unaccompanied ones –minors, people with disabilities and the elderly - are particularly vulnerable to abuse, includingat great risk of sexual and gender- based violence, even once they have reached places deemed secure; calls for these groups to be given special assistance and humanitarian protection as part of their resettlementa complement to resettlement and to be prioritised in gender-sensitive reception procedures with a greater adherence to minimum standards, and more efficient family reunification provisions;
Amendment 1 #
2015/2325(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Article 8 and Article 78 of the Treaty on Functioning of the European Union (TFEU),
Amendment 2 #
2015/2325(INI)
Motion for a resolution
Citation 5
Citation 5
– having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and to General Recommendation No. 32 (2014) of the CEDAW Committee on the gender related dimensions of the refugee status, asylum, nationality and the statelessness of women,
Amendment 3 #
2015/2325(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the Commission communication of 27 May 2015 entitled 'EU Action Plan against migrant smuggling (2015 – 2020)',
Amendment 4 #
2015/2325(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third country nationals,
Amendment 5 #
2015/2325(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
- having regard to Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection,
Amendment 6 #
2015/2325(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to Regulation (EC) 862/2007 on Community statistics on migration and international protection,
Amendment 7 #
2015/2325(INI)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
- having regard to Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third country national or a stateless person,
Amendment 8 #
2015/2325(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to United Nations Security Council Resolutions (UNSCR) 1325 and 1820 on women, peace and security,
Amendment 21 #
2015/2325(INI)
Motion for a resolution
Recital B
Recital B
B. whereas women and girls seeking asylum have specific protection needs which require that the implementation of all asylum policies be gender sensitive;
Amendment 30 #
2015/2325(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas many refugees who have arrived in Europe live in makeshift conditions in camps or on the streets, and women and girls are especially vulnerable;
Amendment 55 #
Amendment 83 #
2015/2325(INI)
Motion for a resolution
Subheading 2
Subheading 2
Amendment 86 #
2015/2325(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for a new, comprehensive set of EU-wide gender guidelines to be adopted as part of wider reforms to migration and asylum policy, which take full account of the social, cultural and political dimensions of persecution and relate to both substantive and procedural issues;
Amendment 88 #
2015/2325(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on all Member States to adopt asylum procedures and develop training programmes which are sensitive to the needs of women with multiple marginalised identities including LGBTI women; urges all Member States to combat harmful stereotypes about the behaviour or characteristics of LGBTI women and to fully apply the Charter of Fundamental Rights in respect of their asylum claims;
Amendment 89 #
2015/2325(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights that gendered forms of violence, including but not limited to FGM, forced marriage, domestic violence, rape and sexual violence and so-called honour crimes, constitute persecution and this should be reflected in new gender guidelines;
Amendment 98 #
2015/2325(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes the Commission’s proposal to establish a common EU list of safe countries of origin; demands that all appropriate steps be taken to ensure that this approach is consistent with the principle of non-refoulement and that the rights of women, children and other vulnerable groups are not undermined; calls for gender differentiation to be applied; believes that claims based on fear of gender-based violence or discrimination should never be subject to accelerated asylum proceduresany list of safe countries of origin should never result in less favourable procedural treatment for women whose claims for asylum are based on fear or experience of gender based violence;
Amendment 120 #
Amendment 126 #
2015/2325(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges all Member States to provide specialised trauma counselling for women who have experienced gender-based harm which is available at all stages of the asylum process;
Amendment 127 #
2015/2325(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Urges all Member States to provide up to date and accessible information about the asylum process, rights and entitlements specific to women seeking asylum;
Amendment 128 #
2015/2325(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Stresses the crucial importance of providing childcare during screening and asylum interviews, in order to ensure a fair opportunity to make an asylum claim;
Amendment 139 #
2015/2325(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines the right of women to lodge a claim for asylum independent of their spouse as key to women's empowerment and the principle of non-- refoulement; urges Member States to inform all women of their right to make an independent claim for asylum;
Amendment 142 #
2015/2325(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Welcomes the development of a new training module on Gender, Gender Identity and Sexual Orientation by the European Asylum Support Office (EASO); calls for the full incorporation of gender mainstreaming and gender budgeting into the work of the EASO through gender focal points and formal liaison with the European Institute for Gender Equality (EIGE); calls for Country of Origin information which includes the situation of women, both legally and de facto, including information about the persecution, or threat thereof, by non-state actors;
Amendment 144 #
2015/2325(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Encourages all Member States to make full use of the Dublin Regulation to ensure that families are able to be together and have their asylum claims processed by the same authorities;
Amendment 148 #
2015/2325(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and the Member States to take immediate measures to ensure that reception conditions are safe, humane, and adequate, with separate accommodation and sanitation facilities for women and families;
Amendment 153 #
2015/2325(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the need to develop alternatives to detention including engagement focused approaches which meet the needs of vulnerable groups;
Amendment 158 #
2015/2325(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that many women asylum seekers and refugees have experienced extreme violence and that detention may exacerbate their trauma; calls for an immediate end, in all Member States, to the detention of pregnant women seeking asylum and the detention ofchildren, pregnant and nursing women and survivors of rape and, sexual violence and trafficking;
Amendment 164 #
2015/2325(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the urgent need for independent investigations into all allegations of abuse at places of immigration detention and for access to be granted to journalists and civil society organisations;
Amendment 169 #
2015/2325(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges all Member States to reintroduce maximum limits to the duration of detention prior to removal towhich are below the limit stipulated in the Return Directive; considers that prolonged detention disproportionately harms vulnerable groups;
Amendment 175 #
2015/2325(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission, Member States, and local authorities to work together with civil society and human rights organisations to alleviate the plight of refugees surviving in makeshift conditions, particularly in respect of vulnerable women and girls;
Amendment 180 #
2015/2325(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to develop and implement specific measures to facilitate labour market participation of women refugees and asylum seekers, including language classes, lifelong learning and training; calls on the Commission, Member States and local authorities to guarantee the right of refugee girls to access statutory education; highlights the importance of informal, non-formal education and cultural exchange in including and empowering young women and girls; stresses the importance of widening access to higher education for women refugees; calls for robust and transparent procedures for recognising qualifications obtained abroad;
Amendment 186 #
2015/2325(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission and Member States to make funding and other resources available for civil society and human rights organisations that provide assistance, promote inclusion, and monitor the situation of refugees and asylum seekers in the EU, particularly in respect of addressing the barriers and vulnerabilities experienced by women and girls;
Amendment 192 #
2015/2325(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Encourages Member States to make use of the Structural and Investment Funds in addition to the Asylum, Migration and Integration Fund to promote refugees' integration into the labour market, with a particular focus on childcare;
Amendment 199 #
2015/2325(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for comprehensive and adequately resourced programmes to address the unmet short and long term health needs of women refugees, including psychosocial and trauma counselling;
Amendment 200 #
2015/2325(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Emphasises the important positive role that social enterprises and alternative business models such as mutuals and cooperatives can play in economically empowering women refugees and integrating them into labour markets, as well as the social and cultural spheres;
Amendment 201 #
2015/2325(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Encourages the sharing of best practice amongst Member States on the involvement of grassroots community- based organisations in representing the views of refugee and asylum-seeking women to policymakers, as well as direct participation by women and girls themselves;
Amendment 16 #
2015/2281(INI)
Motion for a resolution
Recital A
Recital A
A. whereas formal, non-formal and informal education and training should not be aimed only at meeting labour market needs, but should constitute a value in themselves, since education has an equally important role in developing ethical and civic virtalues and honourstrengthening the democratic principles on which Europe is founded;
Amendment 28 #
2015/2281(INI)
Motion for a resolution
Recital B
Recital B
B. whereas not all Member States nor indeed individuals and groups in Member States are facing the same type and level of challenges, and this means that any recommendations proposed for education and training should be flexible and should be tailored to national economies, demographies and cultures, while improving the situation in the European Union as a whole;
Amendment 39 #
2015/2281(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the ET 2020 Monitor shows that the main challenge we are facing today is educational poverty and the poor inclusion of those with a low socio- economic background. Therefore a stronger social focus is needed in order to reach the ET 2020 targets and improve the inclusiveness and the quality of the education and training systems;
Amendment 57 #
2015/2281(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the new generation of ET2020 Working Groups, and calls on the Commission to improve the representation of different stakeholders in those groups, notably by including more education experts and educators, youth workers and representatives of civil society; stresses the need for better dissemination of the groups’ deliverables, at both national and EU level;
Amendment 84 #
2015/2281(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out the value of a community- based approach to formal, non-formal and informal education and strong links between schoollearning settings and families; calls for the wider participation of all relevant actors (such as the European Parents Association) in the work of ET2020in the work of ET2020; is of the opinion that learners themselves must be encouraged to actively participate in the governance of their learning structures, at all ages and in all types of learning;
Amendment 85 #
2015/2281(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out the value of a community- based approach to education and strong links between schools and familieseducational establishments and wider society; calls for the wider participation of relevant actors (such as the European Parents Association) in the work of ET2020;
Amendment 92 #
2015/2281(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that school-parent communication strategies and characterpersonal and social development education programmes implemented in schools in cooperation with families can contribute to upward social convergence and the prevention of radicalisation; encourages the exchange of best practices within the ET2020 framework;
Amendment 96 #
2015/2281(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Reiterates the crucial role of formal and informal education in the empowerment of women and girls in the social, economic, cultural, and political spheres; emphasises the need to include a strong gender perspective in the ET 2020, particularly in the areas of education for sustainability, lifelong education and vocational training, the field of science, technology, engineering and maths, and the role of the arts in intercultural exchange;
Amendment 102 #
2015/2281(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned at the fact that the quality of teacher educationtraining is lagging behind, in terms of range and complexity, with regard to competences that are necessary for teaching today including to prepare the new generation with the motivation, commitments and skills, such as entrepreneurship, leadership and capacity building, to be audacious problem-solvers and able to tackle current and future challenges, not least the digital revolution, and welcomes the choice of support for educators as a priority area for ET2020; encourages Member States to adapt their initial teacher training and in- service development programmes and to make better use of peer-learning activities between Member States;
Amendment 111 #
2015/2281(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the Commission and the Member States to review the existing rules for the evaluation of education and training programmes funded by the European financial instruments, putting greater focus on qualitative impact assessment;
Amendment 113 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that quality education is essential to improving the lives of young people who suffer disadvantages socially and economically, as well as those from minority groups;
Amendment 116 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission to ensure greater emphasis is placed on tackling gender gaps and differences, and in recognising the particular needs of young women;
Amendment 117 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Further calls on the Commission, where appropriate, to treat minority groups as separate and discrete in order to better respond to the respective problems facing each group;
Amendment 118 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Applauds the Commission's attention to the importance of digital skills; underlines that to equip young people for the 21st century these skills are essential;
Amendment 119 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Strongly believes that investing in early childhood education and care (ECEC), appropriately tailored to the sensitivity and maturity level of each target group, bring greater returns than investing in any other stage of education; points out that investing in the early years of education has been proven to reduce later costs; believes also that the success of education at all levels depends on well- trained teachers, and on their continually advancing professional training, and sufficient investment is therefore needed in teacher training;
Amendment 161 #
2015/2281(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned that the current trend making financial output a prerequisite for all academic activities could mean that the humanities risk being wiped off the research landscape; advocates a more holistic view which emphasises the importance of a variety of disciplines in education and research;
Amendment 169 #
2015/2281(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Advocates a shift to conceiving mobility programmes in terms of qualitative outcomes that respond to priorities and primarily serve learning objectives; calls for the proper implementation of the proposals of the European Quality Charter for Mobility and for better use of the tools of internationalisation at home; reaffirms the need to ensure mobility opportunities for vocational training, disadvantaged young people and people suffering from different forms of discrimination;
Amendment 173 #
2015/2281(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the importance of an overall framework of recognition of qualifications as key to ensuring cross- border mobility;
Amendment 177 #
2015/2281(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Therefore calls for greater efforts to establish and implement a European system for the certification and recognition of qualifications, formal and non-formal learning, including voluntary service, so as to strengthen the vital links between non-formal learning and formal education, as well as to improve national and cross-border educational and labour market mobility;
Amendment 186 #
2015/2281(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the challenges posed by migration and the current refugee crisis to European educational systems should be addressed at both European and national level, since failure to provide migrants, refugees and asylum seekers with education and training constitutes a risk to their employability, their development of knowledge of the host country’s cultural canons and values, and their integration;
Amendment 193 #
2015/2281(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises the need to designate specific contact persons for migrant and refugee, refugee and asylum seeker education within Member States’ education ministries and the Commission’s DG EAC;
Amendment 199 #
2015/2281(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for measures to integrate migrantclude migrant, refugee and asylum seeker children, both intra- and extra- European, into education systems by helping themsupporting innovative learning methods and adjust toing curricula andto better respond to their learning standarneeds, providing them with language assistance, and enabling them to become familiar with the host country’s culture while preserving their own cultural heritage;
Amendment 204 #
2015/2281(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for measures to integrate migrant, refugee and asylum seeker children, both intra- and extra- European, into education systems by helping them adjust to curricula and learning standards, providing them with language assistance, and enabling them to become familiar with the host country’s culture while preserving their own cultural heritage;
Amendment 209 #
2015/2281(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Supports the idea of setting up helpdesks for teachers offering them timely support in handling various types of diversity in the classroom in a positive way, promoting intercultural dialogue among students to encourage a better understanding between communities, and guidance when they are confronted with students at risk of being radicalised; calls for the creation of synergies between the ET2020 Working Groups and the Radicalisation Awareness Network (RAN) Working Group on Education and the Expert Group on defining the specific contribution of youth work as well as non- formal and informal learning to fostering active citizenship and participation of young people in diverse and tolerant societies and preventing marginalisation, radicalisation potentially resulting in violent behaviour, as set up in the European Union Work Plan for Youth for 2016-2018;
Amendment 212 #
2015/2281(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Supports the idea of setting up helpdesks for teachers offering them timely support in handling various types of diversity and interculturality in the classroom and guidance when they are confronted with students at risk of being radicalised; calls for the creation of synergies between the ET2020 Working Groups and the Radicalisation Awareness Network (RAN) Working Group on Education;
Amendment 218 #
2015/2281(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need for more language- based learning programmes; calls for efforts to develop validation and accreditation mechanisms for the qualifications of migrants, refugees and asylum seekers, since many of those entering the EU come with no proof of their formal qualifications;
Amendment 219 #
2015/2281(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need for more language- based learning programmes; calls for efforts to develop validation and accreditation mechanisms for the qualifications of migrants, refugees and asylum seekers since many of those entering the EU come with no proof of their formal qualifications;
Amendment 227 #
2015/2281(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Member States to facilitate measures for migrant, refugee and asylum seeker students enrolling at university level; welcomes the initiatives adopted in this regard by a number of European universities;
Amendment 228 #
2015/2281(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Member States to facilitate measures for migrant and refugee students enrolling at university level; welcomes the initiatives adopted in this regard by a number of European universities;
Amendment 235 #
2015/2281(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers that the Science4Refugees programme should be further developed as regards its efficiency evaluation; advocates support at EU and national level for non- profit institutions providing assistance to migrant, refugee and asylum seeker academics;
Amendment 236 #
2015/2281(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers that the Science4Refugees programme should be further developed as regards its efficiency evaluation; advocates support at EU and national level for non- profit institutions providing assistance to migrant, refugee and asylum seeker academics;
Amendment 18 #
2015/2233(INI)
Draft opinion
Recital D
Recital D
D. whereas TiSA should on no account weaken the progress attained by the EU in gender equality, and should advance gender equality in other signatory states;
Amendment 21 #
2015/2233(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas TiSA is intended to set a new model for global trade, with 51 participants representing 70% of the world's trade in services, and it is crucial that any new global trade arrangements advance gender equality;
Amendment 26 #
2015/2233(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that in order for Parliament to be able to make an informed decision regarding consent, the Commission should perform a gender impact assessment as well as a fundamental rights impact assessment, on the basis of its reinforced assessment of the impact of new legislative proposals on fundamental rights and in order to guarantee that the EU is beyond reproach in upholding and promoting women’'s rights;
Amendment 40 #
2015/2233(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that all trade agreements that the European Union negotiates must raise global social and environmental standards, advance a more fair and equitable global model of trade, and promote gender equality;
Amendment 62 #
2015/2233(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission and the Member States to develop their capacity for collecting gender-sedisaggregated statistics and for conducting gender impact analysis of all trade policies and agreements.
Amendment 64 #
2015/2233(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks on the Commission to ensure that where TiSA addresses the ICT services, it is compatible with increasing women's representation in the sector.
Amendment 68 #
2015/2233(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Emphasises that the EU must maintain policy coherence for development as well as gender, and the Commission must therefore include these considerations in its impact assessments, and ensure that TiSA does not negatively impact sustainable development, and specifically women's empowerment through development cooperation.
Amendment 10 #
2015/2230(INI)
Motion for a resolution
Recital C
Recital C
C. whereas achieving gender equality is central to the protection of human rights, the functioning of democracy, respect for the rule of law and economic growth, social inclusion, and sustainability;
Amendment 16 #
2015/2230(INI)
Motion for a resolution
Recital F
Recital F
F. whereas gender mainstreaming means ‘the integration of a gender perspective into every aspect of the EU interventionEU policy - preparation, design, implementation, monitoring and evaluation of policies, legal measures and spending programmes - with a view to achieving equality between women and men’10 ; ___________ 10 SWD(2015)0278.
Amendment 17 #
2015/2230(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas gender mainstreaming must include the rights, perspectives, and well- being of LGBTIQ peoples, and persons of all gender identities;
Amendment 28 #
2015/2230(INI)
Motion for a resolution
Recital O
Recital O
O. whereas gender mainstreaming involves both integrating a gender perspective into the content of the different policies and addressing the issue of the representation of women and men, and persons of all gender identities in the given policy areas; whereas both dimensions need to be taken into consideration in all phases of the policy-making process;
Amendment 31 #
2015/2230(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas a gender-sensitive parliament has an importantcrucial role to play in redressing gender imbalances, facilitapromoting parity of economic, social and political participation for women and men and builexpanding the premises for the development of a gender equality policy framework;
Amendment 32 #
2015/2230(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Q a. whereas gender mainstreaming training for MEPs and Parliament staff, and particularly for management, is key to promoting a gender perspective in all policy areas and stages;
Amendment 35 #
2015/2230(INI)
S. whereas the systematic and periodic collection of gender-disaggregated data and statistics is indispensable for analysing the advancement of gender equalityn policy impact assessments and as well as in the policy-making process is indispensable for analysing the advancement of gender equality; whereas more qualitative research must be carried out within the Parliament in order to establish the significance and impact of gender mainstreaming tools on policy outcomes, resolutions and legislative texts;
Amendment 39 #
2015/2230(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas men must be engaged to promote gender equality in all areas and at all levels, and male MEPs must be encouraged to engage with gender mainstreaming in their work;
Amendment 41 #
2015/2230(INI)
Motion for a resolution
Recital T b (new)
Recital T b (new)
T b. whereas Parliament has the organisational structure in place to promote gender mainstreaming within its activities, and this structure must be better coordinated, reinforced and expanded, with fresh political and administrative will, in order to achieve a higher degree of gender mainstreaming;
Amendment 42 #
2015/2230(INI)
Motion for a resolution
Recital T c (new)
Recital T c (new)
T c. whereas greater inter-institutional cooperation on gender mainstreaming between the Parliament, Council, and Commission is needed in order to ensure that gender perspectives can be introduced at all stages of the policy cycle, which would facilitate the Parliament's own gender mainstreaming work;
Amendment 43 #
2015/2230(INI)
Motion for a resolution
Recital T d (new)
Recital T d (new)
T d. whereas input from external stakeholders, such as civil society organisations, grassroots women's rights and gender equality groups, international institutions, academia, and national parliaments, is important in improving the Parliament's gender mainstreaming processes, and in fostering reciprocal exchanges to promote best practice;
Amendment 44 #
2015/2230(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the Parliament's gender mainstreaming resolution it, adopted in 2007, called for an assessment to be conducted every two years on gender mainstreaming in the work of Parliament;
Amendment 49 #
2015/2230(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for on-going development of the gender mainstreaming network, representing committees but also interparliamentary delegations, and its full involvement in regular monitoring of the state of play of gender mainstreaming across policy areas; notes the need for greater participation by member MEPs in the network; calls for substitute MEPs to be added to the network in order to increase participation, as with committees and delegations;
Amendment 51 #
2015/2230(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that, according to the aforementioned 2014 study on this issue, the most effective tool for including a gender equality perspective in the policy process has been the use of procedures involving cooperation with other committees; emphasises the need for the other committees to support the gender mainstreaming work and to implement ithis in their activities;
Amendment 53 #
2015/2230(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Invites the services responsible to continue working on specific measures to promote work life balance; regrets that among EP officials women remain in the majority in the assistants’' function group (AST); calls for a yearlyn annual analysis of the state of play of gender equality within Parliament, based on gender disaggregated data, at all levels of staff and political bodies, including parliamentary assistants, and for this reporting to be made public;
Amendment 55 #
2015/2230(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the fact that the targets for gender balance at senior and middle management level adopted by the Bureau in 2006 (Kaufmann report) were not reached by the 2009 deadline, nor have they been reached to date; notes that these targets have been subsequently confirmed by the High Level Group on Gender Equality and Diversity for the subsequent years; urges for effective and far-reaching measures to be taken so as to reach these gender equality targets within the shortest possible time-frame;
Amendment 59 #
2015/2230(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the High Level Group on Gender Equality and Diversity is responsible for adopting an Action Plan for the Promotion of Equality and Diversity in Parliament and ensuring its implementation; calls on the high level group, with the support of the competent services, to submit a comprehensive gender equality roadmap indicating how to increase the representation of women in middle and senior management positions to 40 % by 2020; invites DG Personnel and political groups to consider proposing both a woman and a man for the positions of Head of Units when posts are vacant;
Amendment 60 #
2015/2230(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recommends that the standing rapporteur on gender mainstreaming, once that post is established, would work together with the High Level Group to ensure that gender mainstreaming targets for the Parliament's secretariat and staff are met;
Amendment 61 #
2015/2230(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Requests that DG Personnel exchange gender equality and diversity best practices and technical assistance, for instance with the US Congress and national equality bodies, on promoting under-represented racial and ethnic minority communities in short-term recruitment procedures and EPSO competitions; Calls for a focus on trainees, and for developing initiatives and programs dedicated to promote youth traineeship for young persons, particularly women, under-represented racial and ethnic minority groups;
Amendment 64 #
2015/2230(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes that equal gender representation in each committee is desirable, to the extent circumstances allow; invites political groups to consider nominating MEPs from the underrepresented gender in each committee, in a coordinated fashion; invites political groups to nominate an equal number of male and female MEPs as members and substitutes of the FEMM committee, in order to encourage the involvement of men in gender equality policy;
Amendment 76 #
2015/2230(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reaffirms the need for sufficient allocation of resources also at Parliament level in order to develop gender impact assessments and gender-based analysis, including data collection methodology sensitive to the experiences of LGBTIQ persons;
Amendment 78 #
2015/2230(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on EIGE to regularly submit information to every committee in order to underline the gender perspective in every sector of policy making and to make available the data and tools it has developed, such as the gender mainstreaming platform, as part of a broader capacity-building exercise, addressed also to staff and parliamentary assistants; calls on the Research Service to carry out regular detailed qualitative and quantitative research on the progress of gender mainstreaming in the Parliament and the functioning of the organisational structure dedicated to it;
Amendment 88 #
2015/2230(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Expresses it full support for developing targeted and regular gender mainstreaming training, with adequate resources and tailor-made for Parliament specific needs; highlights the need for mandatory short gender mainstreaming training, such as a two-hour workshops, for all Parliament secretariat staff working in policy fields, with more extensive training provided for middle- and senior management, specifically Heads of Units; calls for gender mainstreaming training to be made available for Members, Parliamentary Assistants, and political groups' staff;
Amendment 92 #
2015/2230(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Recommends that training sessions also address the multiple and intersectional forms of discrimination affecting women with disabilities, migrant and ethnic minority women, Roma women, older women, single mothers and LGBTIQ persons;
Amendment 93 #
2015/2230(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls for an accreditation system to be established so that those who undergo gender mainstreaming training in the European Parliament can receive formal certification, which they can carry through their career paths;
Amendment 94 #
2015/2230(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19 c. Recommends to the Parliament's competent directorate on communication to include a stronger gender perspectives in its reporting of the Parliament's policy- making;
Amendment 97 #
2015/2230(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Highlights the need to ensure that all its services are aware of their responsibilities in implementing gender mainstreaming, including in human resources, security and facilities, with regards to women's equality and representation, as well as the well-being of LGBTIQ persons;
Amendment 98 #
2015/2230(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Notes the need to improve the well- being of persons of all gender identities at the workplace; recommends the introduction of specific human resources guidelines addressing LGBTIQ perspectives;
Amendment 99 #
2015/2230(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Recommends the introduction of gender-neutral sanitary facilities, and that data on past or ongoing legal procedures on gender recognition are protected;
Amendment 103 #
2015/2230(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses the importance for the President of the European Parliament, the Secretary General, and the High Level Group of Gender and Diversity, and the competent committee to work with all Committees and Delegations to ensure that all Committees adopt a Gender Action Plan; Recommends greater reciprocal coordination and cooperation between the gender mainstreaming network and the High Level Group on Gender Equality and Diversity; Recommends that the Chairs of the Gender Mainstreaming network regularly report to and exchange views with the High Level Group, and report back at network meetings;
Amendment 104 #
2015/2230(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Insists that a clear procedure and timeline must be established for the adoption of a gender action plan for each committee and delegation, including a procedure for re-drafting and re-tabling a plan in the event that a proposed plan is rejected;
Amendment 105 #
2015/2230(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22 c. Emphasises that low MEP attendance of the gender mainstreaming network meetings by MEPs is problematic; highlights the need for active participation from MEPs;
Amendment 106 #
2015/2230(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22 d. Emphasises the need for Members and secretariat representatives of each committee responsible for gender mainstreaming to coordinate and cooperate with the Members and secretariat of the FEMM committee for more effective monitoring of the need for gender mainstreaming in the policy work of each committee, and identifying cases requiring the FEMM committee input;
Amendment 107 #
2015/2230(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22 e. Urges the sharing of best practice in gender mainstreaming among committees and circulating model gender action plans through the gender mainstreaming network;
Amendment 110 #
2015/2230(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the need to thoroughly assess the functioning of the GM network and identify ways of ensuring closer involvement of and greater awareness among the network members; recommends that gender mainstreaming network members be, wherever possible, members of the Committee on Women’s Rights and Gender Equalitymembers and substitutes on the gender mainstreaming network are committed to gender equality, but are not necessarily members of the Women's Rights Committee, so that a larger pool of Members work on gender mainstreaming; recommends regular contact and exchanges between the committee responsible and the network;
Amendment 111 #
2015/2230(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Recommends that each committee hold a hearing on gender mainstreaming in its policy area once every two years, to coincide with the drafting of the gender mainstreaming report, and that each committee's gender action plan is updated on the basis on the conclusions of that hearing;
Amendment 112 #
2015/2230(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Highlights the importance of the role of the gender mainstreaming Members in each committee in facilitating effective input from the FEMM committee through GMAs and opinions, and calls for effective coordination between responsible FEMM members, particularly Rapporteurs and Shadow Rapporteurs, and the gender mainstreaming link Members to be part of the GMA procedure; Reiterate the need for close coordination between the FEMM committee and lead committee secretariats on GMAs and opinions, to ensure optimal scheduling and planning for effective input into the lead report;
Amendment 116 #
2015/2230(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Recommends greater monitoring of the performance of committee secretariat staff members responsible for gender mainstreaming in each committee, as well as clear criteria for selection and performance;
Amendment 117 #
2015/2230(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Suggests that the Conference of Committee Chairs and of Delegation Chairs to evaluate the progress of gender mainstreaming in the committees and delegations biannually, in coordination with and given input from the gender mainstreaming network and the competent committee;
Amendment 119 #
2015/2230(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes that stronger interinstitutional relations will improve the gender balance in EU policy making; notes that no structured cooperation on gender mainstreaming has yet been established with other institutional partners, such as the Commission, the Council, and EIGE; calls on the Commission to propose an appropriate framework for establishing interinstitutional gender mainstreaming cooperation, such as establishing an interinstitutional high level working group on gender mainstreaming, and also involving other stakeholders in this field;
Amendment 124 #
2015/2230(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Underlines the need to cooperate also with national parliaments, to establish regular exchanges of views and contacts in order to further develop best practices in advancing gender mainstreaming; recommends organising anregular interparliamentary meetings on gender mainstreaming;
Amendment 30 #
2015/2229(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. whereas women human rights defenders are more at risk of being subject to certain forms of violence than their male counterparts and face specific challenges;
Amendment 31 #
2015/2229(INI)
Draft opinion
Recital E b (new)
Recital E b (new)
Eb. whereas sexual and reproductive rights are fundamental human rights;
Amendment 49 #
2015/2229(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the lack of gender equality in the political realm of third countries; recalls that women and men are equal and should enjoy the same political rights and civil liberties; underlines the need for effective protection mechanisms for women human rights defenders;
Amendment 95 #
2015/2229(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Deplores the frequent violations of women’s sexual and reproductive rights, including the denial of access to family planning services; recalls Article 16 of CEDAW which guarantees the right to choose the number and spacing of children and to have access to the information, education and means to exercise this right;
Amendment 5 #
2015/2228(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having Council of Europe Convention on preventing and combating violence against women and domestic violence ('the Istanbul Convention'),
Amendment 6 #
2015/2228(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the results of the European Union lesbian, gay, bisexual and transgender survey carried out by the European Union Agency for Fundamental Rights (FRA) and published on 17 May 2013,
Amendment 16 #
2015/2228(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
- having regard to the report of the Committee on Employment and Social Affairs on meeting the anti-poverty targets in light of increasing household costs, and the accompanying opinion by the Women's Rights and Gender Equality Committee,
Amendment 17 #
2015/2228(INI)
Motion for a resolution
Recital A
Recital A
A. whereas poverty rates among women vary greatly between the Member States; whereas regardless of how specific the groups at risk are such as oelderly women, lone parents,single persons, single parents, lesbian women, bisexual women, transgender women and women with disabilities, the poverty rates among migrant women and women from ethnic minorities are the same throughout the European Union;
Amendment 33 #
2015/2228(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU LGBT Survey finds that lesbian, bisexual and transgender women face a disproportionate risk of discrimination on the basis of their sexual orientation or gender identity, in employment (19%), education (19%), housing (13%), healthcare (10%) and access to social services (8%); whereas this results in disproportionate risks to their economic and social well-being;
Amendment 39 #
2015/2228(INI)
Motion for a resolution
Recital C
Recital C
C. whereas living at risk of poverty translates into social exclusion in terms of access to public transport, primary healthcare services, decent housing and, education, life-long learning, and access to and participation in culture;
Amendment 61 #
2015/2228(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas given the inter-generational dimensions of poverty, addressing the situation of girls and young women facing social exclusion and poverty is key to tackling the feminisation of poverty;
Amendment 83 #
2015/2228(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the stereotypes widely conveyed by society contribute to the feminisation of poverty; whereas these stereotypes are developed during childhood and are reflected in the choice of training and education and on into the labour market; whereas women are still too often confined to ‘'women-friendly’' tasks and remain under-represented in certain areas such as mathematics, science, engineering, and so on; whereas these stereotypes lead to discrimination in terms of regender-based discrimination;
Amendment 88 #
2015/2228(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas poverty and social exclusion, and women's economic dependency can be an exacerbating factor for violence against women and girls;
Amendment 98 #
2015/2228(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas meeting the Europe 2020 anti-poverty targets requires significant new political impetus; whereas these targets cannot be met unless anti-poverty policy includes a strong gender dimension;
Amendment 114 #
2015/2228(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the lack of affordable high- quality care, whether for children or for the sick or elderly, contributes to the gender employment gap, the pay gap and the related pension gap; emphasises that equal access to childcare and free, high-quality formal, informal, and non-formal education is central to securing equal opportunities and breaking poverty cycles;
Amendment 130 #
2015/2228(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that the lack of recognition of LGBTI families by many Member States, most notably by unequal marriage or partnership laws and parental recognition laws, results in lower incomes and higher costs for LGBTI people, increasing the risk of poverty and social exclusion;
Amendment 141 #
2015/2228(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the Commission to incorporate a more robust social dimension and a gender pillar in the European Semester;
Amendment 155 #
2015/2228(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to implement policies to promote the employment of women and the integration into the labour market of socially marginalised groups of women, in the light of the objectives of the Europe 2020 strategy, with an emphasis on life- long learning so that women have the access and opportunity to re-skill in the ever-changing labour market, an increase in the promotion of STEM subjects aimed at young girls to address existing education stereotypes early and combat long-term gaps in employment and pay, the development of affordable and high- quality public care services, flexible working time arrangements and measures to combat the segregation of men and women by occupation and sector;
Amendment 179 #
2015/2228(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to conduct a study how procedures related to the official recognition of the gender reassignment of a person, or the absence of such procedures, affect transgender people's position on the labour market, particularly their access to employment, level of remuneration, career development and pensions;
Amendment 199 #
2015/2228(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Reiterates the role of education in combating gender stereotypes and in combating the stigmatisation of poverty and through women's inclusion in sectors where they have been under-represented such as science, technology, engineering, and entrepreneurship, and calls on the Commission to incorporate vocational training targets for women in the country- specific recommendations;
Amendment 214 #
2015/2228(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that equal treatment legislation is a vital instrument to combat poverty resulting from marginalisation and discrimination of sexual and gender minorities; calls in this regard on the Council to adopt the 2008 proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; calls furthermore, for the explicit inclusion in any future recast of the Gender Equality Directives of a ban on discrimination on grounds of gender identity;
Amendment 215 #
2015/2228(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reaffirms the importance of economic and financial education at a young age, which has been shown to improve economic decision-making later in life, including in managing costs and incomes; recommends the exchange of best practice and the promotion of educational programmes targeting women and girls in vulnerable groups and marginalised communities facing poverty and social exclusion;
Amendment 218 #
2015/2228(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Believes that improvement in rights awareness should be part of the efforts to combat gender-based poverty and exclusion; remains concerned that rights awareness in the area of discrimination on the basis of gender, gender identity and sexual orientation, and awareness of the existence of bodies and organisations offering support to victims of discrimination, is low; calls, in this regard, on the Commission to closely monitor the effectiveness of national complaint bodies and procedures in the context of the implementation of the gender equality directives with regard to gender identity, gender expression and gender reassignment and the implementation of the employment equality directive with regard to sexual orientation;
Amendment 225 #
2015/2228(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission promote best practice on taxation policy that takes gender impacts into account, and promotes gender equality, particularly VAT, and taxation of household income, which at times can subject lower earners to higher rates of taxation;
Amendment 227 #
2015/2228(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Stresses that data collection on household costs and income must be complimented by individualised data in order to account for gender-based inequalities within the households;
Amendment 228 #
2015/2228(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Insists that macroeconomic policy must be compatible with social equality policy, and that it must include a strong gender perspective; Reiterates that financial institutions such as the ECB and national central banks must take into account social impacts, including impacts on gender inequalities, when modelling and deciding on macroeconomic monetary policies, or financial services policies;
Amendment 229 #
2015/2228(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Emphasises that access to credit, financial services and advice is key to empowering women facing social exclusion in entrepreneurship, and increasing their representation in the sector; calls on the Commission and Member States to take effective measures to facilitate that access, particularly with regard to vulnerable women facing multiple discrimination;
Amendment 230 #
2015/2228(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Restates its support for the initiative to formulate a guideline reference budget, and calls on the Commission to include gender-specific considerations when designing it, including the gender inequalities faced within households;
Amendment 231 #
2015/2228(INI)
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11f. Reasserts the need to undertake research into female homelessness and its causes and drivers, as the phenomenon is captured inadequately in current data; notes that gender-specific elements that ought to be taken into account include gender-based economic dependency, temporary housing, or avoidance of social services;
Amendment 232 #
2015/2228(INI)
Motion for a resolution
Paragraph 11 g (new)
Paragraph 11 g (new)
11g. Calls for more ambitious action to tackle energy poverty, which disproportionately affects single women, single-parent and female-headed households; Urges the Commission and the Member States to establish a definition of energy poverty which takes into account gendered aspects of the phenomenon, and to include it in the future recast of the Energy Performance of Buildings Directive; Highlights the important role of community energy initiatives such as cooperatives in empowering vulnerable energy consumers, particularly women facing poverty and social exclusion and marginalisation;
Amendment 236 #
2015/2228(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that women’'s economic independence plays a crucial role in their ability to escape situations of violence; calls for the provision of social protection systems guaranteeing the social rights of women who are victims of violence; Reissues the call for the EU and all Member States to sign and ratify the Istanbul Convention;
Amendment 250 #
2015/2228(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that many aspects of female poverty remain unrecognised, including for example the exclusion of women from access to culture and social participation; considers that the severe material deprivation indicators relating toexclude access to culture are inadequate and that, and social participation, and are therefore provide an incomplete understanding of poverty; calls for more indicators shouldto be developed for assessing exclusion, in terms of social, cultural, and political participation, and particularly its influence on the vicious cirycle of poverty, and its inter-generational impacts;
Amendment 252 #
2015/2228(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reasserts its call to the Commission to strive towards establishing a European Child Guarantee, ensuring that every European child at risk of poverty has access to free health care, free education, free childcare, decent housing and adequate nutrition; Emphasises that such a policy must address the situation of women and girls, particularly in vulnerable and marginalised communities;
Amendment 255 #
2015/2228(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Notes that the Youth Guarantee initiative must include a gender perspective, addressing the situation of young men, women and persons of all gender identities in education, training, and labour markets;
Amendment 258 #
2015/2228(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Member States and the Commission to develop exchanges of best practice on legislative and budgetary instruments for combating poverty; with a focus on those groups at particular risk of poverty, including migrant women, women from ethnic minorities, single women, lesbian women, bisexual women, transgender women, older women and women with disabilities;
Amendment 262 #
2015/2228(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the role of social enterprise in empowering and including women facing poverty and social exclusion and multiple discrimination;
Amendment 265 #
2015/2228(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Asks the Commission and the Member States to create stakeholder engagement processes that promote and facilitate the direct engagement of persons at risk of poverty and social inclusion, particularly women and girls, in policymaking on social inclusion at all levels;
Amendment 8 #
2015/2147(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Audiovisual Media Services Directive (AVMSD) is important in terms of EU media regulation and for the promotion of European works, and is based on the principle of technological neutrality, ensuring a level playing field;
Amendment 10 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth and the creation of quality jobs, innovation, and consumer choice and competitiveness is of the utmost importance and believes that the digital single market is key to achieving this objective by removing barriers to trade, streamlining processes for online businesses and supporting creators, investors and consumers; calls in this regard for competitiveness tests on all new proposals;
Amendment 12 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth, innovation, consumer choicethe creation of high-quality jobs, innovation and competitivenessnsumer is of the utmost importance and believes that the digital single market is key to achieving this objective by removing barriers to trade, streamlining processes for online businesses, and in particular by supporting creators, investors and consumers; calls in this regard for competitiveness tests on all new proposalfair and appropriate remuneration for creators and rightholders;
Amendment 16 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth, innovation, consumer choice and competitiveness is of the utmost importance and believes that the digital single market is key to achieving this objective by removing barriers to trade, streamlining processes for online businesses and supporting creators, investors and consumers; calls in this regard for competitiveness tests on all new proposalall new proposals to be subject to competitiveness tests and to detailed impact assessments examining their effects on growth, SMEs and employment as well as their potential costs and benefits;
Amendment 17 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Commission to overhaul Directive 2010/13/EU1 without delay, doing away with the distinction between linear and non-linear services, encouraging the use of editorially screened content to which the country-of- origin principle applies and fleshing out the general social objectives of audiovisual regulationnevertheless a high level of regulation for socially relevant content should be maintained; __________________ 1 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 21 #
2015/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Asks for a stronger involvement of employees and the creative sector in developing and implementing digital technologies;
Amendment 24 #
2015/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the communication of the Commission" Towards a Connected Digital Single Market Act" and the included commitment to modernise the copyright framework to adapt them to the digital age while at the same time ensuring the right balance between a fair remuneration of the author, the public interest of dissemination of knowledge and preserving cultural diversity;
Amendment 32 #
2015/2147(INI)
Draft opinion
Paragraph -2 a (new)
Paragraph -2 a (new)
-2a. Stresses that the digital single market should give the opportunity to ensure accessibility for all, especially people with disabilities, to products and services protected by copyright and related rights; is therefore deeply concerned by the lack of progress of ratification of the Marrakesh Treaty facilitating access for the visually impaired to published works; urges the Council to ensure ratification of the Treaty as soon as possible;
Amendment 33 #
2015/2147(INI)
Draft opinion
Paragraph -2 a (new)
Paragraph -2 a (new)
-2a. Calls on distributors to publish all available information concerning the technological measures necessary to ensure interoperability of their content;
Amendment 34 #
2015/2147(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Welcomes the review of the AVMSD initiated by the Commission, in particular its extent and the consistent application of rules to all players operating in the market, regardless of their status;
Amendment 36 #
2015/2147(INI)
Draft opinion
Paragraph -2 c (new)
Paragraph -2 c (new)
-2c. Underscores the crucial role played by the legal framework for copyright in sustaining the creative process and enabling authors to earn a living as professionals in the cultural and creative industries; with reference in this regard to the recent studies by, respectively, the European Parliament on Contractual Arrangements applicable to Creators and the Commission on remuneration of authors, calls on the Commission to ensure that the core element of any reform of copyright law is the equitable remuneration of authors for the use of their work on line;
Amendment 47 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for targeted, evidence-based reforms to enhance cross- border access to legally available online content but stresses the importance of not mandating pan- European licences; calls instead; also calls for reforms to enable the enhanced portability of legally acquired content to be prioritised, as well as to improve cross-border access to services;
Amendment 54 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that platforms and intermediaries should be regulated in such a way as to rule out discrimination to a large extent and guarantee the findability of editorially screened contentIs encouraged by the Commission's intention to bring forward a legislative proposal on the regulation of platforms and intermediaries; believes that any legislative proposal should take as a basis the interests of creators, consumers and the digital workforce; insists that the question of responsibility of intermediaries for provision of illegal content must be addressed, as intermediaries are a key part of the supply chain;
Amendment 70 #
2015/2147(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that any reform of the copyright framework should take as a basis a high level of protection, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 75 #
2015/2147(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Asks the Commission to ensure in this respect fair remuneration for creators and rightholders and to guarantee that persistence and perseverance is exercised throughout the creative supply chain;
Amendment 81 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that further efforts are needed to overhaul copyright law and that any revised provisions should apply to all mediastrike a balance between all key actors including creators, right holders, users and intermediaries and that any revision of copyright law should take as a basis a high level of proportional protection, since rights are crucial in promoting creativity and innovation and provide a stable, clear and flexible legal base that foster investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the digital single market;
Amendment 86 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that further efforts are needed to overhaul copyright law and that any revised provisions should apply to all media; Welcomes the Commission's intention to overhaul copyright law; stresses that any revised provisions should apply to all media and should be future-proof, as well as being balanced; urges the Commission to ensure fair remuneration for creators; further urges the Commission to take into account the overwhelming support in the European Parliament for the introduction of minimum standards across the exceptions from and limitations to copyright, as well as the need to ensure that where an exception or limitation already applies, new usages of content which are made possible by technological advances or new uses of technology should be, insofar as possible, construed in line with the existing exception or limitation, provided that the new usage is similar to the existing one, in order to improve legal certainty;
Amendment 88 #
2015/2147(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds the Commission of the overwhelming support of the Parliament for the introduction of minimum standards in the exceptions from and limitations to copyright, and the ensuring of the proper application of those set out in Directive 2001/29/EC;
Amendment 102 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that internet service providers should bear greater responsibility for illegal content made available on the internet and should, along with other actors in the supply chain such as payment providers, play a significant role in tackling copyright abuses play a significant role in tackling copyright abuses; in this way, suggests a review of the liability of online intermediaries in the forthcoming legislative proposal on copyright in 2015 in order to clarify their legal status and liability with regards to copyright, in order to guarantee and ensure a fair remuneration for creators and rightholders within the EU;
Amendment 117 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Further suggests that the forthcoming legislative proposal on online platforms should take as a basis the interests of consumers, creators and the digital workforce, in particular the protection of the vulnerable;
Amendment 123 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. BelievStresses that the legal thinking behind Directive 93/83/EEC2 provides a suitable point of departure for measures to improve cross-border access toany reform of Directive 93/83/EEC2 should be aimed at fairly remunerating artists, creators and right- holders for the multiple exploitation of their works, whilst enhancing the portability and cross-border access to legally acquired and legally made available content in the digital single market.; __________________ 2 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable transmission (OJ L 248, 6.10.1993, p. 15).
Amendment 135 #
2015/2147(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that the European cultural markets are naturally heterogeneous due to the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Digital Single Market;
Amendment 139 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that copyright enforcement is important and therefore calls for a modernised approach to the enforcement of intellectual property rights online,; particularly with regard to commercial- scale infringfollowing the principle of „remuneration instead of prosecution" through new, contemporary exceptions in Directive 2001/29/EC; offering future- oriented business models, adjusted to user requirements;
Amendment 142 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that copyright enforcement is important and therefore calls for a modernised approach to the enforcement of intellectual property rights online, particularly with regard to commercial- scale infringement;
Amendment 148 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that copyright enforcement is important and therefore calls forin order for the copyright law to be respected in the digital age, a modernised approach to the enforcementimplementation of intellectual property rights online, particularly with regard to commercial- scale infringement should be adopted; EU faces a significant number of intellectual property rights infringements; according to the European Commission’s data from July 2014 - customs authorities noted as many as 87 000 detention cases in 2013, while the worth of the 36 million articles seized is estimated at more than EUR 768 million;
Amendment 185 #
2015/2147(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that digital developments also provide for a meaningful change in public administration, establishing much more effective, simplified and user-friendly e- administration. In this regard it is very important for the citizens and the business to have interconnected commercial registers;
Amendment 99 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 c (new)
Paragraph 67 c (new)
67c. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by the large majority of this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 2 #
2015/2118(INI)
Motion for a resolution
Citation 5
Citation 5
– having regard to Article 6 of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which seeks to combat all forms of traffic in women and the exploitation of the prostitution of women,
Amendment 4 #
2015/2118(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime,
Amendment 126 #
2015/2118(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for police officers and a greater gender balance amongst staff; highlights that using prisons and detention centres as registration sources shows a failure of the system;
Amendment 166 #
2015/2118(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, such as exit programmes and schemes to empower and protect the rights of those in prostitution, while also noting that the regulation of prostitution is a competence of the Member State; believes that demand reduction can be achieved through legislation that shifts the criminal burden onto those who purchase sexual services rather than onto those who sell it, and through the imposition of fines to make prostitution and sexual exploitation financially less lucrative for criminal networks;
Amendment 169 #
2015/2118(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises the data which confirm the deterrent effect that criminalisation of the purchase of sexual services has had in Sweden; highlights the normative effect of this model of regulation and its potential to change social attitudes to reduce overall demand for the services of victims of THB;
Amendment 185 #
2015/2118(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is strongly critical of the fact that it is not already a criminal offence to knowingly use the services of trafficked persons across all Member States, but acknowledges the difficulty in proving knowledge in a judicial context, and considers that this would be an important step recognising the seriousness of this crime, ensuring a real framework for the prevention of THB and for stopping the culture of impunity;
Amendment 5 #
2015/2111(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the Commission communication of 25 October 2011 entitled 'Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation' (COM(2011) 682),
Amendment 38 #
2015/2111(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to ensure the full mainstreaming of gender into all future policy in the area of entrepreneurship;
Amendment 42 #
2015/2111(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States to collect gender-disaggregated data, including on social entrepreneurship, and to report regularly on the number of female entrepreneurs; recommends that data are collected and consolidated at a European level with the support of the European Institute for Gender Equality and Eurostat; recommends that gender should be mainstreamed into the methodology of any research undertaken on entrepreneurship, social economy and social enterprise by a qualified gender expert and that particular attention should be paid to the experiences of women with multiple marginalised identities;
Amendment 55 #
2015/2111(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls the importance of achieving the Barcelona targets to make work-life balance a reality for all, as well as of using the appropriate European funds to guarantee affordable care for children and, elderly and other dependent persons;
Amendment 105 #
2015/2111(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission and Member States to support the development of financial instruments that value companies in correlation with their contribution to society and the development of trustmarks for social and environmental entrepreneurship; recommends the inclusion of gender equality and women's empowerment as measures of social impact which, in turn, would encourage more social entrepreneurs to consider their enterprise from a gender perspective;
Amendment 25 #
2015/2107(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas research has shown that mental health problems account for large- scale productivity loss, absenteeism, and days off work, and it is therefore vital for all stakeholders to address both causes and symptoms of poor mental health in order to have a resilient and productive workforce that can manage a work-life balance; whereas a gender perspective on mental health at work is required, in part due to prevailing gender inequalities, and organisational practices that promote them, as well as the life-roles that working women may need to balance;
Amendment 28 #
2015/2107(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas empirical research suggests that women are underrepresented in health and safety decision-making;
Amendment 30 #
2015/2107(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas health and safety is a dynamic field that must constantly adapt and respond to changing work environments, it should be recognised that there will always be a need for training and that this should address a wide range of issues including mental health;
Amendment 32 #
2015/2107(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
B c. whereas sexual harassment at work, and the sense of insecurity it engenders, must be combated;
Amendment 70 #
2015/2107(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the gender dimension to be taken into account when conducting risk assessments; in this regard, calls for support for gender mainstreaming training, knowledge and activities for safety representatives and labour inspectors, as well as for the exchange of best practices, in order to foster better working conditions; stresses the importance of involving female and male workers in decision-making and in monitoring and review processes.
Amendment 73 #
2015/2107(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission and Member States to promote and encourage mental wellbeing at work, with a strong gender perspective included, and highlight best practice development and sharing, whether carried out by employers, trade unions, health and wellbeing organisations, or self-help groups.
Amendment 75 #
2015/2107(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on Commission and Member States to develop and support high quality training in the field of health and safety, working with all stakeholders to develop and share best practice, such as work- based learning, union learning, mental health, first-aid, smoking cessation, and gender-specific initiatives such as Well- Woman clinics, and women's health checks.
Amendment 77 #
2015/2107(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Highlights that any strategy for health and safety at work must include a perspective for combating sexual harassment at work and create safe working environments for women.
Amendment 78 #
2015/2107(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Emphasises that women must be included in the decision-making processes in relation to development of better health and safety practices in their work environments.
Amendment 10 #
2015/2095(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the current crisis is first and foremost a humanitarian crisis and the EU response must be based on solidarity and fair sharing of responsibility;
Amendment 14 #
2015/2095(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas a co-ordinated and EU-wide resettlement mechanism is required to resettle refugees within all Member States;
Amendment 29 #
2015/2095(INI)
Draft opinion
Recital C
Recital C
C. whereas there exist disparities across the Member States in the treatment of women seeking asylum and a holistic EU approach to asylum and immigration must ensure that consistent and gender-sensitive procedures are in place;
Amendment 31 #
2015/2095(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas children generally, and girls specifically, face unique challenges and are especially vulnerable in conflict, on their journey to Europe, and as they are received by Member States;
Amendment 32 #
2015/2095(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas organised criminal groups are taking advantage of the current volatile situation in the Mediterranean and the MENA region to exploit women and girls through smuggling, sexual violence and trafficking;
Amendment 46 #
2015/2095(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls UNHCR’s guidelines on gender-related persecution within the context of the 1951 Refugee Convention calling for a gender-sensitive interpretation of the Convention and determination of grounds for refugee or asylum claims;
Amendment 48 #
2015/2095(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that gender-sensitive procedures, guidelines and support services should be incorporated into asylum and refugee processes, including separate interviewing of male and female refugees and asylum-seekers, the option of same-sex interviewers, and referrals to psychosocial and trauma counselling;
Amendment 50 #
2015/2095(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Encourages Member States to use detention sparingly and not systematically, to employ robust monitoring processes and to permit access for NGOs and other competent bodies to visit and inspect reception conditions and minimum standards including women’s rights at places of detention;
Amendment 53 #
2015/2095(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Believes that radical and long-term changes in Europe’s approach to migration are required; further believes any long-term and sustainable strategy must cover all aspects of migration and asylum including diplomatic and foreign policy, the global criminal economy, provision of humanitarian aid and better assistance to those who are already in Europe; further believes gender must be mainstreamed into all areas;
Amendment 55 #
2015/2095(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Expresses deep concern at the level of people smuggling which is exacerbating the current crisis and forcing vulnerable people, including children, into inhumane and life-threatening travelling conditions; recognises that people smuggling is distinct from human trafficking which does not require crossing of international borders, involves violence, coercion, exploitation of a position of vulnerability, and is aimed at the exploitation of the victim; notes that, in practice, the distinction between smuggling and trafficking can become blurred when people who are smuggled also become victims of violence and exploitation;
Amendment 57 #
2015/2095(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Stresses the importance of creating safe and legal routes into the EU; believes this will help ensure migrants, refugees and asylum seekers do not have to resort to criminal networks;
Amendment 59 #
2015/2095(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Underlines that search and rescue operations must be stepped up and maintained to minimise the number of deaths at sea;
Amendment 61 #
2015/2095(INI)
Draft opinion
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Calls on Member States to implement specific measures to facilitate the labour market participation of women refugees and migrants such as training, self- employment, language classes, life-long learning and volunteering; believes that the education, skills and training of women asylum seekers, migrants and refugees should be recognised and valued and that transparent procedures for the recognition of qualifications obtained abroad should be set up;
Amendment 64 #
2015/2095(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls Article 12 of CEDAW requiring states parties to guarantee access to appropriate services in connection with women’s health including pre-natal and post-natal care and menstrual hygiene;
Amendment 71 #
2015/2095(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the additions made by the Recast Reception Conditions Directive, namely the inclusion of victims of human trafficking and FGM as separate categories of vulnerable persons; expresses its deep concern that only 12 Member States have applied vulnerable person status to victims of human trafficking; believes that victims and those at risk of child, early and forced marriage should be given vulnerable person status;
Amendment 74 #
2015/2095(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for extra consideration to be given to the needs of migrant and refugee mothers traveling with children, both their own and orphaned children, by ensuring the provision of safe access to food, water, shelter, changing facilities, appropriate medicine, sanitation and other needs at all stages of traveling and after arrival;
Amendment 85 #
2015/2095(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that, notwithstanding fluctuation in migration flows which may put pressure on reception facilities, the needs of vulnerable people including women and girls shouldmust be prioritised at all times;
Amendment 93 #
2015/2095(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the need for women refugees and migrants to have access to female advocates at all times in order to express their concerns in a safe and confidential environment. This is to include, but not limited to, health concerns, reproductive concerns, maternal concerns, sexual harassment and violence and any other issues or information;
Amendment 97 #
2015/2095(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that measures should be taken to facilitate protection of female migrants and asylum seekers, including through provision of separate shelter and sanitation facilities for unrelated men and women;
Amendment 106 #
2015/2095(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the UNHCR and IOM to ensure that the highest possible standards are in place for recruitment, that efforts are made to recruit and place female staff at all facilities, and that training which promotes a gender-based approach is providedmandatory for all staff.
Amendment 111 #
2015/2095(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges all Member States to ratify the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention) and to apply its provisions in full; urges Member States to apply Article 59 of the Convention which requires states parties to take necessary measures to suspend expulsion proceedings against and/or to grant an autonomous residence permit in the event of a dissolution of marriage to those women migrants whose residence status depends on their spouse.
Amendment 114 #
2015/2095(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights that a coordinated EU response to the refugee crisis must include specific measures to address the vulnerability and needs of children and specifically young girls, including their right to education.
Amendment 115 #
2015/2095(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on Member States to establish effective coordinated mechanism for the reception, processing, relocation and resettlement of incoming refugees, taking into account gender-sensitive issues; calls on EU agencies and Member States to ensure that public sector and civil society staff are provided training on a gender- based approach to work with incoming refugees.
Amendment 116 #
2015/2095(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the Communication from the Commission ‘A European Agenda on Migration’ (COM (2015) 240 final); notes the Commission’s intention to strengthen the safe country of origin provisions of the Asylum Procedure Directive; strongly believes that any decision to harmonise safe country of origin provisions, including the possible establishment of a common EU list of safe countries of origin, must mainstream gender; notes that no country of origin or third country can truly be deemed safe when gender- based violence occurs in all countries; believes claims based on fear of gender- based violence or discrimination should never be subjected to accelerated asylum procedures.
Amendment 118 #
2015/2095(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recognises that women’s organisations and refugee women must participate in decision-making on their treatment, including priorities in distribution of aid, as well as in peace- building initiatives in their countries of origin.
Amendment 119 #
2015/2095(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Stresses that childcare must be provided during asylum appointments and interviews in order to ensure a fair opportunity to make an asylum claim; notes that lack of childcare provision for asylum seekers and refugees presents major access barriers to mainstream service provision and that this has a disproportionate impact on women who overwhelmingly bear responsibility for childcare; underlines that frontline services must consider the childcare needs of families.
Amendment 120 #
2015/2095(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Believes that undocumented women migrants and their dependents are particularly vulnerable to becoming victims of violence, exploitation and intersectional discrimination based on race and gender; notes that the legal status of undocumented women migrants may limit access to appropriate services such as women’s shelters.
Amendment 121 #
2015/2095(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Expresses deep concern at the prevalence of negative stereotypes about women migrants, refugees and asylum seekers; urges Member States to redouble their efforts to protect all migrants, refugees and asylum seekers from right- wing extremism and violence.
Amendment 122 #
2015/2095(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Regrets that the Commission’s European Agenda on Migration does not aim to ease restrictions on family reunification; notes the importance of enabling those already present in the EU to reunite with family members, including unaccompanied children; encourages a more inclusive definition of the family to include underage siblings, customary law spouses and extended family members where there is a special relationship of dependence.
Amendment 73 #
2015/2094(INI)
Motion for a resolution
Recital Y a (new)
Recital Y a (new)
Ya. whereas domestic workers and carers are important contributors to social protection systems, but their role is often underrepresented, misunderstood or absent from any reform on these issues;
Amendment 76 #
2015/2094(INI)
Motion for a resolution
Recital Y b (new)
Recital Y b (new)
Yb. whereas the increase in the length of waiting lists for support and care services is increasing the reliance on domestic workers and carers;
Amendment 87 #
2015/2094(INI)
Motion for a resolution
Paragraph 2 – point b
Paragraph 2 – point b
(b) introducing the necessary steps for the professionalisation of domestic work and care, leading to the recognition and standardisation of the relevant professions and skills and the opportunity for domestic workers and carers to build a career and receive recognition for their work;
Amendment 88 #
2015/2094(INI)
Motion for a resolution
Paragraph 2 – point b
Paragraph 2 – point b
(b) introducing the necessary steps for the professionalisation of domestic work and care, leading to the recognition and standardisation of the relevant professions and skills, including rights accumulated during time as domestic workers or carers;
Amendment 90 #
2015/2094(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasising the need for fair remuneration for all domestic workers and carers, some of whom are required to support a family;
Amendment 141 #
2015/2094(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the Commission and the competent European agencies to conduct a study comparing different systems of regularised domestic work and to collect data with regard to the situation in the Member States; asks the Commission to launch a study on the contribution of carers and domestic workers to social protection systems throughout Europe;
Amendment 146 #
2015/2094(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Highlights the need for the Member States to ensure broader access to easily available and affordable high-quality and community-based childcare, disability care and elderly care facilities, through adequate financing, thus minimising the reasons to undertake these duties on an informal or precarious basis and improving the recognition of the value of the work undertaken by professional care-givers;
Amendment 3 #
2015/2074(BUD)
B. whereas gender stereotypes might prevent or discourage women from starting or advancing their careers, leading to inequality and missed opportunities for the economy and job creation; emphasises that the Commission must do more to promote education and training for women and girls, specifically in science, technologies, engineering, maths and Information Technology where a significant skills gap exists and which hold huge potential for future growth; there will be an estimated 7.7million STEM jobs by 2025 and an estimate 825 000 unfilled vacancies for ICT professionals by 2020;
Amendment 39 #
2015/2051(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need for readily accessible, comprehensive and coordinated sexual and reproductive health services for all women in crisis situations;
Amendment 6 #
2015/2040(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that scrutinising the declarations of financial interests of the Commissioners-designate involves not only checking whether a declaration has been duly completed, but also establishing whether its contents reveal a conflict of interest; considers, in that case, that the Committee on Legal Affairs should have genuine investigative powershanced powers of scrutiny, including, in particular, the option of demanding the disclosure of any further information needed in order to carry out an in-depth assessment of the declarations, and the power to require the presence of the Commissioner-designate to answer further questions on the basis of the financial declarations without encroaching upon the privilege of the lead committee to conduct the hearing;
Amendment 10 #
2015/2040(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that it would be easier to guarantee the independence of Commissioners-designate if the Commission were not composed of one national of each Member State, in accordance with the spirit of Article 17(5) of the Treaty on European Union; takes the view that the Commissioners’ portfolios and the respective remits of the parliamentary committees should be linked; therefore calls on the European Council to review its decision on the number of Commissioners and to reduce it before the next Commission is appointedConsiders it desirable that there be a greater alignment between the Commissioners’ portfolios and the respective remits of the parliamentary committees, without the privilege of each institution to determine its own internal structure and composition being infringed by the other;
Amendment 13 #
2015/2040(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that it would be easier to guarantee the independence of Commissioners-designate if the Commission were not composed of one national of each Member State, in accordance with the spirit of Article 17(5) of the Treaty on European Union; takes the view that the Commissioners’ portfolios and the respective remits of the parliamentary committees should be linked; therefore calls on the European Council to review its decision on the number of Commissioners and to reduce it before the next Commission is appointed and with the understanding that the lead committee will make the final recommendation to the Conference of Presidents;
Amendment 14 #
2015/2040(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Proposes that an own-initiative report should be undertaken specifically into the issue of conflicts of interest in the financial declarations made by Commissioners-designate;
Amendment 17 #
2015/2040(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Further considers that, in this context, the gender balance of the proposed College should occupy a significant place in the process.
Amendment 20 #
2015/2040(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that there should be, in order to encourage more in-depth discussion, the structure of the hearing should allow for more flexibility, especially as regards the time allowed forright of Members to ask supplementary questions. ;
Amendment 22 #
2015/2040(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that the Parliament in plenary should have the right to vote on individual commissioners-designate;
Amendment 72 #
2015/0288(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to remain competitive on global markets, the Union needs to successfully answer the multiple challenges raised today by an increasingly technologically-driven economy. The Digital Single Market Strategy38 lays down a comprehensive framework facilitating the integration of the digital dimension into the Single Market. The first pillar of the Strategy tackles fragmentation in intra-EU trade by approaching all major obstacles to the development of cross-bordershould remove obstacles to cross-border economic activity that prevent the internal market from exploiting its full potential for growth and the creation of quality jobs and to meet the challenges of an increasingly technologically-driven e-commerce. _________________ 38nomy. COM(2015) 192 final.
Amendment 74 #
2015/0288(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 169(1) and point (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU.
Amendment 75 #
2015/0288(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection and Article 47 of the Charter provides that everyone whose rights under Union law are violated shall have the right to an effective remedy. Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices.
Amendment 79 #
2015/0288(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital singleand well-functioning internal market, the harmonisation of certain aspects concerning contracts for sales of goods, taking as a base a high level of consumer protection, is necessaryjustifiable.
Amendment 82 #
2015/0288(COD)
Proposal for a directive
Recital 3
Recital 3
(3) E-commerce is the maina key driver for growth within the Digital Single Market. However its growth potential is far from being fully exploited. In order to strengthen Union competiveness and to boost growth, the Union needs to act swiftly and encourage economic actors to unleash the full potential offered by the Digital Single Market. The full potential of the Digital Single Market can only be unleashed if all market participants enjoy smooth access to the online sales of goods and are able to confidently to engage in e- commerce transactions. Contracts are an indispensable legal tool for most economic transactions. The contract law rules on the basis of which market participants conclude transactions are among the key factors shaping business’ decisions whether to offer goods online cross-border. Those rules also influence consumers’ willingness to embrace and trust this type of purchase.
Amendment 87 #
2015/0288(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) This Directive should guarantee a high level of consumer protection, to provide consumers with appropriate reassurance when they are wishing to enter into cross-border contracts. These rules should maintain or improve upon the level of protection that consumers enjoy at present under national or Union law.
Amendment 89 #
2015/0288(COD)
Proposal for a directive
Recital 5
Recital 5
(5) TheCertain Union rules applicable to the online and other distance sales of goods are still fragmented althoughhave already been harmonised, including rules on pre- contractual information requirements, the right of withdrawal and delivery conditions have already been fully harmonised. Other key contractual elements such as the conformity criteria, the remedies and modalities for their exercise for goods which do not conform to the contract are subject to minimum harmonisation inregulated at a minimum level by Directive 1999/44/EC of the European Parliament and of the Council39 . Member States have been allowed to go beyond the Union standards and introduce rules that ensure even higher level of consumer protection. Having done so, they have acted on different elements and to different extents. ThusIn practice therefore, national provisions transposing the Union legislation on consumer contract law significantly diverge today on essential elements of a sales contract, such as the absence or existence of a hierarchy of remedies, the period of the legal guarantee, the period of the reversal of the burden of proof, or the notification of the defect to the seller. _________________ 39 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees OJ L 171, 7.7.1999, p.12.
Amendment 91 #
2015/0288(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Existing disparities may adversely affect businesses and consumers. Pursuant to Regulation (EC) No 593/2008 of the European Parliament and of the Council40 , businein relation to contract law in different Member States may adversely affect businesses and consumers, in addition to other key regulatory and non-regulatory issues directing activities to consumers in other Member Stasuch as tax laws, delivery network issues, payment systems need to take account of the mandatory consumer contract law rules of the consumer’s country of habitual residence. As these rules differ among Member States, businesses may be faced with additional costs. Consequently many businesses may prefer to continue trading domestically or only export to one or two Member States. That choice of minimising exposure to costs and risks associated with cross-border e-commerce resand language barriers. However, the main difficulties encountered by consumers and the main source of disputes with sellers concern the non-conformity of goods with the contract. It is therefore necessary to improve consumer confidence in the internal market by providing for a high level of consumer protection and a modernised legal regime for the sale of consumer goods and associated guarantees. Those rultes in lost opportunities of commercial expansion and economies of scale. Small and medium enterprises are in particular affected. _________________ 40 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) OJ L177, 4.7.2008, p.6may provide an appropriate legal framework whilst still allowing Member States flexibility in implementation to improve protection for consumers.
Amendment 94 #
2015/0288(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 104 #
2015/0288(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive should establish a set of clear common rules for the contractual rights of consumers when buying goods and help to provide a stable trading environment for sellers. This set of rules should recognise that consumers and sellers are not on an equal footing so that the legal framework must be just and fair to ensure a high level of consumer protection whilst still recognising the concerns of businesses, including small businesses.
Amendment 105 #
2015/0288(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) The definition of consumer should cover natural persons who are acting outside their trade, business, craft or profession. However, in the case of dual- purpose contracts, where the contract is concluded for purposes partly within and partly outside natural person's trade, business, craft or profession and the trade or equivalent purpose and that purpose is so limited as not to be predominant in the overall context of the contract, that person should also be considered to be a consumer. In order to determine whether a natural person is acting fully or partly for purposes which come within that person's trade, business, craft or profession, the way in which the person in question has acted towards the other contracting party should be taken into account.
Amendment 107 #
2015/0288(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Fully harmonisedA clear framework of harmonisation for consumer contract law rules will make it easier for traders to offer their products in other Member States. Businesses will have reduced costs as they will no longer need to take account of different consumer mandatory rules. They will enjoy more legal certainty when selling at a distance to other Member States through a more stable contract law environment.
Amendment 113 #
2015/0288(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers. Consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules. This in turn would increase their trust in the cross-border commerce at a distance and in particular online. Consumers will more confidently buy at a distance cross- border knowing they would enjoy the same rights across the Union.
Amendment 117 #
2015/0288(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 124 #
2015/0288(COD)
Proposal for a directive
Recital 13
Recital 13
(13) This Directive should not apply to goods like DVDs and CDs incorporating digital content in such a way that the goods function only as a carrier of the digital content. However, this Directive should apply to digital contentdigital content or digital services integrated in goods such as household appliances, toys or stoyrage devices where the digital content is embedded in such a way that its functions are subordinate to the main functionalities of the goods and it operates as an integral part of the goods and cannot be uninstalled easily by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the goods.
Amendment 129 #
2015/0288(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should not affect contract laws of Member States in areas not regulated by this Directive. Member States should also be free to provide more detailed conditions in relation to aspects regulated in this Directive to the extent those are not fully harmonised by this Directive: this concerns limitation periods for exercising the consumers' rights, commercial guarantees, and the right of redress of the seller, and its implementation should under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of Union law.
Amendment 135 #
2015/0288(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Where referring to the same concepts, the rules of this Directive should be applied and interpreted in a manner consistent with the rules of Directive 1999/44/EC and, where relevant and appropriate, Directive 2011/83/EU of the European Parliament and of the Council41 as interpreted by the case law of the Court of Justice of the European Union. _________________ 41 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council OJ L 304, 22.11.2011, p.64.
Amendment 138 #
2015/0288(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to balance the requirement of legal certainty with an appropriate flexibility of theinterpretation of legal rules, any reference to what can be expected of or by a person in this Directive should be understood as a reference to what can reasonably be expected. The standard of reasonableness should be objectively ascertained, having regard to the nature and purpose of the contract, to the circumstances of the case and to the usages and practices of the parties involvedto a contract. In particular, the reasonable time for completing a repair or replacement should be objectively ascertained, having regard to the nature of the goods and the lack of conformity.
Amendment 141 #
2015/0288(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected, it is essential to fullyjustifiable to harmonise rules for determining the conformity with the contract. Applying a combination of subjective and objective criteria should safeguard legitimate interests of both parties to a sales contract. Conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre-contractual information which forms an integral part of the contract - but also certain objective requirements which constitute the standards normally expected for goods, in particular in terms of fitness for the purpose, durability, packaging, installation instructions and normal qualities and performance capabilities.
Amendment 143 #
2015/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) A large number of consumer goods are intended to be installed before they can be usefully usedd in practice by the consumer. Therefore any lack of conformity resulting from an incorrect installation of the goods should be regarded as a lack of conformity with the contract where the installation was performed by the seller or under the seller's control, as well as where the goods were installed by the consumer but the incorrect installation is due to incorrect installation instructions.
Amendment 144 #
2015/0288(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Conformity should cover material defects as well as legal defects. Third party rights and other legal defects might effectivelyshould not bar the consumer from enjoying the goods in accordance with the contract when the right's holder rightfully compels the consumer to stop infringing those rights. Therefore the seller should ensure that the goods are free from any right of a third party, which precludes the consumer from enjoying the goods in accordance with the contract.
Amendment 148 #
2015/0288(COD)
Proposal for a directive
Recital 22
Recital 22
(22) While freedom of contract with regard to the criteria of conformity with the contract should be ensured, iIn order to avoid circumvention of the liability for lack of conformity and ensure a high level of consumer protection, any derogation from the mandatory rules on criteria of conformity and incorrect installation, which is detrimental to the interests of the consumer, shall not be valid only if the consumer has been expressly informed and has expressly consented to it when concluding the contract.
Amendment 151 #
2015/0288(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy. Similarly, keeping non-compliant products out of the Union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market. For theose purposes, product specific Union legislation, such as Council Directive 85/374/EEC1a , is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products, using for this purpose adapted criteria. This Directive should therefore be complementary to the objectives followed in this Union sector specific legislation. In so far as sproduct liability legislation. Specific durability information ishould be indicated in any pre- contractual statement which forms part of the sales contract, the consumwhich should be part of the criteria for conformity. Furthermore, sellers should be able to rely on them as a part of the criteria for conformityinform consumers about the availability of spare parts which are necessary for the use of the product. _________________ 1a Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
Amendment 154 #
2015/0288(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Considering that the seller is liable towards the consumer for any lack of conformity of the goods resulting from an act or omission of the seller or a third party, it is justified that the seller should be able to pursue remedies against the responsible person in earlier links of the chain of transactions.
Amendment 155 #
2015/0288(COD)
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23 b) The Commission considered in its Green Paper on Guarantees for Consumer Goods1a that in modern societies the confidence of consumers is bound with their faith in the manufacturers; Directive 1999/44/EC envisages more far-reaching provisions on producers' liability, in particular by providing for producers' direct liability for non-conformity for which they are responsible. _________________ 1a OJ C 338, 15.12.1993.
Amendment 156 #
2015/0288(COD)
Proposal for a directive
Recital 23 c (new)
Recital 23 c (new)
(23 c) The liability of producers in these circumstances should be construed as deriving from a clause enforceable against the producer as a contractual guarantee, a breach of which would trigger a claim for damages for non- conformity. For the purposes of this approach, this Directive should include an appropriate definition of 'producer’.
Amendment 157 #
2015/0288(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Enhancing legal certainty for both consumers and sellers requires a clear indication of the time when the conformity of the goods to the contracts should be assessed, subject to national rules on the commencement of prescription periods in exceptional cases. In order to ensure coherence between the present Directive and Directive 2011/83/EU it is appropriate in general to indicate the time of the passing of risk as the time for assessing the conformity of the goods. However, in cases where the goods need to be installed, that relevant time should be adapted.
Amendment 160 #
2015/0288(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully and to provide a high level of consumer protection, it is justified to harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in addition to a short-term right to reject goods, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In addition, in order to increase legal certainty in relation to the available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products, the principle of free choice of remedies should be harmonised.
Amendment 167 #
2015/0288(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 179 #
2015/0288(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement are not feasible or have failed, the consumer should also enjoy the right to terminate the contract in cases where the lack of conformity is minor. This would provide a strong incentive to remedy all cases of a lack of conformity at an early stage. In order to make the right to terminate effective for consumers, in situations where the consumer acquires multiple goods, some being an accessory to or acquired in conjunction with the main item which the consumer would not have acquired without the main item, and the lack of conformity impacts that main item, the consumer should have the right to terminate the contract also in relation to the accessory or additional elements, even if the latter are in conformity with the contract.
Amendment 182 #
2015/0288(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to ensure the effectiveness of the right to terminate for consumers while avoiding the consumer's unjustified enrichment, the consumer's obligation to pay for the decrease of the value of the goods should be limited to those situations where the decrease exceeds normal use, and where it is possible to take a proportionate approach. In any case the consumer should not be obliged to pay more than the price agreed for the goods. In situations where the return of the goods is impossible due to their destruction or loss, the consumer should pay the monetary value of the goods which were destroyed. However, the consumer should not be obliged to pay the monetary value where the destruction or loss is caused by the lack of conformity of the goods with the contract.
Amendment 188 #
2015/0288(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to increase legal certainty for sellers and overall consumer confidence in cross-border purchases it is necessaryjustified to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods, subject to national rules on which the prescription period starts to run. Considering that the large majority of Member States have foreseen a two-year period when implementing Directive 1999/44 and in practice this is considered by market participants as a reasonable period, this period should be maintained.
Amendment 190 #
2015/0288(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 193 #
2015/0288(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 194 #
2015/0288(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be afforded the right to initiate proceedings, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings. It is also important that Member States continue to be mindful of the need for consumers to be informed about, enabled and facilitated to enforce their rights in practice, including through claiming remedies collectively where appropriate.
Amendment 195 #
2015/0288(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) In the light of the significance of the issues and rights addressed in this Directive for the internal market and for consumers and citizens of the Union, this Directive should be subject to close scrutiny and review, to include meaningful and detailed consultation and involvement with Member States and consumer, legal and business organisations at Union level.
Amendment 198 #
2015/0288(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Since the objectives of this Directive, namely to contribute to the functioning of the internal market by tackling in a consistent manner contract law-related obstacles for the online and other distance sales of goodimprove the conditions for the establishment and the functioning of the internal market, to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 201 #
2015/0288(COD)
Proposal for a directive
Recital 43
Recital 43
Amendment 202 #
2015/0288(COD)
Proposal for a directive
Article 1 – title
Article 1 – title
Subject matter and scope, scope and objectives
Amendment 208 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Directive aims to improve the conditions for the establishment and the functioning of the internal market, to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders.
Amendment 213 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall not apply to any durable medium incorporating digital content where the durable medium has been used exclusively as a carrier for the supply of the digital content to the consumergoods in which digital content or digital services are embedded unless the seller or producer proves that the lack of conformity lies in the hardware of the goods, nor to tangible media the main function of which is to carry digital content.
Amendment 218 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. In so far as not regulated therein, tThis Directive shall not affect national general contract laws such as rules on the formation, the validity or effects of contracts, prescription periods, including the consequences of the termination of a contract.
Amendment 221 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘'consumer’' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession; where the contract is concluded for a purpose which is partly within and partly outside that natural person's trade, business, craft or profession or an equivalent purpose and that purpose is so limited as not to be predominant in the overall context of the contract, that person shall also be considered to be a consumer;
Amendment 222 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘seller’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf or as an intermediary for a natural person, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive;
Amendment 223 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) 'producer', in relation to goods, means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who, by putting his name, trade mark or other distinguishing feature on the product, holds himself out to be its producer;
Amendment 226 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) 'embedded digital content or digital service' means pre-installed digital content, or an inherent digital service, which operates as an integral part of the goods and cannot be easily uninstalled by the consumer or which is necessary for the conformity of the goods with the contract;
Amendment 237 #
2015/0288(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall not maintain or introduce provisions diverging from those laid down in this Directive including more or less stringent provisions to ensure a different level of consumer protection. may adopt or maintain in force more stringent provisions than those laid down in this Directive for the protection of consumers, and the implementation of this Directive shall under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of Union law.
Amendment 240 #
2015/0288(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
This Directive shall be without prejudice to general substantive and procedural rights which consumers may invoke under national laws governing contractual or non-contractual liability.
Amendment 242 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) be ofpossess the quantity, quality of and description required by the contract, which includes that where the seller shows acorrespond to the description of the sample or model thereof; where a contract is concluded by reference to a sample or model of the goods that is seen or examined by the consumer before the contract is concluded, the goods shall: (i) match the sample or a model to the consumer, the goods shall possesexcept to the extent that any differences between the sample or model and the goods are brought to the consumer's attention before the contract is concluded; and (ii) be free from any defect that renders their quality of and correspond to the descripunsatisfactory and that would not be apparent on a reasonable examination of thise sample or model;
Amendment 246 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time of the conclusion of the contract and which the seller has accepted; and
Amendment 250 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Any agreement excluding, derogating from or varying the effects of Articles 5 and 6 to the detriment of the consumer is valid only if, at the time of the conclusion of the contract, the consumer knew of the specific condition of the goods and the consumer has expressly accepted this specific condition when concluding the contractshall be invalid.
Amendment 255 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The goods shall, where relevantapplicable:
Amendment 258 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities, durability and performance capabilities which are normal in goods of the same type, including in relation to appearance, safety and freedom from all defects, which are satisfactory and which the consumer maycan expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions, including the producer, unless the seller shows that:
Amendment 262 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
(ii) by the time of conclusion of the contract the statement had been corrected and the consumer could not reasonably have been unaware of that correction; or
Amendment 265 #
2015/0288(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Pre-contractual information Where the provisions of Directive 2011/83/EU require the seller to provide information to the consumer before the contract becomes binding, any of that information that was provided by the seller other than information about the main characteristics of goods shall be deemed to be included as a term of the contract.
Amendment 274 #
2015/0288(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In cases where the goods were installed by the seller or under the seller’s responsibility, the time when the installation is complete shall be considered as the time when the consumer has acquired the physical possession of the goods. In a case where the goods were intended to be installed by the consumer, the time when the consumer had reasonable time for the installation, but in any caseeing not later than 30 days after the time indicated in paragraph 1, shall be considered as the time when the consumer has acquired the physical possession of the goods, save where the complexity of the installation requires a longer time.
Amendment 288 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the case of a lack of conformity with the contract, the consumer shall be entitled to havechoose any of the following remedies: (a) having the goods brought into conformity by the seller, free of charge, by repair or replacement in accordance with Article 11; (b) being granted a proportionate price reduction in accordance with Article 12; (c) terminating the contract in accordance with Article 13.
Amendment 290 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A repair or replacement shall be completed within a reasonable time, and in any case within 30 days from the moment the seller has acquired physical possession of the goods, and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
Amendment 295 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 312 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5 a. This Article does not preclude the consumer from seeking any national remedies which may also be available. Those national remedies may apply: (a) in addition to the remedies provided for by this Article, but not so as to allow the consumer to recover twice for the same loss; or (b) instead of the remedies provided for by this Article; or (c) where no such remedy is provided for by this Article.
Amendment 315 #
2015/0288(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where the seller remedies the lack of conformity with the contract by replacement, the seller shall take back the replaced goods at the seller's expense unless the parties have agreed otherwise after the lack of conformity with the contract has been brought to the seller's attention by the consumer.
Amendment 331 #
2015/0288(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
The reduction of price shall be proportionate toappropriate and reasonable, and, where possible, proportionate taking into account the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if in conformity with the contract.
Amendment 341 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the lack of conformity with the contract relates to only some of the goods delivered under the contract and there is a ground for termination of a contract pursuant to Article 9, the consumer may terminate the contract only in relation to those goods and any other goods, which the consumer acquired as an accessory to or in conjunction with the non-conforming goods.
Amendment 358 #
2015/0288(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Short-term right to reject Without prejudice to any other rights under this Directive or otherwise, the consumer shall have a right to reject goods for non-conformity with the contract by returning them within 30 days of receipt.
Amendment 363 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 or from the date on which the applicable prescription period starts to run, whichever is the later. After two years from that date, the consumer may still be entitled to a remedy for lack of conformity to the extent that he or she can establish that any fault which develops was inherent in the goods at the time of purchase. If, under national legislation, remedies for the lack of conformity with the contract under this Directive are subject to a limitaprescription period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contract.
Amendment 385 #
2015/0288(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Commercial guarantees for lifespan 1. The producer of technical or other durable goods shall indicate to the seller and the consumer the lifespan of the goods. The indicated timeframe shall reflect the reasonable expectations of the consumer and shall not be shorter than two years unless justified by the particular nature of the goods concerned. 2. Where goods do not conform to their lifespan as specified in accordance with paragraph 1, this shall be construed as a breach enforceable by the consumer directly against the producer as a contractual guarantee, which may give rise to remedies for non-conformity.
Amendment 389 #
2015/0288(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the seller is liable to the consumer because of a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the seller may pursue remedies, and the relevant actions and conditions of exercise, shall be determined by national law. However, the seller shall be entitled to pursue remedies for at least the duration of the legal guarantee period, and the period during which a presumption exists that any lack of conformity with the contract already existed at the time indicated in Article 8(1) and (2) shall be no shorter than as provided for in Article 8(3).
Amendment 394 #
2015/0288(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Information requirement on spare parts and accessories The seller shall inform the consumer in a clear and intelligible manner of the existence of any spare parts or accessories available on the market and necessary for the use of the goods sold.
Amendment 395 #
Amendment 396 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, taking account in particular of the need for consumers to be informed about their rights and enabled and facilitated to enforce those rights in practice. Such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate.
Amendment 397 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies,representative bodies, under justified and appropriate criteria as determined by national law, may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are applied. Such bodies shall include but shall not be limited to:
Amendment 398 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) public bodies or their representatives; and
Amendment 399 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) consumer organisations having a legitimate interest in protecting consumers; and
Amendment 400 #
2015/0288(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Any contractual agreement which, to the detriment of the consumer, excludes the application of national measures transposing this Directive, derogates from them or varies their effect before the lack of conformity with the contract of the goods is brought to the seller's attention by the consumer shall not be binding on the consumer unless parties to the contract exclude, derogate from or vary the effects of the requirements of Articles 5 and 6 in accordance with Article 4 (3).
Amendment 409 #
2015/0288(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a Review 1. The Commission shall keep the application and implementation of this Directive under close scrutiny and review. This process shall include meaningful and detailed consultation and involvement of the Member States and of consumer, legal and business organisations at Union level. 2. No later than (...), the Commission shall submit a report to the European Parliament and to the Council taking full account of the process of scrutiny and review referred to in paragraph 1. That report shall include, inter alia, a detailed analysis of the impact of provisions of this Directive on the burden of proof in Member States.
Amendment 150 #
2015/0287(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to allow businesses and consumers to rely upon clear rules across the Union reflecting good customer- focused commercial practice, without prejudice to any other rights under this Directive or otherwise, the consumer should have a right to reject digital content or services for non-conformity by returning them to the relevant supplier or unsubscribing as applicable.
Amendment 172 #
2015/0287(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Considering that the seller is liable towards the consumer for any lack of conformity of the digital content or service resulting from an act or omission of the seller or a third party it is justified that the seller should be able to pursue remedies against the responsible person earlier in the chain of transactions.
Amendment 173 #
2015/0287(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12 b) The European Commission considered in its Green Paper on Guarantees for Consumer Goods1a that in modern societies the confidence of consumers is bound with their faith in the manufacturers; Directive 1999/44/EC envisages more far-reaching provisions on producers' liability, notably by providing for producers' direct liability for non-conformity for which they are responsible. _________________ 1a OJ C 338, 15.12.1993.
Amendment 427 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. 'interoperability' means the acompatibility of the digital content to perform all its functionalities in interaction with a concrete digital environment;and its functions with a standard hardware and software environment other than the one in which it is supplied including the fact that consumers can access digital content without having to use applications or other technologies to convert the content they want to have access to.
Amendment 578 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) wThether the digital content is supplied in exchange for a price or other cou interoperability that the consumer may reasonably expect from an electronic file supplied for an unlimited period of time requires, whatever the provisions of the contract may be, that this electronic file shall be supplied in an open format only. The supplier of such a file which uses proprietary technological protection measures shall make available to other suppliers of files or digital services which so request, the information which is necessary for the purpose of inter-operformance than money;ability. It shall not impose other hardware or software limitations preventing the access and use to a file in a digital environment other than the one in which it has been supplied, meaning that consumers can access digital content without having to use applications or other technologies to convert the content they want to have access to.
Amendment 782 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Without prejudice to any other rights under this Directive or otherwise, the consumer has a right to reject digital content or services for non-conformity by returning them to the relevant supplier or unsubscribing as applicable.
Amendment 968 #
2015/0287(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Where the seller is liable to the consumer because of a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the seller may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law. However, the seller shall be entitled to pursue remedies for at least the duration of the legal guarantee period, and the reversal of the burden of proof shall be no shorter than as provided for in Article 9 .
Amendment 30 #
2015/0284(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles to cross- border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and/or related rights such as audiovisual works are oftennot always licensed on a multi-territorial basis as well as from the fact that online service providers may choose to serve specific markets only.
Amendment 32 #
2015/0284(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles to cross- border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and/or related rights such as audiovisual works are often licensed on a territorial basis, which may be unjustified, as well as from the fact that online service providers may choose to serve specific markets only.
Amendment 39 #
2015/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers toable and ensure cross-border portability of online content services in the Union and that the cross- border portability can be ensured, by providing a strictly interpretable legal fiction aimed at removing barriers to portability of legally acquired content related to licensing of rights.
Amendment 57 #
2015/0284(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 58 #
2015/0284(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles toThe problems associated with cross- border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and/or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only. differ from one sector to another: whereas the music industry began to resolve these problems by proposing multi-territorial or pan-European licenses following the implementation of Directive 2014/26/EU of the European Parliament and of the Council1a, the audiovisual sector, where the model of exclusive territorial licensing predominates, is currently confronted with barriers in providing their content services on a portable basis across the Union. This Regulation aims to solve all the difficulties of adjusting to portability in all sectors concerned through a legal fiction, without affecting the high level of protection guaranteed by the copyright and related rights in the Union, especially the existing territorial licensing model. _____________________ 1aDirective 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72).
Amendment 69 #
2015/0284(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Nothing in this Regulation should be interpreted as restricting a service provider from offering its services to a customer permanently located in another Member State.
Amendment 71 #
2015/0284(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) For the licensing of copyright and related rights, this means that relevant acts of reproduction, communication to the public and making available of works and other protected subject-matter, as well as the acts of extraction or re-utilization in relation to databases protected by sui generis rights, which occur when the service is provided to subscribers when they are temporarily present in a Member State other than their Member State of residence, should be deemed to occur in the subscribers' Member State of residence. The service providers, therefore, should be deemed to carry out such acts on the basis of the respective authorisations from the right holders concerned for the Member State of residence of these subscribers. Whenever service providers can carry out acts of communication to the public or reproduction in the Member State of the subscriber on the basis of an authorisation from the right holders concerned, a subscriber who is temporarily present in a Member State other than his Member State of residence should be able to access and use the service and where necessary carry out any relevant acts of reproduction such as downloading which he would be entitled to do in his own Member State of residence. Tresidence. Provided that the Member State of residence of the subscriber has been effectively verified in accordance with this Regulation, the provision of an online content service by a service provider to a subscriber temporarily present in a Member State other than his or her Member State of residence and the use of the service by such a subscriber in accordance with this Regulation should not constitute a breach of copyright and related rights or any other rights relevant for the use of the content in the service.
Amendment 81 #
2015/0284(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should, therefore, apply to online content services that a service provider, after having obtained the relevant rights from right holders in a given territory, provides to its subscribers on the basis of a contract, by any means including streaming, downloading or any other technique which allows use of that content. A registration to receive content alerts, a simple registration based on general personal information such as the user's email-address or name, or a mere acceptance of HTML cookies should not be regarded as a contract for the provision of online content service for the purposes of this Regulation.
Amendment 84 #
2015/0284(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles, in particular the right to respect for private and family life, the right to protection of personal data, the right to property, including intellectual property rights, the freedom of expression and the freedom to conduct a business. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and must be in compliance with Directives 95/46/EC27 and 2002/58/EC28 . In particular, service providers must ensure that any processing of personal data under this Regulation must be necessary and proportionate in order to achieve the relevant purpose. __________________ 27 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31–50). 28 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.07.2002, p 37), called, as amended by Directives 2006/24/EC and 2009/136/EC, the "e- Privacy Directive".
Amendment 87 #
2015/0284(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
Amendment 87 #
2015/0284(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money. Providers of such services are in a position to verify the Member State of residence of their subscribers. The right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service, or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider. The payment of a mandatory fee such as a broadcasting licence fee should not be regarded as a payment of money to receive access to those online content services on a cross-border portable basis.
Amendment 95 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these servicesir member state of residence can access and use these services when temporarily present in another Member State.
Amendment 97 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these services, on the condition that the provider of online content services has verified the subscriber's Member State of residence.
Amendment 106 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) "Member State of residence" means the Member State where the subscriber is habitually residing and to which the subscriber returns regularly, and which the provider can verify as such, in accordance with Article 3a;
Amendment 117 #
2015/0284(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts designed to prohibit or limit the cross- border portability of online content services across the Union should be unenforceable. With regard to present and future arrangements between online content service providers and rightholders, the decision to provide portability to subscribers temporarily present in another Member State cannot be made subject to contractual provisions. Online content service providers and rightholders should not be allowed to circumvent the application of this Regulation by opting for the law of a non- Member State of the Union as the law applicable to contracts which they conclude.
Amendment 121 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service shall enable a subscriber who is verified as temporarily present in a Member State to access and use the online content service.
Amendment 121 #
2015/0284(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) This Regulation defines several concepts which are necessary for its application, including that of Member State of residence. The Member State of residence should be determined, taking into account the objectives of this Regulation and the need to ensure its uniform application within the Union. Regarding current and future arrangements related to online content services, the provision of portability to subscribers temporarily present in another Member State should not give rise to any special contractual provisions, especially with regard to a certain time limit during which service providers grant portable access to their online content services across the Union.
Amendment 122 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The obligation set out in paragraph 1 shall not extend to cross- border access of online content for which the service provider has not acquired authorisation for use from the right holder.
Amendment 123 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
(1b) The obligation set out in paragraph 1 shall apply from ... [12 months following the day of the publication of this Regulation in the Official Journal of the European Union].
Amendment 129 #
2015/0284(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 141 #
2015/0284(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) This Regulation should not affect the application of Directive 2014/26/EU of the European Parliament and of the Council1a and in particular Title III thereof relating to multi-territorial licensing of online rights. This Regulation is fully consistent with the objective of facilitating the lawful access to content, which is protected by copyright and related rights, as well as services linked thereto. ____________________ 1a Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72).
Amendment 144 #
2015/0284(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) While this Regulation is concerned exclusively with the usage of content where the user is temporarily present in another Member State, nothing contained therein should be construed as preventing the introduction of a system of cross- border access, nor as specifically defending a system of territoriality.
Amendment 154 #
2015/0284(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Evaluation Three years after the entry into force of this Regulation the Commission shall assess the application of this Regulation and shall submit a report thereon to the European Parliament and to the Council. The report shall include an assessment of the use of cross-border portability and the verification of the Member State of residence and, if necessary, on the need for a review. The Commission's report shall be accompanied, if appropriate, by a legislative proposal.
Amendment 158 #
2015/0284(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approachlegal framework to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these servicesportable and legally acquired online content services in their Member State of residence can access and use these services when temporarily present in another Member State.
Amendment 163 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation applies to all online content services provided to a subscriber against payment of money.
Amendment 165 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) "Subscriber" means any consumer who, on the basis of a contract for the provision of an online content service with a provider, maycan access and use such service in the Member State of residence;
Amendment 177 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) "Temporarily present" means a non-permanent presence of a subscriber in a Member State other than this or her Member State of residence;
Amendment 180 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in tto a subscriber in his or her Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of access to and use of works, other protected subject matter or transmissions of broadcasting organisations, whether in a linear or an on- demand manner,
Amendment 190 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 195 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Paragraph 1 is without prejudice to the possibility for a service provider to allow a subscriber to also access and use the content licensed to the service provider in the Member State where the subscriber is temporarily present.
Amendment 198 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 227 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Clauses in contracts between a service provider and a subscriber designed to prohibit or limit the cross-border portability of online content services shall be unenforceable under this Regulation.
Amendment 228 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1b (new)
Article 5 – paragraph 1b (new)
1b. The application of this Regulation cannot be circumvented by virtue of the choice of the law of a non-Member State of the Union as the law applicable to contracts signed between service providers and rightholders or to contracts between service providers and subscribers.
Amendment 235 #
2015/0284(COD)
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, for purposes of verification of the Member State of residence under Article 5(2)3b, shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC.
Amendment 239 #
2015/0284(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Three years after the entry into force of this Regulation, and every three years thereafter, the Commission shall assess the application of this Regulation and submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall include, inter alia, an assessment of the effectiveness of the verification means of the Member State of residence, including newly developed industry standards and practices. The Commission's report shall be accompanied, if appropriate and necessary, by legislative or non-legislative proposal(s).
Amendment 6 #
2015/0000(INI)
Draft opinion
Recital B
Recital B
B. whereas austerity measures and un, excessive fiscal consolidation, and imbalanced structural reforms oriented towards deregulation and the lowering of social and environmental standards have caused severe social hardship and a backlash against gender equality;
Amendment 7 #
2015/0000(INI)
Draft opinion
Recital B
Recital B
B. whereas austerity measures and unbalanced structural reforms oriented towards deregulation and the lowering of social and environmental standards have caused severe social hardship and a backlash against gender equalityhave eroded gender equality and women's empowerment;
Amendment 8 #
2015/0000(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the Commission's economic growth rates forecast for the EU and the Euro area are insufficient for a socially inclusive recovery leading to sustainable and fair long-term growth;
Amendment 10 #
2015/0000(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas women are affected by cuts to public services including health, education and housing both directly as users and employees, and indirectly through their support for family members who rely on core public services; whereas reductions in spending on health personnel has increased the care burden on women in many Member States who often work in conditions of precarity and exploitation;
Amendment 11 #
2015/0000(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the economic paradigm of austerity has failed, and its misguided prioritisation of fiscal consolidation must be replaced by a programme of significant sustainable investment in the real- economy across Europe;
Amendment 13 #
2015/0000(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the economic crisis, and the policies of fiscal consolidation which exacerbated it, have disproportionately affected women, and particularly women from marginalised communities, young women, and women suffering from multiple discrimination;
Amendment 15 #
2015/0000(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas labour market and job creation policies must strive for the creation of high quality jobs in line with the ILOs Decent Work Agenda;
Amendment 16 #
2015/0000(INI)
Draft opinion
Recital B e (new)
Recital B e (new)
Be. whereas persistent high rates of youth unemployment and social exclusion across the EU in recent years have led to a destruction of human capital, and have affected women and girls disproportionately; whereas these long- term impacts of the economic crisis must be addressed in a gender-sensitive manner;
Amendment 22 #
2015/0000(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Expresses concern at the continuing disproportionate political focus on fiscal consolidation in economic reforms and Country Specific Recommendations; Calls on the Commission and Member States to mobilise the political will to set out a new economic paradigm which will allow for sustainable private and public sector investment in order to stimulate sustainable, equitable, and inclusive growth;
Amendment 29 #
2015/0000(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes those country-specific recommendations (CSR) intended to advance gender equality, but considers it regrettable that the CSR on the whole have no gender dimension, specifically as regards labour market reforms; calls for specific equality policy guidance to be included in the annual growth survey, and for a gender perspective to be mainstreamed into the formulation of CSRs;
Amendment 38 #
2015/0000(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to conduct a gender impact assessment of the structural reforms implemented so far and to develop gender-based methodologies to examine the feminisation of poverty and social exclusion;
Amendment 46 #
2015/0000(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers it regrettable that the Investment Plan for Europe is not ambitious enough in terms of job creation and investing in real needs such as childcare, care of dependent persons, including the elderly, care infrastructure and services; notes the disproportionate impact this has on single parents, the vast majority of whom are women.
Amendment 49 #
2015/0000(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and Member States to formulate and implement CSRs on subjects specifically affecting the position of women in labour markets, including, among others: i) Removing the structural barriers women face in entering and advancing in male-dominated sectors, such as science, technology, entrepreneurship, finance, and the green economy; ii) Tackling the gender pay and gender pension gap across sectors; iii) Striving to increase the representation of women in economic decision-making across sectors; iv) Addressing the need for the empowerment of women and girls through formal and informal education, especially in field of science, technology, engineering, mathematics, entrepreneurship, economics and business studies; Address the need to improve skills matching, training and life- long learning facilities for women at work across sectors;
Amendment 50 #
2015/0000(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the financial and economic crisis has had serious implications for the demographic challenges facing Europe including the ageing population; notes that the gender pensions gap in Europe stands at 39%; emphasises that employment policies and the design of social transfer systems have profound implications for women's ability to make pension contributions and that CSRs should account for this; believes that the gender implications of longer working lives need to be examined;
Amendment 52 #
2015/0000(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises the need for the Commission and Member States to assess the impact of structural reform policies on women in marginalised communities, such as women from economically disadvantaged background, disabilities, immigrant and asylum-seeker, from minority backgrounds, those with mental health conditions, women carers, LGBTI women, and others suffering from multiple discrimination; Calls on the Commission to formulate CSRs specifically to address the obstacles faced by these women;
Amendment 53 #
2015/0000(INI)
6b. Expresses deep concern that cuts to the financing of women's organisations, institutions and equality bodies has led to closures and a signification scaling back of operations;
Amendment 55 #
2015/0000(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Highlights that labour market flexibility must not come at the cost of social protections such as minimum wages, collective bargaining rights, maternity and paternity rights, and the maintenance of secure quality jobs in line with the Decent Work Agenda; Highlights the important role of civil society engagement, social dialogue, trade unions and employee representation, in the formulation and implementations of labour market policies;
Amendment 56 #
2015/0000(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Expresses concern that the deregulation and flexibilisation of employment relations in many Member States has led to violations of employment laws, including direct and indirect discrimination against women;
Amendment 58 #
2015/0000(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the Commission and Member States to do more to use the recovery from the economic crisis as an opportunity to promote a more socially and environmentally sustainable economic model, by among other means, accelerating green job creation, and promoting social enterprise and alternative business models, such as mutuals and cooperatives.
Amendment 59 #
2015/0000(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Highlights that women in Europe are over-represented in part-time, temporary, low-paid and undeclared employment and that precarious forms of employment have spread in recent years as a result of austerity measures including the deregulation of the labour market and reform of labour rights and negotiations policies; is deeply concerned that levels of in-work poverty have increased.
Amendment 5 #
2014/2256(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 4, 26, 34, 114, 118 and 11867 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 6 #
2014/2256(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Given the importance of creative and cultural industries (CCI) in Europe and, given that employment in cultural industries cannot be easily outsourced, stresses the importance of the role of creative and cultural industries both in job creation and as an engine of growth for the European economy;
Amendment 12 #
2014/2256(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 11, 13, 14, 16, 17, 22 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 13 #
2014/2256(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industriesCCI sector and form the basis for their ability to generate economic activity and employment. Highlights that while the productivity of the CCI sector continues to grow, the earnings of rights- holders in the sector are decreasing;
Amendment 14 #
2014/2256(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that the European cultural markets are naturally heterogeneous because of the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;
Amendment 16 #
2014/2256(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the Berne Convention for the Protection of Literary and Artistic Works, and expressly to the Three Steps Test,
Amendment 17 #
2014/2256(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the copyright framework and its enforcement on the basis of the Charter of Fundamental Rights of the EU, that attains and safeguards a fair remuneration for artists, creators and rightholders plays a vital role in encouraging creativity, fostering cultural diversity and ensuring the creation of new creative and cultural content across the Union;
Amendment 18 #
2014/2256(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of the 20th October 2005,
Amendment 22 #
2014/2256(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls that there is nothing within the current legal framework to prohibit the use of multi-territorial and pan- European licences, notes however that the demand for those licences remains weak, and stresses that these licences should remain optional; emphasizes that multi- territorial and pan-European licenses should ensure the fair remuneration of artists, creators and right-holders;
Amendment 26 #
2014/2256(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasizes that any reform of the copyright framework should take as a basis of proportional and adequate protection, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 27 #
2014/2256(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 35 #
2014/2256(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Supports the initiatives aimed at enhancing the portability of online services of legally acquired and legally made available content within the Union, whilst fully respecting copyrights and the interests of right-holders;
Amendment 37 #
2014/2256(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the Green Paper of the Commission on the online distribution of audiovisual works in the European Union: opportunities and challenges towards a digital single market (COM(2011)427)),
Amendment 38 #
2014/2256(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Notes that several studies have demonstrated that the cultural and creative sectors, often copyright intensive, and are not only essential for cultural diversity but also significantly contribute to social and economic development;
Amendment 39 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges; stresses that modernised copyright rules should achieve a fair balance between all parties involved: consumers, users, creators and right holders.
Amendment 40 #
2014/2256(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
- having regard to its resolution of 11 September 2012 on the online distribution of audiovisual works in the European Union (2011/2313(INI)),
Amendment 43 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriaten unwaiverable right to fair remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges;
Amendment 44 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that embedding and linking should notthe ability to link one resource to another or to embedd is an important feature of the internet, but stresses that under certain circumstances, in particular commercial uses, embedding and linking may be considered as acts of communication to thea new public and thus should not be subject to Article 3 of the directiveerefore may constitute an infringement to copyrights;
Amendment 55 #
2014/2256(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, cultural diversity, economic growth and to access to knowledge and information;
Amendment 65 #
2014/2256(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome the existing barriers to cross-border access and availability of products and services; stresses that territorial fragmentation and differences in limitations and exceptions often create additional legal costs and exacerbate legal uncertainty; highlights that in order to allow equal access to cultural diversity and to improve legal certainty within the internal market and across borders, the Commission should consider making certain optional exceptions and limitations referred to in Directive 2001/29/EC mandatory.
Amendment 67 #
2014/2256(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society was aimed at adapting legislation on copyright and related rights to reflect technological developments, while providing for a high level of protection of intellectual property, taking as a basis the rights of creators, to foster investment in creativity and innovation and creative developments, and to safeguard employment and encourage job creation;
Amendment 71 #
2014/2256(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that when Member States provide for exceptions and limitations they should ensure that creators or rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter;
Amendment 78 #
2014/2256(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Where exceptions and limitations are provided for, stresses the need for them to be targeted whilst reflecting modern digital use, and for clarity to the user with regards to the scope and limits of these exceptions and limitations in order to avoid consumer confusion and ensure legal certainty;
Amendment 84 #
2014/2256(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recognises the importance of libraries for accessing knowledge and encourages the efforts made by the stakeholders to find solutions to allow libraries to make use of the digital environment while respecting the rightholders' interests; notes that the technology allows e-lending of e-books in a way that permits an effective control, making it similar to the lending of physical copies;
Amendment 89 #
2014/2256(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Recalls that the Marrakech Treaty will require the Union to have a mandatory exception to copyrights for the non- commercial uses to the benefit of persons with a disability, which are directly related to the disability, to the extent required by the specific disability;
Amendment 93 #
2014/2256(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Charter of Fundamental Rights protects the freedom of expression, the freedom of the arts and scientific research, the right to education and, the freedom to conduct a business, the right to property and the protection of intellectual property;
Amendment 94 #
2014/2256(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the fact that a general flexible exception should be introduced to offer a broader interpretation of the current exceptions based on the analogue model, while taking into account the freedom of expression and information, freedom of the arts and sciences and cultural, religious and linguistic diversity, as referred to in the Charter of Fundamental Rights of the European Unionis not adapted to the European legal system and would undermine the legal certainty necessary for both the consumers and the creative and cultural sectors;
Amendment 100 #
2014/2256(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the Commission to safeguard the fair balance between all key actors in the creative process and supply chain in the copyright framework whilst fully respecting the Charter of Fundamental Rights of the European Union;
Amendment 100 #
2014/2256(INI)
Motion for a resolution
Recital D
Recital D
Amendment 101 #
2014/2256(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to products and services protected by copyright and related rights; Notes the conclusion of the Marrakesh Treaty and requests that an exception be made to allow any person who cannot access a library because of their disability to receive library loans electronically.
Amendment 106 #
2014/2256(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of allowing for content mining (also known as text and data mining) for research projects including both commercial and non- commercial purposes, provided that permission to read the work has been obtained.
Amendment 111 #
2014/2256(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Suggests a review of the liability of service providers to guarantee the dissemination of culture across the EU and in accordance withthat the situation of service providers and intermediaries in relation to the profit from exploitation of the Charter of Fundamental Rights of the European Union and the European Convention on Human Rightsist's work should be reviewed;
Amendment 111 #
2014/2256(INI)
Motion for a resolution
Recital E
Recital E
Amendment 117 #
2014/2256(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognizes that commercial copyright infringing activities pose a serious threat to the functioning of the digital single market and to the development of the legal offer of diversified cultural and creative content online;
Amendment 118 #
2014/2256(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas measures that contribute to the further development of cultural interchange and improve legal certainty in the sector need to be considered;
Amendment 120 #
2014/2256(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Points out that the rapid rate of technological development in the digital market calls for a technologically neutral legislative framework for copyrights;
Amendment 124 #
2014/2256(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 and the Directive 2006/116/EC of 12 December 2006 on the term of protection of copyright and certain related rights harmonised the terms of protection of copyright and neighbouring rights by establishing a complete harmonisation of the period of protection for each type of work and each related right in the Member States;
Amendment 148 #
2014/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil society with more than 9 500 replies, 58.7 % of which came from end users11 and encourages ongoing assessment of the issues; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
Amendment 192 #
2014/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with up-to-date, EU-wide legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 196 #
2014/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remunerfair remuneration and compensation for all categories of rightholders; calls for improvements to the contractual position of authors and performecreators in relation to other rightholders and intermediaries;
Amendment 197 #
2014/2256(INI)
Motion for a resolution
Paragraph 3 – subparagraph 1 (new)
Paragraph 3 – subparagraph 1 (new)
Emphasises that any reform of the copyright framework needs to find the right balance between user access and fair remuneration and compensation for creators and other rightholders and should take as a basis the rights of creators, while taking into consideration the interest of small and medium-sized enterprises, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market to the prejudice of consumers and rightholders;
Amendment 222 #
2014/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. ConsidersInvites the Commission to explore the introduction of a single European Copyright Title on the basised ofn Article 118 TFEU that would apply directly and uniformly across the EU, in accordancUnion as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/EC and to improve legal certainty in line with the Commission’'s objective of better regulation, as a legal means to reme; therefore calls on the Commission to study the limpackt of harmonisation resulting from Directive 2001/29/ECa single European Copyright Title on digital jobs and innovation, and on the preservation of consumers' access to regional cultural diversity;
Amendment 243 #
2014/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 258 #
2014/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection and should therefore be able to be used and re-used without technical or contractual barriers; also calls on the Commission to recognise the freedom of rightholders to voluntarily relinquish their rights and dedicate their works to the public domainHighlights the need for a common definition of 'public domain' so as to ensure the widespread dissemination of cultural content across the EU;
Amendment 271 #
2014/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 298 #
2014/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that technological changes have led to renewed interest in exceptions and limitations, especially their role in the digital environment should be enjoyed without any unequal treatment as compared withand considers that the rights enjoyed by the creators of work in the digital world should be identical to those enjoyed in the analogue world, subject to the exceptions and limitations set out. Recognises that further analysis of the application of the exceptions and limitations is required so as to consider how thoese granted in the analogue world; can serve the public in the digital age;
Amendment 316 #
2014/2256(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activitiesNotes the importance of European cultural diversity, which provides opportunities rather than obstacles to the Single Market, and notes that the differences in the implementation of exceptions may have negative effects on the functioning of the internal market, and may also lead to legal uncertainty, but that these should be handled on a case-by- case basis, while stressing that works of cultural value should be available to all to be enjoyed but should also be subject to copyright protection;
Amendment 317 #
2014/2256(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects onNotes the importance of European cultural diversity, which provides opportunities rather than obstacles to the Single Market, and notes that the possible differences in the implementation of exceptions may be handled on a case-by- case basis and market driven solutions , to avoid legal uncertainty and to protect the functioning of the digital single market, in view of the development of cross-border activities;
Amendment 344 #
2014/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to make mandatory allexamine the application of minimum standards across the exceptions and limitations, and further to ensure the proper implementation of the exceptions and limitations referred to in Directive 2001/29/EC, to allowand an equal access to cultural diversity across borders within the internal market and to improve legal certainty;
Amendment 352 #
2014/2256(INI)
Motion for a resolution
Paragraph 11 h (new)
Paragraph 11 h (new)
11h. Recalls the importance of SMEs in the cultural and creative industries in terms of job creation and growth in the European Union; stresses that the vast majority of SMEs in the cultural and creative industries take advantage of the flexibility of copyright rules to produce, invest and distribute cultural and creative works but also to develop innovative solutions which enable users to gain access to creative works on line adapted to the preferences and specificities of local markets;
Amendment 362 #
2014/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses, and stresses that these should be subject to the same level of copyright protection while keeping the best balance between an efficient protection that provides for proper remuneration and fair compensation for creators and the objective of the public interest for access to cultural goods and knowledge;
Amendment 376 #
2014/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the adoption of an open norm introducing flexibility in the interpretation of exceptions and limitaa flexible interpretation of exceptions and limitations to exclusive rights, allowing to apply exceptions and limitations to uses that are similar to the ones in the original legal provisions, thereby ensuring that exceptions and limitations can be adapted to new forms of usage emerging due to technological change; such flexibility would be subject to the three-step-test, which grants limitations and exceptions in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;
Amendment 393 #
2014/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations by taking due account of the effects of media convergence; considers, in particular, that the exception for quotation should expressly include audio- visual quotations in its swhile fostering incentives to create, finance and distribute new works and to make those works available to the public in new, innovative and compelling ways;
Amendment 403 #
2014/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the ability to freely link from one resource to another is one of the fundamental building blocks of the internet; calls on the EU legislator to make it clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12 an important feature of the internet, but stresses that under certain circumstances, embedding and linking may be prejudicial to the rights of the creator; further stresses the need to accurately reflect the existing definitions and principles set out in European case law; __________________ 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof).
Amendment 423 #
2014/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls onInvites the EU legislator to ensurrecognise that the use of photographs, video footage or other images of works which are permanently located in physical public places is permitted and should be considered to be in the public domain, where that use is for a non-commercial purpose or scale;
Amendment 439 #
2014/2256(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that the existing limitation on the exception for caricature, parody and pastiche should apply regardless of the purposemust be kept to strike a fair balance between the interests and rights of the creators and original characters and the freedom of expression of the user of a protected work who is relying ofn the parodic use; exception for parody, and to avoid uncontrolled abuse12 a ; __________________ 12 a Order of the Court of Justice of 3 September 2014 in Case C-201/13 (J. Deckmyn)
Amendment 440 #
2014/2256(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that the existing limitation on the exception for caricature, parody and pastiche should apply regardless of the purposemust be kept to strike a fair balance between the interests and rights of the creators and original characters and the freedom of expression of the user of a protected work who is relying ofn the parodic exception for parody, and to avoid uncontrolled abuse;
Amendment 443 #
2014/2256(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. StreInvites the Commission to assess the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposeswhether data analysis activities could be covered by the exception for scientific research contained in Article 5.3.a) of the current Directive, which provides for an exception to the right of reproduction (Article 2) when the protected work is used, and whether it enables automated analytical techniques for text and data, provided that permission to read the work has been acquired;
Amendment 469 #
2014/2256(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments but any kind oflso educational or research activity, including non-formal educationies linked to an educational establishment or institution recognised by national authorities or legislation or within the purview of an educational programme;
Amendment 479 #
2014/2256(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the adoption of a mandatory exception allowing libraries to lend books to the public in digital formats, irrespective of the place of accesRecognises the importance of libraries for access to knowledge and encourages all stakeholders to enable libraries to realise their potential in the digital environment while respecting the rights of creators;
Amendment 495 #
2014/2256(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for thInvites the Commission to analyse the necessity of measures, if any, to be implemented by Member States so as to provide compensation tof rightholders for the harm caused by acts made permissible by an exception while they should ensure that rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;
Amendment 504 #
2014/2256(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for thInvites the Commission to analyse the necessity of measures, if any, to be implemented by Member States so as to provide compensation tof rightholders for the harm caused by acts made permissible by an exception while they should ensure that rightholders receive fair compensation and that the exceptions of limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;
Amendment 515 #
2014/2256(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the adoption of harmonised criteria for defining the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency meaSuggests a review of the liability of service providers and intermediaries in order to clarify their legal status and liability with regards to copyright, in order to guarantee and to ensures as regards the private copying levies put in place in some Member States13 fair remuneration for creators and rightholders within the EU; __________________ 13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.
Amendment 548 #
2014/2256(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 553 #
2014/2256(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Recognises the role of proportionate and effective enforcement in supporting creators, rightholders and consumers;
Amendment 15 #
2014/2254(INI)
Draft opinion
Recital B
Recital B
B. whereas the violence suffered by women includes physical, sexual and 1 Article 1 of the UN Declaration on the Elimination of Violence Against Women of 20 December 1993 (A/RES/48/104) psychological abuse, child abuse, sexual harassment and stalking, also because of the new technologies and the internet, and; whereas one in ten women in Europe have experienced some form of sexual violence since the age of 15; whereas in some cases this violence results in femicides and/or so-called crimes of honour;
Amendment 32 #
2014/2254(INI)
Draft opinion
Recital C
Recital C
C. whereas gender discrimination continues to this day, having serious repercussions on work and private life and whereas this frequently happens in the fields of employment, education, training and services; whereas there are often cases of multiple and intersecting forms of discrimination against women;
Amendment 62 #
2014/2254(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is alarmed at the under-representation of women in decision-making processes, companiey boards of directors and the political spheres;
Amendment 19 #
2014/2251(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas there is a need promote and facilitate a higher presence of women students and academics in the fields of science, technology, engineering and maths (STEM);
Amendment 32 #
2014/2251(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas it is recognised that higher education institutions are not immune to gender-based violence and that phenomena of misogynistic behaviours must be tackled on university and college campuses so that women are free from violence and the fear it generates which often prevents them from participating fully in academic and social life;
Amendment 34 #
2014/2251(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas a sufficient number of individuals with STEM skills is an essential precondition to implement the European Agenda for Growth and Jobs.
Amendment 37 #
2014/2251(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas demand for STEM professionals is expected to grow until 2025.
Amendment 38 #
2014/2251(INI)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas women are hugely underrepresented in STEM industries, accounting for just 24% of science and engineering professionals.
Amendment 39 #
2014/2251(INI)
Motion for a resolution
Recital J d (new)
Recital J d (new)
Jd. whereas statistics consistently show that girls become disengaged with STEM subjects at school and are less likely to pursue a science-related degree at university.
Amendment 54 #
2014/2251(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and Member States to include support for and promotion of peer support networks and the sharing of best practices across Europe and beyond;
Amendment 58 #
2014/2251(INI)
6a. Calls on the Commission and Member States to promote educational programmes which encourage synergies and positive links between STEM subject and the arts and humanities, and promote a gender perspective, facilitating the role women can play in making these links;
Amendment 59 #
2014/2251(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises the role of the media in perpetuating or fighting to dispel gender stereotypes, and its potential for pro- actively promoting positive role models for women and girls which should be encouraged;
Amendment 60 #
2014/2251(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission and Member States to promote positive women role models at all levels of education, including statutory schooling through to further and higher education, post- graduate, and also in informal education and youth work; Recognises that promoting positive women role models includes measures taken to emphasise the historical and contemporary achievements of women in science and technology, entrepreneurship, and positions of decision-making; Notes that such measures may include specific focus on International Women's Day, Science Weeks, and using existing best practice from Member States and across the world;
Amendment 64 #
2014/2251(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission and Member States, when designing any gender- equality strategy in higher education, to include specific consideration for women who face multiple discrimination, such as LGBTI women, women with disabilities, women with minority backgrounds, migrant backgrounds, refugees, and women carers;
Amendment 65 #
2014/2251(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Member States to develop effective and attractive STEM curricular and teaching methods to keep girls engaged in science; to recognise and invest in teachers as drivers of cultural change with their potential to improve the continued participation of girls in science at school.
Amendment 66 #
2014/2251(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges Member States to recognise the potential of quality career guidance and engaging training to encourage girls to continue STEM subjects at University.
Amendment 72 #
2014/2251(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Commission to recognise the need for adequate paternity leave and paternity pay so that it is affordable for men to take time off to care for a child and to help combat the norm of women being the parent to take a career break; to overcome a major barrier to women advancing their careers in science and academia.
Amendment 81 #
2014/2251(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the need for full integration of the gender dimension in research and gender balance in participation into Horizon 2020; believes that this will require renewed efforts to integrate the gender dimension into the formulation and implementation of the next work programme; welcomes the creation of the Horizon 2020 Advisory Group on Gender (AGG); strongly believes that the objectives of Horizon 2020 will only be reached with the full participation of women scientists;
Amendment 83 #
2014/2251(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Strongly believes that the gender dimension is a source of added value for research and provides a return on investment; highlights that gender analysis can foster innovation and multidisciplinary co-operation in science and technology;
Amendment 93 #
2014/2251(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recognises that gender equality strategies in higher education must also address phenomena of gender-based violence; Calls on the Commission and Member States to devise strategies to address gender-based violence in university and college campuses, including awareness-raising, facilitating access to justice for women affected, and involving male students, academics, and staff in the fight against violence;
Amendment 104 #
2014/2251(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to consistently apply gender -balanced budgeting to all programmes and measures providing funding in the area of science, academia and research; and to develop guidelines and methods for monitoring and assessing the inclusion of the gender dimension in these areas.
Amendment 5 #
2014/2250(INI)
Motion for a resolution
Recital A
Recital A
A. whereas education is the foundation of responsible citizenship and is, essential to ensure thegender equality and empowerment of girls through education, arising from fundamental human right, and the rights of children and human rightsevery child;
Amendment 10 #
2014/2250(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of informal education when it comes to tackling the issue of beliefs and traditional practices imposing limitations on girls in education, and calls on the Member States to ensure equal access to education for boys and girls regardless of their ethnic, national, cultural or religious framework, in order to achieve real gender equality in education; stresses the need for a special focus on groups suffering from multiple forms of discrimination, including migrants, refugees, people with disabilities, young carers and others;
Amendment 13 #
2014/2250(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that gender equality in education must include a range of issues, such as literacy including media-literacy, bullying including cyber-bullying, homophobic violence, hate speech, human rights and civic education;
Amendment 14 #
2014/2250(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses the need to provide a rights- based and gender-sensitive learning environment for all learners both in terms of curriculum and pedagogy, where children (and girls in particular) can learn about their rights and experience democratic processes in schools as well as informal learning environments;
Amendment 17 #
2014/2250(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the concept of gender is a social construct linked to issues of social class, ethnicity, religion, culture, sexuality and age which lead to economic, cultural and educational injustices, and that social representations of gender are replicated at schoolthroughout formal and informal education systems at all levels;
Amendment 18 #
2014/2250(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the concept of gender is a social construct linked to issues of social class, ethnicity, religion, culture, disability, sexuality and age which lead to economic, cultural and educational injustices, and that social representations of gender are replicated at school;
Amendment 23 #
2014/2250(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. EmphasisAcknowledges that teachers play a major role in the formation of educational identities and have a significant impact on aspects of gendered behaviour in school; recalls that much has still to be done to empower teachers on how towith regard to how they can best promote gender equality; insists, therefore, on the need to ensure comprehensive initial and ongoing equality training tofor teachers at all levels of formal and informal education, including peer- learning and cooperation with external organisations and agencies; stresses that girls need to have positive female role models in schools and universities;
Amendment 26 #
2014/2250(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the importance of health and sexuality education which must include teaching boys and girls about relationships based on equality, consent, respect and reciprocity, as well as teaching about women’s and girls’ rights, including reproductive and sexual health and rights, as a tool to prevent stereotypes and violence against women and girls;
Amendment 28 #
2014/2250(INI)
Motion for a resolution
Recital C
Recital C
C. considering the significant influence of family attitudes, of peers, role models, and teachers in the selection of students' study areas and changing gender stereotypes, and given that teachers as agents of social change, by their attitudes and teaching practices, are essential to the promotion of gender equality;
Amendment 32 #
2014/2250(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas there is a need for more women role models in male-dominated fields such as science, engineering, technology, mathematics, and entrepreneurship, and mentoring networks and peer-to-peer learning are effective in empowering girls in this field;
Amendment 33 #
2014/2250(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States and the Commission to remove barriers to access to formal and informal education, as well as to lifelong learning, by improving awareness and guidance, providing financial support as well as support such as childcare and care for the elderly to enable women and men to participate in lifelong learning, adopting an intergenerational approach and fostering the role played by European Institutions;
Amendment 34 #
2014/2250(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the European Institute for Gender Equality (EIGE) and Member States to collect comparable gender disaggregated data (both quantitative and qualitative) in the field of education in all Member States;
Amendment 35 #
2014/2250(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Considers that the EU structural funds and particularly the European Social Fund must support educational projects with a gender-specific nature as well as gender-sensitive educational structures;
Amendment 36 #
2014/2250(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recalls that educational strategies aiming at ensuring gender equality must actively include boys and men.
Amendment 36 #
2014/2250(INI)
Motion for a resolution
Recital E
Recital E
E. whereas unskilled and poorly paid work is commonly attributed to women and they continue to be responsible for most of the care within the family, which limits access to paid full-time employment, and that gender equality cannot be reduced to providing women with the standard of success defined by men, but involves the recognition of all the work done by women and the education of boys and men in the tasks from which they are traditionally excluded; whereas progress on childcare support and maternity and paternity leave policies throughout Europe will contribute to women's employment prospects, economic empowerment, and the fight against gender stereotypes, thus empowering girls at all levels of education;
Amendment 49 #
2014/2250(INI)
Motion for a resolution
Recital G
Recital G
G. whereas European and national authorities should encourage gender equality in educational institutions by all means possible, and gender education should be a fundamental part of the curriculum and school programmes, andwhereas European and national authorities must ensure that teaching materials maydo not contain discriminatory content;
Amendment 52 #
2014/2250(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the formal curriculum reflects the cultural and social perspective of each Member State in the construction of girls' and boys' identity, the informal curriculum is a complement tos the formal curriculum and; whereas the hidden curriculum is common to all the situational definitions of the curriculum and; whereas all of these types of curricula are important in the construction of girls' and boys' identity, and local authorities, through their proximity to educational institutions, have a key role to play in informal education;
Amendment 61 #
2014/2250(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. Whereas school-related gender-based violence (SRGBV) includes acts of sexual, physical and/or psychological violence inflicted on children because of gendered stereotypes and social norms; whereas SRGBV is a major barrier to access, participation and attainment;
Amendment 62 #
2014/2250(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. Whereas significant disproportionalities exist in the identification of special educational needs (SEN); whereas boys are universally more likely to be identified as having special needs, especially 'non-normative' difficulties such as ASD and dyslexia where professional judgment plays a larger role in identification;
Amendment 83 #
2014/2250(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on educational policy makers to ensure thatin the Commission and Member States to ensure that the commitment to gender equality goes beyond the level of political intentions, and becomes a reality byis manifested in substantially chang increases ing the efforts and resources invested in it;
Amendment 110 #
2014/2250(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the promotion of a holistic approach to formal and informal education in schools, a sensitive approach to the inclusion of human rights, human dignity, gender equality and the development of self-esteem, and assertiveness which encouraginges informed decision-making for girls and women, both at a personal and professional level;
Amendment 111 #
2014/2250(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the promotion of a holistic approach to formal and informal education in schools, a sensitive approach to the inclusion of human rights, human dignity, gender equality and the development of self-esteem, encouraging informed decision-making for girls and women, both at a personal and professional level; Recognises that education for gender equality must complement civic education for democratic values, and be embedded in a rights-based gender sensitive learning environment, where boys and girls learn about their rights and experience democratic process by, for example, participating in the democratic governance of their schools;
Amendment 116 #
2014/2250(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises the need for European, national, and local institutions to promote programmes to integrate migrant communities in schoolsarginalised communities in general, and girls from those communities specifically, in schools, including immigrants, asylum seekers, and refugees, Roma, persons with disabilities or special needs, persons identifying as LGBTI and all minorities that make up the European social space, as well aswho face multiple discrimination; Emphasises the need for financial assistance programmes for neconomically disadvantagedy families in order to prevent students dropping out of school, particularly girls;
Amendment 121 #
2014/2250(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Member States and the Commission to take an inter-generational approach to education, and remove barriers to access to formal and informal education, including life-long learning, by improving childcare and care for the elderly, as well as maternity and paternity leave, to enable men and women to participate in lifelong learning and vocational training; Recognises that improving women's access to lifelong learning and vocational training will also lead to further empowerment of girls at all levels of education by increasing the number of role-models in girls' environments;
Amendment 138 #
2014/2250(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for the promotion of a gender perspective in education on sexuality and the emotions, in sport and leisure activities, where stereotypes and expectations based on gender can affect the self-image, health, acquisition of skills, intellectual development, social integration and identity construction of girls; stresses the importance of foregrounding consent as the basis of a healthy relationship;
Amendment 139 #
2014/2250(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for the promotion of a gender perspective in education on sexuality and the emotions,relationship education, and in sport and leisure activities, where stereotypes and expectations based on gender can affect the self-image, health, acquisition of skills, intellectual development, social integration and identity construction of girls and boys;
Amendment 154 #
2014/2250(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the development of equal access and use, use of, and education ofn Information and Communication Technologies for girls and boys from pre- school education upwards, paying special attention to children and young people from rural areas, marginalised communities, or with special needs, to improve digital literacy, and disseminate effective methodologies to increase and improve the presence of women in the areas of Mathematics, Science, Engineering and Technology;
Amendment 168 #
2014/2250(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recognises that formal and informal education programmes must address and fight against gender-based violence, gender discrimination, harassment, homophobia and transphobia, in all their forms, including forms of cyber-bullying or online harassment;
Amendment 173 #
2014/2250(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Acknowledges the gender discrepancies in rates of diagnosis and identification of learning difficulties and special educational needs (SEN); stresses the need for a gender-sensitive and intersectional approach to identifying SEN and meeting the specific needs of all learners; supports the development of gender-sensitive screening tools;
Amendment 179 #
2014/2250(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Strongly believes that the transformative potential of education to champion gender equality and challenge violence against women and girls depends upon school environments which are safe and free from violence; stresses that anti- bullying strategies should take full account of gender dimensions;
Amendment 180 #
2014/2250(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Emphasises that any strategy for promoting gender equality and for the empowerment of girls and women must actively involve and engage boys and men;
Amendment 182 #
2014/2250(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Recognises that teachers' trade unions can play an important role in ensuring that curricula and classroom environments promote gender equality;
Amendment 188 #
2014/2250(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the need for monitoring and evaluation by independent bodies of progress made as a result of the adoption of gender equality policies in educational institutions, as well as the need for ongoing communication of information to the relevant authoritieslocal, regional, national and European policy-makers, on all measures taken and progress made in this area, and the urgent need to convert the gender perspective into an internal and external evaluation element of educational institutions;
Amendment 195 #
2014/2250(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recognises that it ais fundamental to assess the impact of future education legislation on gender equality and, where necessary, to revise existing laws in accordance with this principle;
Amendment 198 #
2014/2250(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that the monitoring procedures for implementing gender equality programmes and respective assessment be carried out by educational research centres in close cooperation with experts in gender issues, the bodies set up by the EU and local authorities; Calls for quantitative and qualitative gender-disaggregated data to be collected by Member States and the Commission;
Amendment 203 #
2014/2250(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to draw up plans of action and to allocate resources for the implementation of a gender equality programme, recommending the use of European instruments available for this purpose, namely the Investment Plan, the Horizon 2020 Programme and Community funds; Calls for EU Structural Funds, and particularly the European Social Fund to be used for gender-specific educational projects, and gender-sensitive educational structures;
Amendment 1 #
2014/2247(INI)
Draft opinion
Recital A
Recital A
A. whereas marginalization is a social phenomenon, in which individuals or communities are socially excluded, systematically blocked from, or are denied access to participate in social and political processes which are essential to integrate society; whereas ‘marginalised communities' refers to diverse groups and individuals; whereas racism, patriarchy, economic disadvantages and other discriminatory systems contribute to creating layers of inequality and a dynamic of disempowerment for women within marginalised communities;
Amendment 7 #
2014/2247(INI)
Draft opinion
Recital A
Recital A
A. whereas ‘marginalised communities' refers to diverse groups and individuals; whereas racism, patriarchy, homophobia, economic disadvantages and other discriminatory systems contribute to creating layers of inequality and a dynamic of disempowerment for women within marginalised communities;
Amendment 12 #
2014/2247(INI)
Draft opinion
Recital B
Recital B
B. whereas the consequences of the economic crisis and the cutbacks in public services have particularly worsenexacerbated the situation of women within marginalised communities;
Amendment 15 #
2014/2247(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas overcoming marginalisation and multiple discrimination requires direct grassroots engagement with the communities in question, socially, politically and economically, including stakeholder, civil society, and citizen involvement in policy-making processes; whereas a gender perspective must always be included in these processes, with a view to empowering women facing multiple discrimination to participate in them, and raise their voices in the public sphere;
Amendment 17 #
2014/2247(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas education, both formal and informal, is instrumental for overcoming marginalisation and multiple discrimination, in terms of creating dialogue, openness and understanding between communities, and in terms of empowering marginalised communities; whereas a gender perspective in education, and its role in empowering women and girls in marginalised communities must not be forgotten;
Amendment 18 #
2014/2247(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the representation of women in marginalised communities in arts and culture and in the media is important for overcoming marginalisation, stereotyping, and multiple-discrimination;
Amendment 19 #
2014/2247(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas European cohesion policy strategies for empowering women in marginalised communities must take into account the situation of aging women, women with disabilities, women carers, and women with mental health problems;
Amendment 20 #
2014/2247(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Whereas the MS play a decisive role in creating an environment that defines and shapes marginalisation; they must reflect the needs of marginalised communities and to include their interests in the drafting and argumentation of operational programmes in front of the European Commission. Points out that these women face multiple discrimination, putting them at even greater risk of poverty and social exclusion;
Amendment 26 #
2014/2247(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the EC to take on board affirmative action while drafting regional programmes in order to prevent the further decline of women in marginalised communities under the poverty line and pre-empt child poverty at an early stage;
Amendment 32 #
2014/2247(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers it essential to include women and women's organisations from marginalised communities in the decision- making process on the allocation, use and implementation of the funds, at all levels, from local and regional authorities through to Member States and European institutions;
Amendment 33 #
2014/2247(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers it essential to include women andequality bodies, women's organisations and women from marginalised communities in the decision- making process on the allocation, use and, implementation and monitoring of the funds;
Amendment 34 #
2014/2247(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points to the importance of empowering women within marginalised communities through stimulating women entrepreneurs and active women in those communities;
Amendment 39 #
2014/2247(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Draws attention to the fact that society does not acknowledge that marginalisation of certain communities such as women in precarious working conditions and the "working poor", single mothers, disadvantaged old women pensioners; calls on the Member States to clearly identify these groups and adopt programmes targeting the improvement of living conditions, access to healthcare and basic services;
Amendment 48 #
2014/2247(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Within the framework of the Cohesion Policy of the EU, calls on the Commission and the Member States to focus on regions with severe and permanent natural or demographic handicaps as referred to in point 4 of Article 121 of Regulation (EU) No 1303/2013 and develop special provisions with possibilities for alternative employment and occupation, for the marginalised group of women in those communities, characterised by high poverty levels, lack of employment perspectives, voluntary abandonment of education, lack of social services, social isolation -and deriving from this higher risk of child poverty.
Amendment 51 #
2014/2247(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recognises that improved participation of women in enterprise and growth can be achieved by funding SME support services and financial services which meet the needs of women starting and developing businesses.
Amendment 53 #
2014/2247(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that special attention must be given to removing barriers to access to employment faced by women in marginalised communities, as well as the gender pay and pension gaps as relevant to these communities.
Amendment 56 #
2014/2247(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights the important role social entrepreneurship, cooperatives, mutual, and alternative business can play in empowering women in marginalised communities; Recommends that cohesion funds, particularly the European Social Fund, support investment in this field with a strong gender perspective.
Amendment 57 #
2014/2247(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls the decision of the European Ombudsman Case: OI/8/2014/AN on the respect of fundamental rights in the implementation of the EU cohesion policy; strongly emphasises the need for all member state cohesion programmes to fully comply with the Charter of Fundamental Rights; agrees that civil society, including women's organisations, should be given a platform to report abuses of funds and Charter violations.
Amendment 58 #
2014/2247(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses the importance of lifelong learning for improving equality in education and training, particularly in vocational skills and in ICT; recognises the need for flexibility in delivery of education and training to reach women in rural areas.
Amendment 59 #
2014/2247(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Emphasises the need to strengthen regional, national, and European networks of women in marginalised communities, particularly in the fields of business, entrepreneurship, science and technology, education, media, and civic and political leadership.
Amendment 60 #
2014/2247(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls for European cohesion funds, and particularly the European Social Fund, to support formal and informal educational programmes, including vocational training and lifelong learning, for the empowerment of women and girls in marginalised communities.
Amendment 61 #
2014/2247(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls for cohesion policy funds to support arts, culture, and media projects that empower women in marginalised communities, and that strive to break down stereotypes, stigma, and multiple- discrimination.
Amendment 6 #
2014/2238(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas women and girls are underrepresented in science, technology, engineering, mathematics (STEM) and entrepreneurship education at all levels, all of which are relevant to advancement in the area of green skills and green jobs; whereas education must be seen as an investment in individuals, and women in particular, at every stage in their lives; whereas women's participation in STEM education fields is often hampered by gender stereotypes and gendered cultures;
Amendment 15 #
2014/2238(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. Given the disproportionate impact of austerity policies on women;
Amendment 18 #
2014/2238(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas a gender perspective must be linked with the ILO's decent work agenda.
Amendment 23 #
2014/2238(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. ACalls on the Commission to ensure data collection is carried out in all green sectors, including those that are currently neglected, such as public transport and the retail sector; asks the Commission, while providing support to national statistical offices and Public Employment Services (PES), and while reinforcing the use of quantitative modelling tools, to incorporate all green employment sectors (including those that are currently neglected, such as transport) together with a gender perspective gender perspective in data collection on all green employment sectors;
Amendment 26 #
2014/2238(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Asks the Commission to include a gender perspective in the development of new data collection, disaggregation and analysis, such as work carried out with the econometrical tool FIDELIO, or with stakeholders such as the International Conference of Labour Statisticians;
Amendment 27 #
2014/2238(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Asks the Commission to include a gender perspective in its work with Public Employment Services (PES) and the EU Skills Panorama to identify and bridge green skills gaps in labour markets. Emphasis must be placed on identifying and closing gender skills gaps in green sectors;
Amendment 35 #
2014/2238(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Asks the Commission, the Member States and regional and local authorities to systematically include a gender equality perspective in the definition, implementation and monitoring of green job creation policies at all levels, taking into account the challenges of green job creation in rural area; asks the Member States to make further efforts to enable women to participate fully in policy formulation, decision-making and the implementation of a green employment strategy that includes green skills;
Amendment 38 #
2014/2238(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States and the Commission to promotestrive to overcome barriers for women's participation to the green economy by promoting women’'s entrepreneurship in the green economy, encouraging more collaborative business models such as cooperatives and social enterprises, access to microfinance for women, the creation of green jobs in public services, and the introduction of gender- related quality criteria for companies in the context of public procurement.
Amendment 45 #
2014/2238(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on Member States and the Commission to promote policies to encourage higher participation of women in education in STEM subjects, and entrepreneurship, and connect the green jobs agenda to the empowerment of women through education; calls for the establishment of clear targets and monitoring for women's recruitment into green jobs through apprenticeship programmes; calls for encouragement of women's participation in vocational education and training (VET) and life- long learning opportunities in green sectors.
Amendment 47 #
2014/2238(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on Member States and the Commission to ensure the high quality of the green jobs created with a high level of social protection for women; asks Member States and the Commission to encourage unionisation of women in green sectors, as well as a clear voice for women in trade unions and social dialogue in green sectors.
Amendment 48 #
2014/2238(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission to adopt an EU 2015-2020 strategy for gender equality taking into account the employment rate targets of the Europe 2020 strategy of the European Union for smart, sustainable and inclusive growth.
Amendment 5 #
2014/2230(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas women are underrepresented in positions of power and decision- making; whereas the Beijing Platform for Action holds that the active participation of women and the incorporation of women's perspectives at all levels of decision-making are essential for achieving the goals of equality, development and peace;
Amendment 8 #
2014/2230(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas the European Union's development cooperation incorporates gender equality in the context of international objectives;
Amendment 12 #
2014/2230(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is convinced that Afghan women play a crucial role in the stabilisation and development of their country; while acknowledging that the post-Taliban regime has made possible a rise of women in the public sphere, strongly condemns the string of physical assaults against women, and calls on the authorities to ensure their protection and the free and safe exercise of their activities; asks the Afghan authorities not to jeopardise the recent achievements in women’s rights in order to ease peace talks with the Taliban;
Amendment 19 #
2014/2230(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that women’s and girls’ illiteracy is an obstacle to their involvement in public life; encourages the authorities to further address the obstacles to girls’ access to education, including early and forced marriage, early child bearing, lack of security, lack of safe water and adequate sanitation facilities and insufficient geographical coverage in terms of school infrastructure;
Amendment 30 #
2014/2230(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Strongly urges the Afghan government to redouble its efforts to increase the level of political representation of women, in particular at cabinet level and high-ranking appointments; encourages the government to introduce more women cabinet nominees; calls on the government to adopt additional measures to promote gender equality in political decision-making;
Amendment 35 #
2014/2230(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Emphasises the importance of continuing interparliamentary exchanges between the Wolesi Jirga (lower House) and the European Parliament; notes the opportunities that such exchanges provide for encouraging policy dialogue and exchange of best practice between parliamentarians on matters of gender equality;
Amendment 37 #
2014/2230(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Pays tribute to the Afghan women and civil society groups campaigning for stronger political representation;
Amendment 38 #
2014/2230(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recognises the link between the adoption of gender-sensitive approaches to peacebuilding and more equitable and sustainable solutions; recalls UN Security Council Resolution 1325 reaffirming the important role of women in the prevention and resolution of conflicts, peace negotiations, peacebuilding, peacekeeping, humanitarian response and post-conflict reconstruction;
Amendment 4 #
2014/2229(INI)
Draft opinion
Recital B
Recital B
B. whereas women and girls are victims of the violence perpetrated by IS, which includes enslavement, sexual exploitation and violence, forced pregnancies, extrajudicial killings, unlawful trials with inhuman punishments, attacks amounting to war crimes and crimes against humanity;
Amendment 8 #
2014/2229(INI)
Draft opinion
Recital D
Recital D
D. whereas many challenges remain as regards securing the safety and protection of women who survive violence, with instances of rape and other harmful practices and forms of violence against women appearing to be on the increase in the MENA region; whereas women’s access to justice is limited; whereas the persistence of gender inequality needs to be addressed;
Amendment 10 #
2014/2229(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas the engagement and empowerment of women in the public, political, economic and cultural spheres in MENA countries is key to fostering stability, peace and economic prosperity in the long-run; whereas the empowerment of women and girls through education is central to promoting their role in all these spheres; whereas women’s rights and gender equality civil society organisations can play an important role in empowering women in MENA countries;
Amendment 12 #
2014/2229(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas cultural cooperation and exchange, as well as academic exchanges between and amongst EU and MENA countries, play an important role in building understanding, stability and peace across the region; whereas the role of women and girls in cultural exchange and cooperation must be encouraged and promoted;
Amendment 16 #
2014/2229(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the fact that the EU firmly condemns slavery, forced marriages, child labour, the use of child soldiers, female genital mutilation, and any other human rights violations;
Amendment 22 #
2014/2229(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on national and local authorities to respect the fundamental rights of women, including the right to actively participate in political life, and to offer protection to female politicians and activists; is convinced that gender equality issues must be dealt with in an explicit and systematic manner in all EU cooperation, free trade negotiations and policy dialogues with the countries of the MENA region;
Amendment 24 #
2014/2229(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the utmost importance of including a gender perspective in promoting cultural and academic cooperation and exchanges between the EU and MENA partner countries, using these as a tool for empowerment of women and girls, and fostering gender equality; calls on the Commission to include a gender perspective in the European Parliament’s proposal of a Euro-Mediterranean Erasmus programme;
Amendment 30 #
2014/2229(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of collaborating with women’s groups, NGOs and civil society organisations engaged with women’s rights issues in the MENA region; acknowledges that an effective political and human rights dialogue must centralise women’s perspectives and be sensitive to different and changing socio-cultural and religious settings;
Amendment 31 #
2014/2229(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EEAS and the Commission to include gender equality, and the role of women in society, as key considerations and central elements in their strategy to encourage democratic reform in EU- neighbouring countries; stresses that the importance of promoting gender equality, and empowerment of women in society as part of democratic reform should be reflected in ENP funding, and in the development of political and strategic dimensions of ENP; calls on the Commission and VP/HR to include women and gender equality organisations in consultation on ENP renewal;
Amendment 34 #
2014/2229(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Regrets the extent of reservations to the Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) which has profoundly limited the impact and protection it can provide; strongly urges the governments of the countries of the MENA region to fully implement CEDAW and to criminalise all forms of violence against women, including sexual and domestic violence within marriage;
Amendment 35 #
2014/2229(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission and EEAS to include a women and gender equality perspective in the development direct dialogue with civil society in the MENA countries, and to provide a voice for women activists and scholars in the region; stresses the importance of women and gender rights organisations in processes of civil society consultation within the ENP framework;
Amendment 36 #
2014/2229(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes that any sustainable economic development resulting from strategic dialogue and cooperation between the EU and MENA countries must increase the participation of women in MENA economies, promoting gender equality and creating opportunities for youths and women, including women from marginalised groups;
Amendment 37 #
2014/2229(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the Commission to include a gender perspective in the funding of academic, vocational training and circular mobility programmes with MENA countries in order to strengthen and promote the participation of women in their economies.
Amendment 65 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
e. Calls on the Commission to ensure that foreign investors from the EU are not disadvantaged in the USA, including in relation to investors from other third States (such as Canada, Mexicoare treated in a non- discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, Cwhina, India and TPP States), which already now, or in future on the basis of negotiations currently under way, enjoyle benefiting from no greater rights than domestic investors; to oppose the inclusion of ISDS in TTIP, as other options to enforce investorment protection and have access to mechanisms for the settlement of disputes between States and investorre available, such as domestic remedies;
Amendment 23 #
2014/2160(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the sectoral and occupational segregation of women in labour markets, as well as vertical segregation of women in organisational hierarchies, lead to lower levels of visibility and representation of women in the social and public spheres, and as such contribute more broadly to greater gender inequalities; Whereas overcoming these various types of segregation, and having more women enter into higher positions in organisational hierarchies, would provide positive role-models for young women and girls;
Amendment 27 #
2014/2160(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas empowering women and girls through education, especially in the fields of science, technology, engineering, and maths, as well as encouraging women to participate in vocational training and life-long learning programmes across sectors, are important elements in promoting equal treatment and equal opportunities in employment;
Amendment 71 #
2014/2160(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that a clear and harmonised job classification system and wage transparency will improve access to justice; notes that several Member States have already taken specific wage transparency measures; underlines the disparity that exists between these measures and takes note of the 2014 Commission recommendations on wage transparency; calls on the Commission to evaluate the real impact of these recommendations including the requirement for large and medium companies to report regularly on average remuneration by category of employee or position, broken down by gender;
Amendment 100 #
2014/2160(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and Member States to take measures to facilitate and improve the access of women to life-long learning, vocational training, and mentoring networks across Europe, especially in male-dominated sectors, and to disseminate best practice;
Amendment 118 #
2014/2160(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission and Member States to step up significantly awareness raising measures as regards the rights of the victims of discrimination on the grounds of sexgender; underlines the need for cooperation by all stakeholders, including social partners and NGOs, to address stereotypes and prejudices about the work of women and men and how theyse impact on the value of work and low pay;
Amendment 122 #
2014/2160(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that one of the novelties introduced by the ‘recast Directive’ is the reference to the reconciliation of work, private and family life; calls on the Commission, after consultation with Member States and social partners, to develop specific measures to secure stronger rights for men and women in this field;
Amendment 167 #
2014/2160(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that the country-specific recommendations, which come under the framework of the European Semester, should include targets to reduce the gender pay gap, and to effectively implement equal treatment principles;
Amendment 256 #
2014/2152(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission and Member States to promote the voice of women in social dialogue and the representation of women in trade unions across all sectors.
Amendment 257 #
2014/2152(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Expresses concern over the number and proportion of women who suffer in- work poverty; calls on the Commission and Member States to reinforce a gender perspective in all job creation programmes, creating high quality jobs in line with the ILO's Decent Work agenda.
Amendment 264 #
2014/2152(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission and Member States, in their gender mainstreaming, to take into account the socio-economic obstacles met by women in specific circumstances such as in rural areas, in male-dominated sectors, in older age, and by women with disabilities.
Amendment 341 #
2014/2152(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Recognising the importance of sexual and reproductive rights, calls on the Commission to create best practice models of sex and relationship education for young people across Europe.
Amendment 378 #
2014/2152(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Stresses that compliance with gender equality should be considered a criterion for all EU-funded culture, education, and research programmes;
Amendment 182 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) for making legitimate use of the right to freedom of expression and information and the right to media freedom;
Amendment 208 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) its disclosure is required under Union or Member State law;
Amendment 235 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) ensures that, in relation to clinical trials, and in accordance with Regulation (EU) No 536/2014 of the European Parliament and of the Council1a, the trade secret holder has responsibility for proving that the information in question is a trade secret and that this information has been acquired unlawfully. _________________ 1aRegulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use (OJ L 158, 27.5.2014, p. 1).
Amendment 478 #
2014/0121(COD)
Proposal for a directive
Article 2 – paragraph -1 a (new)
Article 2 – paragraph -1 a (new)
Directive 2013/34/EU
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
(-1a) In Article 18, the following paragraph is inserted after paragraph 2: '2a. In the notes to the financial statements large undertakings and public- interest entities shall also disclose, specifying by Member State and by third country in which they have an establishment, the following information on a consolidated basis for the financial year: (a) name(s), nature of activities and geographical location; (b) turnover; (c) number of employees on a full time equivalent basis; (d) value of assets and annual cost of maintaining those assets; (e) sales and purchases; (f) profit or loss before tax; (g) tax on profit or loss; (h) public subsidies received; (i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.'
Amendment 479 #
2014/0121(COD)
Proposal for a directive
Article 2 – point -1 b (new)
Article 2 – point -1 b (new)
(-1b) In Article 18, paragraph 3 is replaced by the following: '3. Member States may provide that point (b) of paragraph 1 and paragraph 2a are not to apply to the annual financial statements of an undertaking where that undertaking is included within the consolidated financial statements required to be drawn up under Article 22, provided that that information is given in the notes to the consolidated financial statement.
Amendment 7 #
2013/2103(INI)
Motion for a resolution
Citation 12
Citation 12
– having regard to Council Framework Decision 2002/629/JHA of 19 July11/36/EU of 5th April 200211 on preventing and combating trafficking in human beings1 and protecting its victims, replacing Council Framework Decision 2002/629/JHA of 19 July 2002, __________________ 1 OJ C 203, 1.8.2002, p. 1.
Amendment 8 #
Amendment 74 #
2013/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises that prostitution both globally and across Europe feeds trafficking of vulnerable women and girls, and stresses that, as shown by data from the European Commission, the majority (62 %) are trafficked for sexual exploitation, andwith women and girls accounting for 8096 % of identified and presumed victims;
Amendment 126 #
2013/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the most effective way of combating the trafficking of women and girls for sexual exploitation and improving gender equality is the model implemented in Sweden, Finland and Norway (the so- called Nordic model), where the purchase of sexual services constitutes the criminal act, not the services of the prostituted persons;
Amendment 30 #
2013/2041(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas school bullying undermines young people's well-being, and leads to under-achievement and early-school leaving;
Amendment 68 #
2013/2041(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges Member States to adopt legislation prohibiting discrimination on the grounds of gender, sexual orientation, gender identity, disability, religion or belief and age in the area of education, and to work in the Council to promptly adopt the horizontal anti-discrimination directive which is key to guarantee genuine equality and combat bias and discrimination, including at school;
Amendment 77 #
2013/2041(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on Member States to promote anti-bullying policies to reduce early school-leaving and ensure genuine access to education for all;
Amendment 57 #
2013/0402(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purposes of this Directive, and in accordance with Regulation (EU) No 536/2014 of the European Parliament and of the Council1a, in general the data included in a clinical study report should not be considered commercially confidential once a marketing authorisation has been granted, the procedure for granting the marketing authorisation has been completed or the application for marketing authorisation has been withdrawn. In addition, the main characteristics of a clinical trial, the conclusion on Part I of the assessment report for the authorisation of a clinical trial, the decision on the authorisation of a clinical trial, the substantial modification of a clinical trial, and the clinical trial results including reasons for temporary halt or early termination, in general, should not be considered a trade secret. ________________ 1aRegulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use (OJ L 158, 27.5.2014, p. 1).
Amendment 75 #
2013/0402(COD)
Proposal for a directive
Recital 23
Recital 23
(23) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the right to respect private and family life, the right to the protection of personal data, the freedom of expression and information, the freedom of the press and the media, the freedom to choose an occupation and right to engage in work, the freedom to conduct a business, the right to property, the right to good administration, access to file and preservation of secrecy of business, the right to an effective remedy and to a fair trial and right of defence.
Amendment 107 #
2013/0402(COD)
Proposal for a directive
Article 2 – point 1 – point c a (new)
Article 2 – point 1 – point c a (new)
(ca) its disclosure is not in the public interest or is not required under Union or Member State law.
Amendment 135 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 99 #
2012/2132(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the European Commission to investigate legislative methods of regulating the marketing of alcohol and foods high in salt, sugar and fat in the European Union, with particular attention given to the protection of minors;
Amendment 26 #
2012/2047(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the sexualisation of girls is perpetuated by gender inequalities in underlying social structures, institutions and relationships which exist in society at large;
Amendment 44 #
2012/2047(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that a series of integrated actions must be taken in order to broaden the horizons and develop the outlooks of smallyoung girls and boys in relation to their guiding values, by means of deliberate strategies to protect children from the process of sexualisation and objectification and to create new tools and spaces where young persons will be able to develop and discover their sexuality at an appropriate time and in their own way;
Amendment 60 #
2012/2047(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of raising boys' awareness of the damage caused by the objectification of women and girls; emphasises the need to directly involve them in actions to combat the sexualisation of girls;
Amendment 74 #
2012/2047(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends the introduction into school curricula, in cooperation with parents and under their control, of a subject entitled: ‘Preparation for family life with elements of sexual education’, which willof appropriate Sex and Relationship Education into school curricula, aimed at prepareing young girls and boys to develop healthy, respectful and emotionally satisfying relationships and to empower them to make responsible and well informed decisions about their lives;
Amendment 121 #
2012/2047(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages Member States to establish cooperation with manufacturers and retailers of goods intended for children, including clothing and toys, in order to develop a code of best practice that provides for child welfare and promotes high ethical standards;
Amendment 1 #
2012/2016(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that, according to Treaty provisions, equality between men and women is a fundamental principle of the European Union under Article 8 of the Treaty on the Functioning of the European Union the promotion of equality between men and women is a fundamental principle of the European Union; underlines that the issue of gender equality should be incorporated into all policies and addressed at all levels of the budgetary process;
Amendment 2 #
2012/2016(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recognises the need to be vigilant and mindful of the amount of money spent in times of austerity and therefore stresses the importance of effective EU funding which provides added value for all projects; stresses that gender equality is not only an issue of justice, but also has also been shown to have a positive economic impact;
Amendment 4 #
2012/2016(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. RTherefore reiterates the call for the gender-budgeting approach to be used in all EU actionsssessing and restructuring all budget programmes, measures and policies, in determining to what extent resources are allocated in gender-sensitive or gender- blind ways, and, ultimately, in achieving gender neutrality, whereby equal consideration is given to every individual regardless of gender;
Amendment 7 #
2012/2016(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. HighlightUnderlines the need for appropriate funding for the actions outlined in the Commission’s Strategy for equality between women and men 2010-2015, and encourages the adoption of ‘gender budgeting’ in both European and national strategies for more effective promotion of gender equality; stresses the importance upholding its commitment to gender- mainstreaming in all actions undertaken by the Commission;
Amendment 11 #
2012/2016(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the need to earmark increasedprotect funding for the fight against all forms of discrimination against women; in particular, calls on the Commission to earmarkmake financial resources to target the gender pay gapavailable for targeted sectoral research and information, awareness-raising and training actions concerning the gender pay gap, in particular by the social partners;
Amendment 17 #
2012/2016(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. UWelcomes the Commission’s decision to initiate legislative action to tackle the lack of women in board rooms; urges the Commission to draw up and implement the relevant budget headings in its legislative proposals to increase the number of women on boards;
Amendment 19 #
2012/2016(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Emphasises the important role of the programme in the prevention of, and the fight against all forms of violence (DAPHNE) has played in eliminating violence against women in the European Union and stresses the importance of appropriate financing for the programme in 2013; Measures aimed at combating gender violence must be sufficiently funded;
Amendment 20 #
2012/2016(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Acknowledges the Commission’s decision to create a more flexible funding programme for actions undertaken by DG JUST under the headings of Justice and Rights and citizenship; urges that the Commission considers a lower limit for funding for the elimination of violence against women to guarantee the sustainability of future actions in this field;
Amendment 21 #
2012/2016(BUD)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Points out the important role the gender-equality and anti-discrimination headings of the PROGRESS programme have played in promoting equality between men and women and combating discrimination in the European Union; urges that these budget lines are not reduced in the final year of the 2007-2013 MFF and that measures are taken to ensure that funding is guaranteed in the succeeding MFF of 2014-2020
Amendment 22 #
2012/2016(BUD)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Reminds the Member States to make use of the funds available under the European Social Fund and the European Regional Development Fund to promote gender equality, specifically in the field of employment, not merely by implementing gender mainstreaming; measures should be aimed at vulnerable groups of women, taking due account of the impact of the economic crisis, investing in high-quality public services and, specifically, guaranteeing adequate provision of high- quality services at affordable prices for childcare, care of the aged and care of other dependent persons; calls for genuine budgetary transparency in respect of the funds allocated to gender equality policies (ESF, PROGRESS, DAPHNE);
Amendment 24 #
2012/2016(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Reaffirms the importance of appropriate funding for the European Institute for Gender Equality, in order to ensure that the Institute has sufficient human resources and the necessary expertise in order to be fully operational and meet its overall objectives to promote gender equality, as set out in the regulation establishing the Institute;
Amendment 28 #
2012/2016(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Deplores the fact that a high number of women continue to live in poverty or are at risk of poverty; calls on, in particular women with special needs, such as disabled women, immigrant women, women belonging to minorities, elderly women and single mothers; urges the Commission to pay particular attention to this problem when both drawing up and implementing the relevant budget headings; and also in the policies it adopts;
Amendment 30 #
2012/2016(BUD)
Draft opinion
Paragraph 8 – introductory part
Paragraph 8 – introductory part
8. Asks the Commission to launch a pilot projects in the following fields:
Amendment 31 #
2012/2016(BUD)
Draft opinion
Paragraph 8 – indent 2
Paragraph 8 – indent 2
Amendment 34 #
2012/2016(BUD)
Draft opinion
Paragraph 8 – indent 3
Paragraph 8 – indent 3
Amendment 36 #
2012/2016(BUD)
Draft opinion
Paragraph 8 – indent 4
Paragraph 8 – indent 4
Amendment 40 #
2012/2016(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. CWelcomes the Commission’s open consultation on activities in the framework of the 2013 European Year of Citizenship; calls on the Commission to include funds earmarked for gender- specific activities in the budget for the 2013 Year of CitizenshipYear; including measures to increase women’s political participation at local, national and European level, with a particular focus on women from minorities, women with disabilities, older women, and single mothers who are often subject to multiple forms of discrimination;
Amendment 41 #
2012/2016(BUD)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 44 #
2012/2016(BUD)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 48 #
2012/2016(BUD)
Draft opinion
Paragraph 12
Paragraph 12
12. Highlights the need forimportance of appropriate funding for measures to promote gender equality in third countries; stresses the need for EU-funded measures to eliminate trafficking and gender violence in third countries, in particular the phenomenon of female genital mutilation, and for programmes to increase female participation in education and combat female illiteracy, promote the participation of women in all levels of decision-making processes and to encourage female entrepreneurship;
Amendment 51 #
2012/2016(BUD)
Draft opinion
Paragraph 13
Paragraph 13
13. Recognises that this budget is being prepared in a time of austerity; stresses the importance of effective EU funding;Stresses the importance of the social partners in the design and implementation of effective EU projects to promote equality and eliminate discrimination
Amendment 278 #
2012/0180(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The statute of the collecting society shall provide for appropriate and effective mechanisms of participation of all its members in the collecting society's decision-making process. The representation of the different categories of members in the decision-making process shall be fair and balanced.
Amendment 379 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The Commission shall be empowered, by means of implementing acts, to assess the existence of cost-effective work usage monitoring technologies for the reporting of the actual use of rights, categories of rights, type of works or other subject matter, taking into account technological developments. The first assessment shall take place 6 months after the entry into force of this Directive and be followed by yearly updates. When the Commission identifies the existence of cost-effective usage monitoring technologies for certain rights, categories of rights or type of works, the reporting and payment requirements provided for online music rights in this Directive shall apply mutatis mutandis to such rights, categories of rights or type of works. Member States shall ensure that collecting societies and users apply cost- effective usage monitoring technologies without undue delay, when such technologies exist.
Amendment 385 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders canhave not been distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurreddate of entry into force of this Directive, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting society.
Amendment 12 #
2011/2313(INI)
Motion for a resolution
Recital C
Recital C
C. whereas changes to the legal framework that would facilitate the acquisition and cross border-licensing of rights would encourage the free movement of works in the EU and help to strengthen the European audiovisual industry;
Amendment 17 #
2011/2313(INI)
Motion for a resolution
Recital D
Recital D
D. whereas European broadcasters provide the funding for more than 80 % of the original European audiovisual programmes produced and play a crucial role in the promotion and protection of cultural diversitylay a crucial role in the promotion of the European creative industry and protection of cultural diversity; broadcasters provide funding for more than 80 % of original European audiovisual content;
Amendment 25 #
2011/2313(INI)
Motion for a resolution
Recital E
Recital E
E. whereas it is essential to ensure the development of attractive and diverse legal online contentffers online and to make it easier to use for consumers, particularly as regards paym to access content;
Amendment 32 #
2011/2313(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is essential to ensure legal certainty with regard to authors' and neighbouring rights in the European digital area;
Amendment 36 #
2011/2313(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas it is essential that braodcasters and other content providers continue to have one-stop shop access to the global repertoire for music through a blanket license from a single collecting society for linear and on-demand service;
Amendment 40 #
2011/2313(INI)
Motion for a resolution
Recital I
Recital I
I. whereas specific action needs to be taken to preserve the European cinematographic and audiovisual heritage, particularly by encouraging the digitisation of content, and making it easier for citizens and users to access Europe's film and audiovisual heritage;
Amendment 47 #
2011/2313(INI)
Motion for a resolution
Recital K
Recital K
K. whereas it is absolutely essential to preserve the principle of net neutrality in order to ensure the availability of audiovisual services, and promoting freedom of expression and media pluralism in the European Union;
Amendment 107 #
2011/2313(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to promote respect for authors' and neighbouring rights and to combat the provision of unauthorised content, including via streaming;
Amendment 115 #
2011/2313(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for Internet users to be afforded greater legal certainty when using streamed services, but suggests that consideration should be given to how to block access to pay platforms offering unauthorised services, or illegal content;
Amendment 125 #
2011/2313(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Maintains that it is essential to guarantee authors remuneration that is fair and proporin relational to the revenue generated by the online exploitation of their works;
Amendment 136 #
2011/2313(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that the administration of audiovisual rights for the commercial exploitation of works in the digital age could be made easier if Member States were to introducpromote effective, and transparent and legally certain rights management procedureslicensing, including voluntary extended collective licensing, where such procedures are currently lacking;
Amendment 141 #
2011/2313(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Maintains that the best means of guaranteeing decentfair remuneration for rights holders is to implement inter-branchpromote freely negotiated collective agreements between producers, authors and performers;
Amendment 145 #
2011/2313(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to ensure that collective management companies use mutually compatible toolinteroperable systems;
Amendment 8 #
2011/2294(INI)
Draft opinion
Paragraph B a (new)
Paragraph B a (new)
B a. whereas EU 2020 outlines the need for smart growth in the EU and highlights the importance of R&D and innovation policy, yet numbers of females graduating from STEM subjects remain low, with only 20% of engineering graduates being women,
Amendment 36 #
2011/2185(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Welcomes the presence of a gender expert in most of the EUEOMs and the attention given to women’s participation in electoral processes, and calls for the conclusions of the EUEOM reports on this matter to be channelled into geographical and thematic programmes in the countries concernednecessary measures to be put in place to ensure their presence in all EUEOMs;
Amendment 37 #
2011/2185(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls for the conclusions of the EUEOM reports on women’s political participation in electoral processes to be channelled into geographical and thematic programmes in the countries concerned;
Amendment 2 #
2011/2091(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Europe 2020 Strategy sets a headline employment rate target of 75% for both women and men and states the objective of decreasing the number of those living at risk of poverty by 20 million; whereas the group of women over 50 with all its specificities, due to the high levels of poverty and unemployment particular to this group, is therefore a decisive age-cohort in meeting both of these targets,
Amendment 19 #
2011/2091(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas violence against older women is a severely underestimated issue due to older women's particular reticence in disclosing abuse, stereotyping by service providers who believe older women to be less at risk, and the reduced range of options available to older female victims of abuse,
Amendment 24 #
2011/2091(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Member States to ensure that multiple discrimination against women over 50 is better reflected in the open method of coordination regarding pensions, social inclusion, changing gender stereotypes and inclusion of women ion decision-making bodies;
Amendment 84 #
2011/2091(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Asks the Member States to consider establishing new formsxploring a range of accommunal living and intergenerational cohabitodation options and supporting community groups and organisations as a way of combating isolation among elderly women and creating a favourable environment for intergenerational solidarity;
Amendment 94 #
2011/2091(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission and the Member States to combat all forms of violence against older women, with special attention to their vulnerable situationrecognising the underestimation of this problem, tackling societal stereotypes and ensuring service providers are able to take into account the specific needs of older victims of violence, in order to ensure full enjoyment of human rights and achieve gender equality, byand making full use of the DAPHNE programme;
Amendment 1 #
2011/2088(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to its resolution of 16 January 2008 entitled "Towards an EU strategy on the rights of the child"1, ________ 1 OJ C 41E, 19.2.2009, p. 24
Amendment 17 #
2011/2088(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, despite the steady decline in rates of ESL in the last decade, most Member States still have a fragmented and inadequately coordinated approach to tackling the problem,
Amendment 22 #
2011/2088(INI)
Motion for a resolution
Recital G
Recital G
G. whereas ESL is a fundamental contributing factor to social exclusion in later life,
Amendment 26 #
2011/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that the foundations for a child's future educational careerpath are laid in the early years of childhood, and reiterates the call contained in its resolution on Early Years Learning in the EU for the development of a European framework for early childhood education and care services;
Amendment 73 #
2011/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages better career guidance and quality work experience schemes at school, in order to demystify the world of work for pupils and motivate them to set realistic goals;
Amendment 80 #
2011/2088(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recognises that grade repetition can stigmatise low-achievers and does not necessarily lead to better results; stresses that limiting grade repetition in Member States where it is widely practised and replacing it with individual flexible support is a more effective way to tackle ESL;
Amendment 95 #
2011/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises the crucial importance of state schooling systems of the highest quality; , where learning is free and accessible to everyone and takes place in a safe and enabling environment;
Amendment 97 #
2011/2088(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for special efforts to be made to prevent and address bullying and violence at school;
Amendment 101 #
2011/2088(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights that it is important to anchor the school community within larger social networks since a variety of agents in society are responsible for children leaving school prematurely, including not only parents and schools but also local authorities, and calls for closer cooperation between all these actors, together with local health and social services; notes that a ‘joined-up’ approach can be effective in helping individuals overcome multiple barriers to educational achievement and employment;
Amendment 104 #
2011/2088(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that young people, including early school leavers themselves, must be involved in discussions about the design and implementation of ESL policies and programmes; notes that active participation of students, for instance via student councils, can encourage their motivation by enhancing their feeling of being 'included' in debates revolving around their own academic success;
Amendment 113 #
2011/2088(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises that mapping the interventions provided in Member States by different sectors of the community can be difficult but should be encouraged with the purpose of exchanging good practices; stresses the need for better EU- wide coordination between these various services, as well as better coordination within Member States;
Amendment 127 #
2011/2088(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlights that positive relationships between teachers and students are vital in engaging young people in the process of learning; therefore encourages Member States to invest in appropriate training for teachers to ensure they have the skills to engage and motivate their students;
Amendment 130 #
2011/2088(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Recognises that teachers need the social skills and time required to recognise and support different learning styles, as well as the freedom and space to adopt different teaching and learning methods in agreement with students;
Amendment 140 #
2011/2088(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 141 #
2011/2088(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the entitlement of all to lifelong learning, which includes not only formal but also non-formal and informal educationlearning;
Amendment 161 #
2011/2088(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Highlights that extra-curricular activities should be developed within schools, as this helps to create a 'positive' image of the school environment; acknowledges that giving pupils more incentives to go to school is a way of preventing ESL;
Amendment 162 #
2011/2088(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Recognises the role that youth organisations play in preventing ESL through non-formal education, which provides young people with important competences, a sense of responsibility, and an increased self-esteem;
Amendment 163 #
2011/2088(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Recognises that in all EU Member States adequate levels of literacy and numeracy are rarely reached by all school students, which contributes to ESL; highlights that Member States should, as a matter of urgency, set targets to ensure that all pupils leave primary school with the ability to read, write and undertake mathematics at an appropriate level for their age; moreover, Member States should further establish literacy and numeracy schemes to allow students who have missed out on these essential skills during their formal education to catch up as soon as possible;
Amendment 166 #
2011/2088(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on Member States to develop a means of reintegrating early school leavers into the school system, such as through ‘second-chance’ schoolseducation;
Amendment 168 #
2011/2088(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Notes that in order to ensure these reintegration measures reach out to those most in need, adequate systems should be put in place for identifying and monitoring, raising awareness and for measuring outcomes;
Amendment 169 #
2011/2088(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Notes that very few evaluations have been undertaken of the various reintegration measures in Member States; therefore calls on Member States to monitor and assess their reintegration programmes and to set out targets for improvement;
Amendment 177 #
2011/2088(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for more funds and improved accessibility for the EU's Lifelong Learning Programme, which increases pupils' and teachers' mobility, enhances the exchange of best practices and contributes to improving teaching and learning methods;
Amendment 83 #
2011/2066(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 12 #
2011/2049(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the predominant two-parent model is becoming less frequent, and single mothers are becoming increasingly significant as a group in all advanced and industrialised countries, whether as a result of divorce, separation, bereavement, or never having been married, and whereas there is therefore a need to respond to this new reality by adapting policies,
Amendment 20 #
2011/2049(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas disproportionate attention is paid to teenage parenthood as a route into parenting alone, painting an inaccurate picture of who single parents are; whereas damaging and inaccurate stereotypes erode single parents’ confidence and self esteem and that of their children,
Amendment 27 #
2011/2049(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, despite changing public attitudes in some Member States, single parents are still stereotyped and socially stigmatised and; whereas the role of informal networking in their integration should be recognised,
Amendment 73 #
2011/2049(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages the development of online and interpersonal chat forums, blogs or telephone help lines aimed directly at single mothers, in order to reduce their isolation and allow them to exchange viewsadvice, information and best practices about theirbased on their individual needs;
Amendment 81 #
2011/2049(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that many factors influence how children develop in single- parent families, that most children brought up by a single parent grow up to do well, and that the factors that matter to how children get on are far more complex than family type;
Amendment 82 #
2011/2049(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights that decisions around family policy should prioritise the needs and best interests of the child, and ensure that children can thrive;
Amendment 148 #
2011/2049(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to enhance single mothers’ access to childcare by adhering to the targets set in the conclusions of the Barcelona European Council ‘to provide childcare by 2010 to at least 90% of children between 3 years old and the mandatory school age and at least 33% of children below 3 years of age’;
Amendment 150 #
2011/2049(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that in order to facilitate work- life balance for single mothers, greater involvement of fathers is necessary if this is in the best interest of the child; notes in this regard that shared custody is almost non-existent in some Member States;
Amendment 23 #
2011/0901B(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 29 #
2011/0901B(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 32 #
2011/0901B(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 37 #
2011/0901B(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 46 #
2011/0901B(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Taking into account the likely evolution of the workload of the General Court, the numberhe number of Judges may be increased up to a maximum of 40. The Court of Judgesstice should be fixed at 56 at the end of a three-stage process, it being understood that at no point of time can there be more than two Judges sitting at the General Court appointed upon a proposal by the same Member Statecite evidence to justify any increase considered necessary, including economic or structural necessities.
Amendment 50 #
2011/0901B(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 68 #
2011/0901B(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In September 2019, the remaining nine additional Judges should take office. In order to ensure cost effectiveness, this should notorder to ensure cost effectiveness at all levels, increases in the number of Judges should not necessarily entail the recruitment of additional legal secretariesstaff or other support staff. Internal re-organisation measures within the institution should ensure that efficienbest use be made of existing human and budgetary resources.
Amendment 72 #
2011/0901B(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 77 #
2011/0901B(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Any increase in staffing levels at the Court of Justice should be, insofar as possible, undertaken within the existing budget for the institution. Where an increase in budget is deemed necessary, the justifications for such an increase must be set out.
Amendment 86 #
2011/0901B(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Protocol No 3
Article 48
Article 48
(2) Article 48 is replaced by the following : ‘Article 48 The General Court shall consist of: (a) 40 Judges as from …*; (b) 47 Judges as from 1 September 2016; (c) two Judges per Member State as from 1 September 2019.’ __________________ * OJ: insert ‘1 September 2015’, or t at least one Judge per Member State, which may be increased by up to twelve additional Judges. Such an increase, providing for up to twelve additional Judges, may be made if the court of Justice furnished date of entry into force of this Regulationetailed evidence showing it to be objectively necessary ifn that date is after 1 September 2015e light of an increased caseload.
Amendment 102 #
2011/0901B(COD)
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Protocol No 3
Article 48 a (new)
Article 48 a (new)
(2a) The following Article is inserted: ‘Article 48a Where one or more additional Judges’ posts are to be filled, the Government of a Member State should endeavour to propose a nominee of the opposite sex to the sitting judge from that Member State.’
Amendment 20 #
2010/2275(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas women make up around 60% of all university graduates, but are underrepresented in full-time work in the labour market, particularly in the field of business; whereas it is crucial to encourage and empower women to embark on entrepreneurial ventures in order to reduce existing gender inequalities,
Amendment 23 #
2010/2275(INI)
Motion for a resolution
Recital E
Recital E
E. whereas there are discrepancies between Member States in the numbers of women entrepreneurs and whereas; whereas, despite the upturn in the last decade in the numbers of women running SMEs, in the European Union only 1 in 10 women are entrepreneurs as opposed to 1 in 4 men,
Amendment 29 #
2010/2275(INI)
Motion for a resolution
Recital G
Recital G
G. whereas female entrepreneurship and female SMEs are a key source of jobs, business dynamism and innovation, the potential of which is not fully exploited in the European Union; whereas in an unstable economic climate measures to support female entrepreneurs are easily neglected,
Amendment 35 #
2010/2275(INI)
Motion for a resolution
Recital H
Recital H
H. whereas men and women, in many cases, do not have the same opportunities to run and develop companies and whereas promoting women's entrepreneurship is a type of long-term endeavour that requires time to change structures and attitudes; whereas women have always been entrepreneurial, but rules and traditions have meant that entrepreneurship has not always been an option for women,
Amendment 40 #
2010/2275(INI)
Motion for a resolution
Recital J
Recital J
J. whereas women entrepreneurs are a heterogeneous group, varying in terms of age, background and education, rand theyging from recent graduates to those well- advanced in their career who want to find new ways of using their skills, capacity and creativity, and whereas women entrepreneurs are active in a wide range of sectors and businesses; whereas women are often wrongly perceived to lack entrepreneurial characteristics and propensities such as self-confidence, assertiveness and risk- taking,
Amendment 47 #
2010/2275(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas there has not been enough research undertaken on female entrepreneurship at EU-level, which can inform the development and implementation of EU-wide policies in this area,
Amendment 87 #
2010/2275(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that some businesswomen are more inclined to take measured or calculated risks, which may create barriers to growth; calls on Member States to support female entrepreneurs' access to growth potential assessments conducted by experienced consultants which measure the risk potential;
Amendment 90 #
2010/2275(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on Member States to embrace national educational concepts for ‘young entrepreneurship’ in upper secondary schoolsschools to raise girls' interest in entrepreneurship, so that over the course of a school year female students can experience the lifecycle of a business through the start-up, running and winding up of a company, linking to this process mentoring from teachers and ‘active ageing’ advisors from the local business community;
Amendment 93 #
2010/2275(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises that from a young age many girls are discouraged from pursuing school and university subjects perceived as inherently 'masculine', such as science, maths and technology; encourages educators to broaden the spectrum of possible subjects and careers open to girls, so that they are able to develop the knowledge base and full range of skills necessary for succeeding in business;
Amendment 94 #
2010/2275(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Highlights the importance of fostering girls' and women's employability through skills training and lifelong learning;
Amendment 101 #
2010/2275(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Asks Member States to take accountraise awareness of the European entrepreneur exchange programme ‘Erasmus for young entrepreneurs’, the specific objective of which is to contribute to enhancing entrepreneurship, internationalisation and competitiveness of potential start-up entrepreneurs in the EU and newly established micro and small enterprises, and which offers new entrepreneurs the possibility to work for up to 6 months with an experienced entrepreneur in his/her SME in another EU country; recommends specific scholarships to be provided for female students with outstanding potential, culminating in ‘best practice’ award ceremonies for successful graduates;
Amendment 106 #
2010/2275(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Regrets that in an unstable economic climate many potential female entrepreneurs may be put off starting up a new business; highlights that the development of profitable SMEs by both men and women can help Member States to achieve more sustainable economic growth;
Amendment 108 #
2010/2275(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Encourages Member States to implement policies enabling women to achieve an adequate work-life balance; calls on Member States to adhere in particular to the targets set in the Barcelona European Council Conclusions;
Amendment 123 #
2010/2275(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks Member States to encourage and make provisions for female leaders of SMEs to be linked with the appropriate business leaders in other fields so that they may have the opportunity to share experiences and exchange good practices and gain a better understanding of the wider business world;
Amendment 133 #
2010/2275(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the Commission's 2008 study on women innovators and entrepreneurship, and urges Member States to adhere to its policy recommendations;
Amendment 12 #
2010/2209(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the term ‘violence against women’ meanalthough there is no internationally recognised definition of the term ‘violence against women’, it is defined by the United Nations as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life3 ,
Amendment 22 #
2010/2209(INI)
Motion for a resolution
Recital C
Recital C
C. whereas violence is a traumatic experience for any man, woman or child, but gender-based violenceaffects people of every class, age, race, disability, gender and sexuality, but gender-based violence is a structural phenomenon which is preponderantly inflicted by men on women and girls, and both reflects and reinforces inequities between men and women and compromises the health, dignity, security and autonomy of its victims,
Amendment 28 #
2010/2209(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas studies on gender-based violence estimate that one-fifth to one- quarter of all women in Europe have experienced physical acts of violence at least once during their adult lives, and more than one-tenth have suffered sexual violence involving the use of force; whereas research also shows that 26% of children and young people report physical violence in childhood,
Amendment 29 #
2010/2209(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas children are often hidden victims of gender-based violence, particularly domestic violence, whether from being abused directly or from what they witness,
Amendment 59 #
2010/2209(INI)
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
– a criminal-law instrument in the form of a directive against gender-based violence, which should be complemented by a broad range of legislative and other measures aimed at tackling gender inequality,
Amendment 64 #
2010/2209(INI)
Motion for a resolution
Paragraph 1 – indent 2
Paragraph 1 – indent 2
– demands on the Member States to provide law enforcement staffall those who encounter victims of gender-based violence, be it law enforcement staff, medical staff or lawyers, with clear instructions on how to proceed in cases of gender-based violence and to provide them with the necessary training on the prevention and detection of gender-based violence, equality between men and women and the needs and rights of victims, highlighting special procedures to be used in cases where the victim is a child under the age of 18,
Amendment 76 #
2010/2209(INI)
Motion for a resolution
Paragraph 1 – indent 4 a (new)
Paragraph 1 – indent 4 a (new)
- demands that Member States, where possible, set up confidential reporting and referral mechanisms for victims, such as telephone or internet helplines, which are run by professionals trained in dealing with abuse,
Amendment 78 #
2010/2209(INI)
Motion for a resolution
Paragraph 1 – indent 5
Paragraph 1 – indent 5
– policy proposals to help victims and their children rebuild their lives, in addition to ensuring their safety and re- establishing their physical and psychological health,
Amendment 86 #
2010/2209(INI)
Motion for a resolution
Paragraph 1 – indent 6
Paragraph 1 – indent 6
– minimum requirements as to the number of victim support structures per 10 000 inhabitants for victims of gender-based violence in the form of centres with specific expertise to help victimsprovide treatment and advice for victims, for instance sexual assault referral centres for victims of rape and other forms of sexual violence,
Amendment 120 #
2010/2209(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Commission and Member States to recognise different forms of violence against women, such as the pervasiveness of domestic violence; its effects upon children; the relationship between domestic violence and child abuse; and girls’ experience of violent partners in their early personal relationships;
Amendment 121 #
2010/2209(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission and Member States to use term ‘violence against women and girls’ in all future policy proposals;
Amendment 145 #
2010/2209(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the EU Fundamental Rights Agency and the Gender Institute to carry out research which looks at the pervasiveness of violence in teenage relationships and the impact this has on their welfare;
Amendment 146 #
2010/2209(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights the need to raise awareness of the harm caused by domestic violence, including its effects on children, and to create a culture which challenges the acceptability of such violence;
Amendment 162 #
2010/2209(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that civil society, particularly NGOs, women's associations and other public and private voluntary organisations providing support to victims of violence, offers a service of great value and should be given support by the Member States; highlights that both men and women, including victims of violence, should play a participatory role in combating gender- based violence;
Amendment 174 #
2010/2209(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. EWelcomes the work of the Commission's Daphne Programme in combating violence against children, young people and women in Europe, in supporting victims and in reducing vulnerability to violence; emphasises that Member States should devote appropriate resources to preventing and combating violence against women, including through recourse to the Structural Funds;
Amendment 5 #
2010/2162(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the austerity measures being implemented across the EU will have a particularly damaging impact on women, who dominate the public sector both as employees and as beneficiaries of services,
Amendment 22 #
2010/2162(INI)
Motion for a resolution
Recital F
Recital F
F. whereas universal access to support services such as children's care facilities, facilities for the elderly and other dependants is important for equal participation of women and men in the labour market and as a means to prevent and reduce poverty,
Amendment 25 #
2010/2162(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas pregnancy affects the work and educational opportunities of women to a greater extent than men, for instance where unplanned pregnancies force women to terminate their education early,
Amendment 30 #
2010/2162(INI)
Motion for a resolution
Recital H
Recital H
H. whereas poverty is a factor associated with an increased risk of gender -based violence is also, which is a major barrier to gender equality and is closely linked to the risk; whereas since domestic violence frequently leads to job loss, poor health and homelessness, it can also push women into a cycle of poverty; whereas, in addition, trafficking in human beings is a modern form of slavery that affects women and girls on a large scale and constitutes a significant factor that is both driven by and contributes to poverty,
Amendment 38 #
2010/2162(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the life expectancy for women is about six years longer than for men, with statistics for the EU-27 in 2007 showing men living to 76 years old and women to 82 years old; whereas this has important implications for female poverty, particularly as women have greater difficulty than men in accessing social security and pension systems,
Amendment 126 #
2010/2162(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a Recognises, in addition, that finding meaningful solutions to tackling female poverty may be one way of reducing gender-based violence, since women in poverty are at greater risk of abuse;
Amendment 132 #
2010/2162(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the importance of the structured social dialogue and the involvement of civil society in fighting women's poverty;
Amendment 1 #
2010/2159(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the Commission Communication entitled "Early Childhood Education and Care: Providing all our children with the best start for the world of tomorrow" (COM(2011)66) (Communication on ECEC),
Amendment 7 #
2010/2159(INI)
Motion for a resolution
Recital B
Recital B
B. whereas throughout the EU, early childhood education and care (ECEC) is provided in different ways, with various definitions of ‘quality’ which depend heavily on states‘ and regions' cultural values and their interpretation of ’childhood‘,
Amendment 46 #
2010/2159(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that the provision of maternity and paternity leave of sufficient length is an, as well as the implementation of efficient and flexible labour market policies, are essential components in effective ECEC policy;
Amendment 49 #
2010/2159(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 63 #
2010/2159(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Restates that investment in ECEC has been proven to have later economic benefits, such as increased tax contributions through a strengthened workforce, as well as reduced future health costs, lower crime rates and fewer instances of antisocial behaviour; stresses that prevention is a more effective tool, and more cost efficient, than intervention at a later stage;
Amendment 76 #
2010/2159(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recognises that having qualified and well-trained staff working with young children has the most notable impact on the quality of ECEC services, and as such calls on Member States to raise professional standards by introducing recognised qualifications for those working in the ECEC field; notes that other factors, including staff to child ratio, group sizes and curriculum content, can also affect quality;
Amendment 77 #
2010/2159(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recognises the need for more connections and transfers of approaches between ECEC educators and primary school teachers, focusing on the continuity of learning methods;
Amendment 84 #
2010/2159(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes that the positive effects of early intervention programmes can only be sustained in the long term if they are followed up with high-quality primary and secondary education;
Amendment 85 #
2010/2159(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on Member States to develop mechanisms to evaluate provision and ensure that quality standards are respected, in order to improve ECEC services;
Amendment 88 #
2010/2159(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Welcomes the Commission's intention to promote the identification and exchange of good policies and practices through the open method of coordination, as mentioned in the Communication on ECEC;
Amendment 26 #
2010/2138(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, at the Barcelona European Council of March 2002, the Member States were asked to provide by 2010 childcare for at least 90% of children between three years old and the mandatory school age and at least 33% of children under three years old, but there are still not enough publicly-funded childcare facilities in many countries which has a particularly negative impact on disadvantaged families,
Amendment 29 #
2010/2138(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there is a need to address gender stereotypes in education, which often pushresult in children into sectorbeing pushed into school and university subjects traditionally seen as the preserve of either men or of women, and; whereas it is important to promote diversification of school and career choices,
Amendment 31 #
2010/2138(INI)
Motion for a resolution
Recital K
Recital K
K. whereas not enough girls go into science, mathematics, computing and technology, leading to severe gender segregation by sector,
Amendment 43 #
2010/2138(INI)
Motion for a resolution
Recital R
Recital R
R. whereas violence against women is a violation of their fundamental rights and an obstacle to equality; whereas it is estimated that 20-25% of women suffer physical violence in the course of their lives; whereas psychological violence iscan be just as devastating as physical violence,
Amendment 67 #
2010/2138(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls, in view of the continuing pay gap between men and women,Welcomes the Commission’s launch of an EU-wide campaign to help tackle the gender pay gap; notes, however, that the pay gap between men and women remains, and therefore calls for a Europe- wide debate to combat stereotypes linked to the respective roles of men and women;
Amendment 87 #
2010/2138(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that only 3% of major companies are chaired by a woman; calls on the Member States to take effective measures, such as quotas, to ensure greater representation for women in major listed companies and on the management boards of companies in general;
Amendment 101 #
2010/2138(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Advocates access for women and men to adequate information and support on reproductive health and women’s right to avail themselves of services in this area;
Amendment 14 #
2010/2115(INI)
Motion for a resolution
Recital E
Recital E
E. whereas studies produced by the Commission and the private sector have demonstrated a correlation between companies' improved commercial and financial performance and the presence of women in their decision-making bodies; whereas the clear message is that meaningful representation of women at management level actually serves to enhance performance and commercial competitiveness,
Amendment 26 #
2010/2115(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the proactive initiatives and measures taken by the private sector to increase female representation – such as in- company human-resources development with a view to improved career support for women, or the creation of networks, beyond the bounds of the company, to encourage women's participation and advancement as well as regular exchanges of good practice – have proved insufficient to alter the status quo within companies, and women remain seriously under- represented at management level,
Amendment 25 #
2010/2041(INI)
Motion for a resolution
Recital F
Recital F
F. whereas equal access for all to quality education enhances better integration in the labour market; whereas, however, in certain States ethic minority populations are excluded from full and equal participation in mainstream education systems; whereas, to ensure the development of a democratic and open- minded European society, education systems must transmit values of tolerance and equality,
Amendment 50 #
2010/2041(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the lower socio-economic status of some ethnic minority women trmeanslates into their right to integrity being denied that their ability to successfully integrate into society is made more difficult,
Amendment 78 #
2010/2041(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to adopt measures that aim to avoid the de-skilling ofo ensure that women belonging to ethnic minorities by ensuring equal job opportunities according tohave equal access to the labour market, and are given the opportunity to use and develop their skills and qualificationsthey possess in their chosen area of employment;
Amendment 107 #
2010/2041(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the active participation of women belonging to ethnic minority groups in all spheareas of their livessociety, including politics, education and culture;
Amendment 115 #
2010/2041(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on Member States to respect the fundamental rights of all women, including ethnic minority and immigrant women, whether or not their status is regular, and in particular their access to justice, legal aid, housing and health care;
Amendment 119 #
2010/2041(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the Commission and the Member States to improve access to education targeted at childrfor women and womengirls belonging to ethnic minority groups in order to avoid a gender gap in education levels that may leads to labour market exclusion and poverty;
Amendment 129 #
2010/2041(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Encourages the Member States to provide language teaching in the host country's main language for all those who are unable to communicate fluently in the language concerned;
Amendment 102 #
2010/2028(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reminds Member States of their commitments to these European standards and urges them to provide appropriate and stable funding for public service media to enable them to fulfil their remit, guarantee their political and economic independence, contribute to an inclusive information and knowledge society and avoid a division between information haves and have-notsnarrowly focused, unrepresentative and uninformative media;
Amendment 131 #
2010/2028(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that transparency of ownership of private broadcasters is not guaranteed in all Member States, and calls onand the independence of public service broadcasters are not guaranteed in all Member States, leading, in some instances, to worrying levels of media concentration that threaten media pluralism and democracy; the Commission toshould monitor and support progress to this endwards greater levels of transparency and media pluralism;
Amendment 3 #
2010/2018(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses disappointment that the EU employment law package and the aforementioned directives on fixed-term, part-time and temporary agency work do not adequately address the precarious nature of employment; calls, therefore, on the Commission and the Member States to take further specific legislative measures, such as introducing binding minimum social standards for employees and granting all employees equal access to social services and benefits, including maternity leave, health care and retirement pensions, as well as to education and training, regardless of their employment conditions; calls on Member States, in addition, to implement legislation ensuring reasonable limitation of working hours, rest and leisure for workers;
Amendment 6 #
2010/2018(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to encourage the Member States to exchange best practices and make full use of the co- financing opportunities offered by the Structural Funds, in particular the European Social Fund, to ensure broader access to affordable, quality childcare and elderly care facilities in order to transform domestic care jobs into decent, long-term public-sector jobs and to avoid women being forced into involuntary part-time employmentso that women are not forced to undertake these duties on an informal basis; stresses, in addition, the need to ensure that precarious domestic care jobs are transformed, wherever possible, into decent, long-term jobs;
Amendment 16 #
2010/2018(INI)
Motion for a resolution
Recital J
Recital J
J. whereas migrant women taking low- skilled temporary jobs on the periphery of the labour market or jobs as domestic workers may be exposed to double discrimination since, in addition to the fact that they often work in poor, irregular – if not illegal – conditions, they are more likely to be mistreated or subjected to violence or sexual abuse; whereas, furthermore, they are often unaware of their rights, have restricted access to public services, have limited knowledge of the local language and are unable to form networks, and whereas those in illegal employment do not dare contact the authorities to request protection because they fear being returned to their home country,
Amendment 25 #
2010/2018(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses disappointment that the EU employment law package and the aforementioned directives on fixed-term, part-time and temporary agency work do not adequately address the precarious nature of employment; calls, therefore, on the Commission and the Member States to take further specific legislative measures, such as introducing binding minimum social standards for employees and granting all employees equal access to social services and benefits, including maternity leave, health care and retirement pensions, regardless of their employment conditions; calls on Member States, in addition, to implement legislation ensuring reasonable limitation of working hours, rest and leisure for workers;
Amendment 27 #
2010/2018(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to ensure that employers who subject female workers to abusive or harmful treatment are brought to justice as early as possible;
Amendment 32 #
2010/2018(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need for legislative measures in order to securetackle persistent gender inequality and, in particular, to reduce gender segregation on the labour market; recalls, therefore, its aforementioned resolution of 18 November 2008, urges the Commission to submit a proposal relating to the application of the principle of equal pay for men and women, and reminds the Member States to transpose Directive 2006/54/EC*3 without delay;
Amendment 42 #
2010/2018(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that studies have shown that precarious employment, in which minimum health and safety standards may be ignored, carries higher injury rates and a greater risk of disease and exposure to hazards; calls, therefore, on the Commission and the Member States to enhance their monitoring of minimum health and safety requirements in the workplace, paying particular attention to the specific risks to female workers;
Amendment 43 #
2010/2018(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to encourage the Member States to exchange best practices and make full use of the co- financing opportunities offered by the Structural Funds, in particular the European Social Fund, to ensure broader access to affordable, quality childcare and elderly care facilities in order to transform domestic care jobs into decent, long-term public-sector jobs and to avoid women being forced into involuntary part-time employmentso that women are not forced to undertake these duties on an informal basis; stresses, in addition, the need to ensure that domestic care jobs are transformed, wherever possible, into decent, long-term public-sector jobs;
Amendment 46 #
2010/2018(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to propose a new European agreement on the rules on au pairs, lowering the age limit from 30 so that adult breadwinners in their late 20s cannot be placed as au pairs andregarding au pairs, which emphasisinge that au pairs are young people on cultural exchanges who will help out with day-to-day family duties, which must not exceed five hours per daytheir role is to help out with day-to-day family duties and to take part in family activities, which must not exceed 30 hours per week, and that the aim is to develop the au pair's cultural understanding and language skills;
Amendment 47 #
2010/2018(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the social integration of migrant women is even more difficult than that of their male counterparts, given that they are subject to dual discrimination; therefore encourages employers to take specific measures to facilitate the social integration of women migrant workers, for instance by offering them language training and/or support services;
Amendment 11 #
2010/2017(INI)
Motion for a resolution
Recital C
Recital C
C. whereas juvenile delinquency is no longer confined to acts of violence against others, theft, gang crime, smoking, drinking, taking socially accepted drugs such as cannabis, the influence of cults, or suicidal acts, but it now also extends to early sexualisation and exposure to pornography, for which the Internet has become a prime vehicle, dangerous games such as the ‘scarf game’ (voluntary strangulation), Jackass, and happy slapping, rape or gang rape, abusing substances which are smoked, drunk, or injected, self- harm, or the glorification of anorexiaeating disorders, excesses of which teenagers can be both instigators and victims; whereas troubled teenagers may commit crimes against other people to which they have previously been victim,
Amendment 20 #
2010/2017(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas antisocial or criminal behaviour may be carried out by young people of either sex, but whereas evidence suggests that this behaviour is increasing amongst girls,
Amendment 22 #
2010/2017(INI)
Motion for a resolution
Recital E
Recital E
E. whereas lawlessunderstanding antisocial behaviour by some young people, and violence that they inflict on others are a wide field of interest in which each component needs to be examined individually in depth before the different factors can be brought into an interconnected relationship serving to reveal the subject in its full complexity and identify possible solutionidentifying possible responses, necessitates a close look at the different, sometimes interconnected, factors which have an influence on their lives,
Amendment 46 #
2010/2017(INI)
Motion for a resolution
Recital N
Recital N
N. whereas under the Universal Declaration of Human Rights, mothers and children are entitled to special aid and assistance identifies the family as the natural and fundamental unit of society, which includes non-conventional family units such as same-sex partnerships, unmarried couples and one-parent families; and whereas parents, as a matter of priority, have the right to choose what kind of upbringing their children should have,
Amendment 50 #
2010/2017(INI)
Motion for a resolution
Recital O
Recital O
O. whereas although the family is unquestionablycan be seen as the first environment in which children are socialised in terms of their perception of the world and their behaviour, it is now no longert the only environment involved, nor indeed is its role inv necessariably the most decisiveinfluential,
Amendment 78 #
2010/2017(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Urges the Member States to spell out in their national statistics what costs society has to pay in connection with juvenile delinquency when parents have failed to exercise their responsibility;
Amendment 98 #
2010/2017(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to promote preventative policies aimed at enhancing the physical, mental and emotional wellbeing of young people, for instance by increasing the range of extracurricular activities and sports that are available to them;
Amendment 101 #
2010/2017(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the adoption of the Commission's new EU youth policy framework, 'Youth on the Move', which seeks to provide more equal opportunities for young people in the labour market and promote the active citizenship, social inclusion and solidarity of young people;
Amendment 55 #
2010/2015(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission to introduce annual scoreboards that list and comparemonitor EU news broadcasting by public service networks in the Member States, and to report its findings annually to the Committee on Culture and Education;
Amendment 121 #
2010/2015(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Suggests setting up a taskforce of independent journalists who are free of editorial control, hired from outside the EU institutionsystem of hiring journalists at arms length from the European Commission to work directly on communicating the news to Member States; suggests that these journalists should cover as mand based in Brussels, with the task of producing dailyy Member States and practicable and that ideally each journalist should find stories and communicate in his or her own Member State in order to gain optimum media coverage; suggests that such EU news coverage toshould be published on different platforms and channels in accordance with journalistic news criteria; suggests appointing an independent chief editor for this taskforce;
Amendment 136 #
2010/2015(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Finds the recent decrease in the number of accredited journalists in Brussels extremely worrying, while at the same time seeking to support those currently in Brussels;
Amendment 11 #
2010/2013(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas a continuous effort is required to ensure that women have equal access to education at all levels and that educational choices are not predetermined by gender stereotypes,
Amendment 38 #
2010/2013(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the Commission Communication on EU 2020 underlines that the "employment rate of women is particularly low" (only 63% of women are in work compared to 76% of men) and that "policies to promote gender equality will be needed to increase labour force participation"; consequently education and training policy needs to be targeted to close this gap in the labour market, thereby contributing to the achievement of sustainable growth and social cohesion;
Amendment 94 #
2010/2013(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
1 7a. Recalls in this context the Council Conclusions1 of May 2007 on the indicators developed for the follow-up of Council Document 9152/07 the Beijing Platform for Action in the areas of education and training of women, in particular higher education and research; regrets, however, that these indicators are not entirely taken into account in the monitoring of the implementation of the Education and Training 2010 work-programme; encourages in this respect their use as a tool for monitoring progress towards gender equality in education and training;
Amendment 99 #
2010/2013(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Notes that while progress has been made regarding women's access to higher education, women are still under - represented in the disciplines of mathematics, sciences and technology (only 32% of graduates are female, and 68% are male); points out that reducing gender imbalances in these fields would contribute to a decrease in the skills shortages experienced by the EU in those sectors;
Amendment 126 #
2010/2013(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Supports the objective to raise adult participation in lifelong learning from 12.5% to 15% by 2020, and calls for appropriate action; calls for the gender perspective to be taken into account, and promoted, in the implementation of lifelong learning strategies;
Amendment 130 #
2010/2013(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Encourages the European Institute for Gender Equality to take steps with a view to improving the collection and analysis of comparable data on gender equality in the field of education and training, and ensure that statistics on the relevant indicators relating to the Beijing Platform for Action are made readily available and are regularly updated;
Amendment 190 #
2010/0065(COD)
Proposal for a directive
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
b) interviews with the child victim take place, where necessary, in premises designed or adapted for this purpose, and where the child feels safe;
Amendment 193 #
2010/0065(COD)
Proposal for a directive
Article 14 – paragraph 3 – point f
Article 14 – paragraph 3 – point f
f) the child victim mayshould be accompanied by his or her appointed guardian, legal representative or, where appropriate, an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.
Amendment 81 #
2010/0064(COD)
Proposal for a directive
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the organisation of travel and/or other arrangements with the purpose of committing any of the offences referred to in Articles 3 to 6.
Amendment 83 #
2010/0064(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 7 may beis temporarily or permanently prevented from exercising activities involving regular contacts with children.
Amendment 85 #
2010/0064(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. Member States should ensure that a positive obligation is placed on state and private organisations exercising activities involving regular contact with children to actively check the criminal records of new employees, and that organisations, including schools, providing services for children have strong and active child protection policies in place.
Amendment 86 #
2010/0064(COD)
Proposal for a directive
Article 13
Article 13
Member States shall provide for the possibility of not prosecutingnot prosecute child victims or imposinge penalties on child victims of the offences referred to in Articles 4 and Article 5 (4) to (6) for their involvement in unlawful activities as a direct consequence of being subjected to those offences.
Amendment 90 #
2010/0064(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable and support investigative units or services to attempt to identify the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.
Amendment 92 #
2010/0064(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. Member States shall encourage state and private organisations exercising activities involving regular contact with children to carry out routine staff training, so that individuals are better able to detect where a child is being abused and are aware to whom this information should be reported.
Amendment 93 #
2010/0064(COD)
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. Member States shall take steps to ensure that victims have access to confidential child-friendly reporting and referral mechanisms, such as telephone or internet helplines, and that these are run by professionals trained in dealing with abuse.
Amendment 96 #
2010/0064(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 98 #
2010/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. Member States shall ensure that the rights of victims are fully realised through: (a) informing child victims of their rights and the services at their disposal and, unless they do not wish to receive that information, how their complaint is followed up, the charges, the general progress of the investigation or proceedings, and their role therein as well as the outcome of their case; (b) ensuring, at least in cases where the victims and their families might be in danger, that they may be informed, if necessary, when the person prosecuted or convicted is released temporarily or definitively; (c) protecting the privacy of child victims, their identity and their image by taking measures in accordance with internal law to prevent the public dissemination of any information that could lead to their identification; (d) providing for the child victims' safety, as well as that of their families and witnesses on their behalf, from intimidation, retaliation and repeat victimisation; (e) ensuring that contact between victims and perpetrators within court and law enforcement agency premises is avoided, unless the competent authorities establish otherwise in the best interests of the child or when the investigations or proceedings require such contact.
Amendment 99 #
2010/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
1b. Member States should acknowledge child victims as active agents in the fight against sexual abuse and exploitation, ensure that their views are listened to, and take steps to help children develop the life skills necessary for recognising and avoiding situations where they may be vulnerable to abuse.
Amendment 104 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Without prejudice to the rights of the defence, Member States shall take the necessary measures to ensure that in criminal investigationproceedings of any of the offences referred to in Articles 3 to 7:
Amendment 105 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 3 – point b
Article 19 – paragraph 3 – point b
(b) interviews with the child victim take place, where necessary, in premises designed or adapted for this purpose, and where the child feels safe;
Amendment 108 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 3 – point f
Article 19 – paragraph 3 – point f
(f) the child victim mayshould be accompanied by his or her appointed guardian, legal representative or, where appropriate, an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.
Amendment 109 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 5 – introductory part
Article 19 – paragraph 5 – introductory part
5. Member States shall take the necessary measures to ensure, in criminal court proceedings relating to any of the offences referred to in Articles 3 to 7, that it mayust be ordered that:
Amendment 112 #
2010/0064(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Such intervention programmes or measures shall be adapted to meet the specific developmental needs for children who sexually offend against other children, including those who are below the age of criminal responsibility. Member States should ensure that such children are offered a suitable response, which includes an assessment of their individual needs and appropriate treatment to address their offending behaviour.
Amendment 13 #
2009/2242(INI)
Motion for a resolution
Recital A
Recital A
A. whereas although equality between women and men is a necessary requirement for the full enjoyment of our universal human rights and a fundamental principle of the EU that has long been recognised in the Treaties, significant inequalities are continuing to make themselves felt in day- to-day politics and in women’s lives,
Amendment 19 #
2009/2242(INI)
Motion for a resolution
Recital C
Recital C
C. whereas although the 2006-2010 Roadmap for equality has served to some extent to highlight key aspects of gender equality, actuahighlighted gaps in the achievement of full gender equality, and has, in some cases, driven the gender equality agenda forward, overall progress has been modest,
Amendment 27 #
2009/2242(INI)
Motion for a resolution
Recital E
Recital E
E. whereas those living in poverty – more than 85 million in all – are for the most part women, a situation brought about by unemployment, casual labour, low wages, pensions below the minimum subsistence level, and the widespread difficulties of obtaining access to good public services; whereas, moreover, in the past ten years the number of women in poverty has risen disproportionately to the number of men,
Amendment 86 #
2009/2242(INI)
Motion for a resolution
Article 10
Article 10
10. Points to the need, within Parliament too, for the committees and parliamentary delegations to assign particular importance to equality issues, and to ensure that women are adequately represented in positions of responsibility within these committees and delegations;
Amendment 88 #
2009/2242(INI)
Motion for a resolution
Article 10 a (new)
Article 10 a (new)
10a. Welcomes, in this regard, the ongoing activities of Members of the European Parliament responsible for gender mainstreaming, who are working to ensure that the gender perspective is taken into account in the formulation and development of all policy within their individual committees;
Amendment 123 #
2009/2242(INI)
Motion for a resolution
Article 15
Article 15
15. Advocates policies and measures aimed at eradicating violence against women in every walk of life by promoting the human rights of women, combating gender stereotypes and all forms of discrimination in society and the family, not least in education, training, the media, and politics; maintains that specific policies should serve to educate and to promobe developed which promote gender equality, empower women, and better equalityducate individuals;
Amendment 9 #
2009/2205(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the 2006-2010 Roadmap for equality has served to highlight key aspects ofhighlighted gaps in the achievement of full gender equality, and whereas actuahas, in some cases, driven the gender equality agenda forward, overall progress has been modest,
Amendment 13 #
2009/2205(INI)
Motion for a resolution
Recital E
Recital E
E. whereas gender is a significant factor in ageing as life expectancy is about six years longer for women than for men, with statistics for the EU-27 in 2007 showing men living to 76 years old and women to 82 years old; whereas, contrastingly, Eurostat figures show healthy life expectancy to bethat the gap between the healthy life expectancy of men and women is much narrower: 61.6 years for men and 62.3 years for women,
Amendment 21 #
2009/2205(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises that age discrimination must also be tackled with more effective judicial measuresjudicial measures are a vitally important means of tackling age discrimination, especially in cases of workplace discrimination in working life where specific legislation exists and where, and highlights that support for the individual and investigation of the circumstances are essential; therefore, calls on Member States to ensure that necessary legislation to tackle age and other forms of discrimination is effectively implemented;
Amendment 28 #
2009/2205(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is deeply concerned by the extent to whichthat older migrant women are subject to multiple discrimination, ason they suffer discrimination basis onf the basis ofir age, gender and ethnicity, and calls for positive discrimination measures to combat this;
Amendment 32 #
2009/2205(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes the view that, in order for women to be active for a higher number of paid hours per week in working life, the Member States must support flexible arrangements for working hours, including part-time work, job-sharing etc.; stresses in this context, however, that employment rights of flexible workers must be equal to those of full-time workers; highlights the fact that unemployment among older women’ must be tackled in order to achieve the employment objectives of the EU 2020 Strategy;
Amendment 55 #
2009/2205(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that the quality of care shall be ensured in order to improve the quality of old age and also in order to avoidould be sufficient to ensure the improvement in life quality of older people, and, more importantly, to ensure that the physical, psychological and economic abuse that elderly often suffer from is avoided; considers that Members States should ensure that those employed as carers of older people in the public and private sectors receive training;
Amendment 66 #
2009/2205(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Asks that a gender perspective be used in the medical field in order to make precise diagnoses and to give the neededtaken into account when making medical diagnoses, to ensure that they are precise and that people receive appropriate care; asks that tools for diagnosis not be restricted solely because of a patient’s age, so that screening for breast-cancer and colorectal-cancer as well as cardiovascular screening, for example, should be available to elderly women; asks, in addition, that greater attention be given to the prevention and treatment of diseases to which older women are especially prone, such as osteoporosis;
Amendment 71 #
2009/2099(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to place adequate importance on language learningfor higher education institutions to provide more extra- curricular opportunities to learn other languages, bearing in mind that the acquisition of new languages is vital in order to promote and encourage mobility and exchanges of students, researchers, teachers and business employees;
Amendment 7 #
2008/2118(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Lisbon Strategy aims to ensure that 60% of women able to work are in employment; whereas efforts relating to the demographic challenge seek to promote higher birth rates to meet future requirements; whereas these two public policies target the same pivotal population group of women aged between 18 and 49, who are viewed both as workers and as mothers carrying life and bringing children into the world as well as taking care of the elderlycarers; whereas the different policies now need to be built not just around the professional performance of workers but also around their role in society as human beings,
Amendment 27 #
2008/2118(INI)
Motion for a resolution
Recital C
Recital C
C. whereas non-discrimination based on gender, prima facie and generally, relates not just to women/mothers but also to men/fathers; whereas political action in this field should no longer focus solely on women, and European and national policies should henceforth take into consideration the needs and abilities of men/fathersof men in this area,
Amendment 29 #
2008/2118(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the concept of inter- generational solidarity is not just limited to childcare but also extends to responsibility for the elderly and dependent and to nurturing the human capital of our citizens, particularly of future generations,
Amendment 33 #
2008/2118(INI)
Motion for a resolution
Recital F
Recital F
Amendment 39 #
2008/2118(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the monetisation of non-market informal work carried out by women/mothers and men/fathcarers is more than a question of justice, and economic science now attaches increasing importance to the creation of national wealth by the household economy,
Amendment 46 #
2008/2118(INI)
Motion for a resolution
Recital H
Recital H
H. whereas attention should be drawn to the aforementioned 1995 UNDP Report which notes that if more human activities in the field of non-market informal work devoted to inter-generational solidarity were seen as market transactions in the same way as the prevailing wages, they would yield gigantically large monetary valuations for the work carried out by women/mothers and men/fathers and men; whereas this same report states that if national statistics fully reflected the 'invisible' contribution of women/mothers and men/fathers and men, it would become impossible for policy-makers to ignore them in their decisions on, particularly, policies to reconcile family life and 'formalised' working life,
Amendment 65 #
2008/2118(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the educational role played by women/mothers or men/fathcarers towards future generations and, the elderly and dependent persons is essential for the advancement of the common good and should be recognised as such by cross- cutting policies, including policies for women and men who make a free choice to devote all or part of their time to this activityshould be recognised,
Amendment 78 #
2008/2118(INI)
Motion for a resolution
Recital P
Recital P
P. whereas there is a key role to be played by men/fathers in achieving genuine equality that respects the differences and complementary skills of women and men,
Amendment 84 #
2008/2118(INI)
Motion for a resolution
Recital R
Recital R
R. whereas it is preferable to create thea situation where women/mothers and men/fathers are free how to look after their children, under equal conditions, and public funds allocatedfamilies are free to choose how to looking after youngtheir children should, therefore, be directed towards a single straightforward allowance granted to each household depending on the number of children, which these households could use in whichever way they want: for example, to pay for a place in a crèche, pay for a child minder or compensate one of the parents who stops working, free from politicians' definitions of how these families are structured,
Amendment 103 #
2008/2118(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to talke measures to recognise invisible and informal work in the field of inter- generational solidarity carried out by women/mothers and men/fathcarers at a legal, social and economic level (particularly as regards social security, professional status, earnings and equal opportunities for men and women);
Amendment 117 #
2008/2118(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the public authorities to take the necessary steps to enable women/mothers and men/fathers and men to make better choices as to how they wish to reconcile work and family life;
Amendment 121 #
2008/2118(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to give priority to leave arrangements (parental leave, maternityadoption leave, solidarity leave) applicable to persons wishing to interrupt their careers for the sake of a child or to look after a dependent;
Amendment 38 #
2008/2099(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the "digital divide" is not just a rural issue; highlights the difficulty in fitting some older high-rise buildings with the infrastructure for new networks; underlines the benefit that spectrum can play in overcoming the "digital divide" in both urban and rural areas;
Amendment 68 #
2008/2099(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises the benefit of new technologies, such as WiFi and Bluetooth, that have emerged in the unlicensed 2,4 GHz band; recognises that different frequencies are best suited for different services; believes that allocating a small amount of unlicensed spectrum in other lower frequencies could encourage yet more innovation in new services;
Amendment 71 #
2008/2038(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas responsible advertising can have a positive influence over society's perceptions of such issues as: 'body image', 'gender roles' and 'normality'; whereas advertising can be a strong tool in challenging and tackling stereotypes,
Amendment 95 #
2008/2038(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes with extreme concern the advertising of sexual services, which reinforce stereotypes of women as objects, in publications, such as local newspapers, which are readily visible and available to children;
Amendment 110 #
2008/2038(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Draws attention to the report entitled "Eating Disorders, Body Image and the Media" published in 2000 by the British Medical Association; notes that media portrayals of the ideal body image can adversely effect the self esteem of women, particularly teenagers and those susceptible to eating disorders such anorexia nervosa and bulimia nervosa; recommends that broadcasters, magazine publishers and advertisers should adopt a more responsible editorial attitude towards the depiction of extremely thin women as role models and should portray a more realistic range of body images; calls on advertisers in particular to consider more carefully their use of extremely thin women to advertise products;
Amendment 118 #
2008/2038(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recognises the work that media regulators in some Member States have already done to explore the effects of gender stereotyping and encourages regulators in all Member States to share best practice with regard to these issues;
Amendment 23 #
2008/2034(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the primary right of aevery child ihas the right to live with his or her family, underlines the importance of the father and the mother in the child's developin a secure and loving environment, whatever its age and regardless of the family's socio-economic conditions; calls therefore for families living in extreme poverty to be helped as families in their efforts; calls on the Member States to put an end to putting children in care forits socio- economic reasons and to help parents exercise their parental responsibility in the long-term, even in difficult situations of extreme povertyconditions;
Amendment 29 #
2008/2034(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates its call to Eurostat to develop indicators to measure the success of these policies, in close cooperation with associations experienced in fighting extreme poverty and, particularly with the poorest people themselves, along the lines of the 'interaction of knowledge' programmes, also calls on Eurostat and academic researchers to undertake studies to highlight the fact that the family, and the natural solidarity network between the generations, is the best safeguard against extreme poverty and social exclusion;
Amendment 47 #
2008/2034(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on Member States to ensure that all children, and particularly those in poverty, have the opportunity to participate in social, recreational, sporting and cultural life;
Amendment 48 #
2008/2034(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the European institutions and Member States to recognise that lone parents find themselves at greater risk of poverty and to make particular provision for these types of family;
Amendment 61 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point g a (new)
Article 1 – point 3 – point g a (new)
Regulation (EC) No 717/2007
Article 2 – paragraph 2 – point k a (new)
Article 2 – paragraph 2 – point k a (new)
(ga) The following point (ka) shall be added: "(ka) 'Unlimited data roaming tariff' means a tariff for a regulated data roaming service, excluding MMS messages, where the charge that the home provider levies for the provision of the service is variable without limit in accordance with the volume of that service used by the customer."
Amendment 125 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 1
Article 6a – paragraph 3 – subparagraph 1
3. By 31 JulyDecember 20109 at the latest, theeach home providers shall provide a 'Cut-Off Limit' facility whereby they offer and keep available to all their roaming customers, free of charge, the possibility to specify in advance a maximum financial limit, expressed in the currency in which the roaming customer is billed, for their outstaautomatically provide all of its roaming customers who are subject to an unlimited data roaming tariff, free of charge and expressed in the currency in which the roaming customer is billed, a facility which provides information on the customer's accumulated expenditure on that tariff, and which sets a limit of expenditure on that tariff, including provision for suspending chargesing for regulated data roaming services. To this end, the home provider shall make available to such customers one or more maximum financial limits for specified periods of use. One of these limits shall be close to, but not exceed, 50 EUR (excluding VAT) per one month.
Amendment 143 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 2
Article 6a – paragraph 3 – subparagraph 2
When this Cut-Off Llimit is reached, the home provider shall immediately cease to providcharge the roaming customer withfor regulated data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services.
Amendment 151 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 3
Article 6a – paragraph 3 – subparagraph 3
The home provider shall also ensure that an appropriate warning message is sent to the roaming customer's mobile telephone or other device before one or more intermediate charge limits, agreed between the customer and the home provider in advance, are reachedwhen the customer has spent EUR 25 (excluding VAT). This warning message shall inform the roaming customer thatof the Cut-Off Limit is about to be reached and indicate the procedure to be followed by the customer if he or she wishes to request the continued or renewed provision of those services.
Amendment 156 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 3 a (new)
Article 6a – paragraph 3 – subparagraph 3 a (new)
Any roaming customer may request at any time the removal or reintroduction of an expenditure limit on an unlimited data roaming tariff. The change must be made free of charge within one working day of receipt of the request and shall not result in the imposition of conditions or restrictions pertaining to other elements of the subscription.
Amendment 5 #
2008/0047(COD)
Proposal for a decision
Annex I - section 1 - point 1
Annex I - section 1 - point 1
1. Providing the public with, and promoting the existence of, contact points and hotlines for reporting online illegal content and harmful conduct. Activities should ensure that these contact points are effective and visible for the public, liaise closely with other actions at national level, and cooperate at European level to deal with cross-border issues and to exchange best practice.
Amendment 7 #
2008/0047(COD)
Proposal for a decision
Annex I - section 1 - point 3
Annex I - section 1 - point 3
3. Stimulating application of technical solutions for dealing adequately with illegal content and harmful conduct online and informing end users as to how this technology might be applied. Activities should encourage the development or adaptation of effective technological tools to deal adequately with illegal content and tackle harmful conduct online, for general use by stakeholders. Stakeholders should be informed of the availability of this technology and its proper use.
Amendment 10 #
2008/0047(COD)
Proposal for a decision
Annex I - section 2 - point 4
Annex I - section 2 - point 4
4. Increasing information about adequate tools for dealing with harmful content online. Activities will aim to increase information, particularly to parents, carers and educators, about the performance and effectiveness of tools for dealing with potentially harmful content online and to equip all users with information, instruments and applications adequately supporting them in dealing with harmful content across different platforms.
Amendment 13 #
2008/0047(COD)
Proposal for a decision
Annex I - Section 4 - introduction
Annex I - Section 4 - introduction
The activities will aim to establish a knowledge base for dealing adequately with existing and emerging uses of the online environment and relevant risks and consequences, with a view to designing adequate actions aimed at ensuring online safety for all users. The contents of this knowledge base should be shared with stakeholders and disseminated across Member States. The main overall actions planned to be taken are:
Amendment 14 #
2008/0047(COD)
Proposal for a decision
Annex I - section 4 - point 2
Annex I - section 4 - point 2
2. Providing updated information concerning children’s use of online technologies. Actions will be taken to generate updated information concerning children’s use of online technologies and the way they and their parents and care, carers, teachers and educators deal with both opportunities and risks. The actions will comprise quantitative and qualitative aspects. Actions will also aim to increase the knowledge of children and young people’s own strategies for dealing with risks in the online environment, and assess the effectiveness of these strategies.
Amendment 2 #
2007/2263(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the Constitution of the World Health Organization, which defines health as "'a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity",
Amendment 147 #
2007/2263(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that prostituted women, because they operate outside the law or because they feel stigmatised by society, are less willing to access health services or to be open about their activities which would help their diagnosis and recovery; they are also less willing to access police and other social services that may be available to them;
Amendment 148 #
2007/2263(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recognises that many prostituted women are mothers and that their health directly affects the well-being of their children;
Amendment 149 #
2007/2263(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Notes that homelessness is an issue that affects prostituted women and that it affects their physical and mental health as well as their social well-being;
Amendment 183 #
2007/2263(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Urges the Member States, regardless of whether prostitution is legal, illegal or regulated within a particular State, when dealing with issues surrounding prostitution, to recognise the vulnerability of prostituted women and therefore to make proper provision for their health and welfare;
Amendment 194 #
2007/2263(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges Member States to investigate the levels of alcohol and drug use among prostituted women, since several studies from Canada and Australia show extremely high levels;
Amendment 215 #
2007/2263(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Urges the Member States to investigate levels of homelessness among prostituted women and the extent to which such levels affect their continued involvement in prostitution and increase their exposure to health risks;
Amendment 28 #
2007/2253(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the unrestricted concentration of ownership might jeopardise pluralism and cultural diversity and; whereas in certain markets it is approaching a limit whereby pluralism will no longer, particularly where there is a dominant broadcasting platform, media pluralism may not be automatically guaranteed by free market competition,
Amendment 106 #
2007/2253(INI)
Motion for a resolution
Recital R
Recital R
R. whereas in certain markets the public service media is a dominsignificant player in terms of both quality and market share,
Amendment 123 #
2007/2253(INI)
Motion for a resolution
Recital U
Recital U
Amendment 141 #
2007/2253(INI)
Motion for a resolution
Recital X a (new)
Recital X a (new)
Xa. whereas the Council Resolution of 25 January 1999 (1999/C 30/01) concerning public service broadcasting reiterates the vital role of public service broadcasting for pluralism and reaffirms its important role in bringing to the public the benefits of the new audiovisual and information services and new technology,
Amendment 142 #
2007/2253(INI)
Motion for a resolution
Recital X b (new)
Recital X b (new)
Xb. whereas the UNESCO convention on the protection and promotion of the diversity of cultural expressions attaches considerable importance to the creation of conditions conducive to media diversity,
Amendment 143 #
2007/2253(INI)
Motion for a resolution
Recital X c (new)
Recital X c (new)
Xc. whereas access to a variety of media platforms is essential to media pluralism,
Amendment 222 #
2007/2253(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recommends that the regulations governing state aid are implemented in a way allowing the public service media to fulfil its function in a dynamic environment, while avoiding unfair competition leading to impoverishment of the media landscape, and ensuring that public service media carry out the function entrusted to them by member states in a transparent and accountable manner;
Amendment 151 #
2007/0249(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The structure of the AuthorityBERT should be suitable for the tasks it is to perform. Experience with similar Community authorities provides some guidance in this respect, but tThe structure should be adapted to meet the specific needs of the Community system for the regulation of electronic communications. In particular, the specific role of the national regulatory authorities and their independent natureNRAs and their independent nature, both at national and at European level, needs to be fully addressrespected.
Amendment 185 #
2007/0249(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Consultation of the AuthorityBERT on the definition and analysis of national markets, and on remedies
Amendment 245 #
2007/0249(COD)
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
4. The Administrative BoardBoard of Regulators may adopt provisions to allow national experts from Member States to be employed on secondment at the AuthorityBERT.
Amendment 123 #
2007/0247(COD)
Recital 19 b (new)
(19b) In order to contribute to the fulfilment of the objectives laid down in Article 8a of Directive 2002/21/EC (Framework Directive), a spectrum summit should be convened in 2010, driven by Member States and including the European Parliament, the Commission and all stakeholders. The summit should in particular contribute to ensuring greater consistency in EU spectrum policies.
Amendment 127 #
2007/0247(COD)
Recital 26
(26) Flexibility in spectrum management and access to spectrum should be increased through technology- and service-neutral authorisations to allowlet spectrum users to, choose the best technologies and services to apply in frequency bands available to electronic communications services as identified in national frequency allocation tables and in the ITU Radio Regulations (the "principles of technology and service neutrality"). The administrative determination of technologies and services should apply when general interest objectives are at stake and should be clearly justified and subject to regular periodic review.
Amendment 131 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) Although spectrum management remains within the competence of the Member States, coordination and, where appropriate, harmonisation at Community level can help ensure that spectrum users derive the full benefits of the internal market and that EU interests can be effectively defended world-wide.
Amendment 136 #
2007/0247(COD)
Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point a
Article 8 – paragraph 5 – point a
(a) promoting regulatory predictability by ensuring that regulatory conditions are applied over a sufficient period;
Amendment 171 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 43
Recital 43
(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failure toit would support in achieveing effective non- discrimination in several of the markets concerned, and where there is little or no prospect of infrastructureffective competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.
Amendment 192 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 50
Recital 50
Amendment 199 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 59
Recital 59
(59) Measures necessary for the implementation of the Framework, Access and Authorisation Directives should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. Measures which may have a negative impact on cultural and media policy objectives, as defined by Member States, should not be taken by the European Commission in the form of implementing measures. Or. en Justification
Amendment 279 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2002/21/EC
Article -7a (new)
Article -7a (new)
(6a) The following Article is inserted: "Article -7a Procedure for the consistent application of remedies 1. Where a national regulatory authority intends to take a measure to impose, amend or withdraw an obligation on an operator in application of Article 16 in conjunction with Article 5, Articles 9 to 13 and Articles 13a and 13b of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive), the Commission and the national regulatory authorities in the other Member States shall have a period of one month from the date of notification of the draft measure in which to make comments to the national regulatory authority concerned. 2. If the draft measure concerns the imposition, amendment or withdrawal of an obligation the Commission may, within the same period, notify the national regulatory authority concerned and BERT of the reasons why it considers that the adoption of the draft measure would create a barrier to the single market or why it has serious doubts as to its compatibility with Community law. In such case, the draft measure shall not be adopted for a further two months following the Commission's notification. In the absence of such notification, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any comments made by the Commission or by any other national regulatory authority. 3. Within the two month period referred to in paragraph 2, the Commission, BERT and the national regulatory authority concerned shall cooperate closely with the objective of identifying the most appropriate and effective measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of market participants and the need to ensure the development of consistent regulatory practice. Within the same two month period, BERT shall, acting by a simple majority, issue a reasoned opinion confirming the appropriateness and effectiveness of the draft measure or indicating that the draft measure should be amended and providing specific proposals to that end. This opinion shall be made public. The Commission may, taking utmost account of this opinion, adopt a recommendation that the national regulatory authority concerned amend the draft measure, and may provide specific proposals to that end. The national regulatory authority must take the utmost account of this recommendation. In the event that the national regulatory authority does not follow the recommendation, it shall provide a reasoned explanation for so doing."
Amendment 287 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 1
Article 7a - paragraph 1
1. The Commission may lay down implementing provision, taking utmost account of the opinion of BERT, shall have the power to lay down recommendations and/or guidelines in relation to Article 7 that define the form, content and level of details to be given in the notifications required in accordance with Article 7(3), the circumstances in which notifications would not be required, and the calculation of the time limits.
Amendment 314 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2002/21/EC
Article 8a (new)
Article 8a (new)
Amendment 406 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
Article 9b – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of , provided that such transfer or lease is in accordance withe national regulatory authorityprocedures.
Amendment 550 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point a
Article 1 – point 15 – point a
Directive 2002/21/EC
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Amendment 580 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 17 – point c
Article 1 – point 17 – point c
Directive 2002/21/EC
Article 16 – paragraph 7 – subparagraph 2
Article 16 – paragraph 7 – subparagraph 2
Amendment 624 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 2002/19/EC
Article 2 – point e
Article 2 – point e
(1a) In Article 2, point (e) is replaced by the following: "(e) "local loop" means the physical circuit connecting the network termination point [...] to a distribution frame or equivalent facility in the fixed public electronic communications network, where the connection can technically be accessed."
Amendment 699 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – subparagraph 1 – introductory wording
Article 13a – paragraph 2 – subparagraph 1 – introductory wording
2. When a national regulatory authority intends to impose an obligation for functional separation, it shall submit a requestproposal to the Commission that includes.
Amendment 702 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point a
Article 13a – paragraph 2 – point a
(a) evidence that the imposition of appropriate obligations amongst those identified in Articles 9-13 to achieve effective competition following a co-ordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed and would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems/market failuris measure would constitute the most effective and efficient means of enforcing remedies identified in several of these product marketssigned to address that failure.
Amendment 706 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point b
Article 13a – paragraph 2 – point b
(b) an analysis of the costs and benefits of the measure, including its expected impact on the regulatory authority, on the undertaking, and on its incentives to invest in its network, and on other stakeholders including in particular the expected impact on infrastructure competition and any potential entailing effects onnvestment, competition and consumers;
Amendment 812 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 9a (new)
Article 3 – point 9a (new)
Directive 2002/20/EC
Article 11 – paragraph 1 – subparagraph 1 – point fa (new)
Article 11 – paragraph 1 – subparagraph 1 – point fa (new)
(9a) In Article 11, paragraph 1, subparagraph 1, the following point is added: "(fa) encouraging the efficient use and ensuring the effective management of radio frequencies."
Amendment 826 #
2007/0247(COD)
Proposal for a directive – amending act
Annex I – point 4a (new)
Annex I – point 4a (new)
Directive 2002/20/EC
Annex I – part C – point 1
Annex I – part C – point 1
(4a) In Part C, point 1 is replaced by the following: "1. Designations of service for which the number shall be used, including any requirements linked to the provision of that service and, for the avoidance of doubt, tariff principles and maximum prices that can apply to specific number ranges for the purposes of ensuring consumer protection in accordance with Article 8(4)(b) of Directive 2002/21/EC (Framework Directive)."
Amendment 829 #
2007/0247(COD)
Proposal for a directive – amending act
Annex II
Annex II
Directive 2002/20/EC
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) the method of determining usage fees for the right of use of the radio frequencies, without prejudice to systems defined by Member States where the obligation to pay usage fees is replaced by an obligation to fulfil specific general interest objectives;
Amendment 276 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2003/55/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 280 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 10 – point (c)
Article 1 – point 10 – point (c)
Directive 2003/55/EC
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the distribution system operator is part of a vertically integrated undertaking, Member Statnational regulatory authorities shall ensure that the activities of the distribution system operator is monitored so that it cannot take advantage of its vertical integration to distort competition. In particular, vertically integrated distribution system operators shall not, in their communication and branding, create confusion in respect of the separate identity of the supply branch of the vertically integrated undertaking.
Amendment 421 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (o a) (new)
Article 24c – paragraph 1 – point (o a) (new)
"(oa) fixing or approving network access tariffs and publishing the methodology used to set the tariffs;"
Amendment 481 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 6
Article 24c – paragraph 6
6. Regulatory authorities shall have the authority to require transmission, storage, LNG and distribution system operators, if necessary, to modify the terms and conditions, including tariffs referred to in this Article, to ensure that they are proportionate and applied in a non- discriminatory manner. In the event of delay regarding the setting of transmission, storage, LNG and distribution tariffs, national regulatory authorities shall have the power to set transmission and distribution tariffs on a preliminary basis and to decide on the appropriate compensatory measures if the final tariffs deviate from the provisional ones.
Amendment 487 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 12
Article 24c – paragraph 12
12. Decisions taken by regulatory authorities shall be duly reasoned and motivated.
Amendment 196 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 2 d (new)
Article 1 – point 2 d (new)
Directive 2003/54/EC
Article –5 - a (new)
Article –5 - a (new)
(2d) The following Article shall be inserted: "Article 5 -a National regulatory authorities shall ensure that technical operational criteria are defined and that technical rules establishing adequate reliability and security levels and operational requirements for the operation of generating installations, distribution systems, directly connected consumers' equipment, interconnector circuits and direct lines are developed and made public. These technical rules shall ensure the interoperability of systems and shall be objective and non-discriminatory. Where the Agency considers that harmonisation of these rules is required, it shall make appropriate recommendations to the respective national regulatory authorities."
Amendment 550 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 14 e (new)
Article 1 – point 14 e (new)
Directive 2003/54/EC
Annex A – point (d)
Annex A – point (d)