2245 Amendments of Sari ESSAYAH
Amendment 195 #
2013/2945(RSP)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Commends the decision by the Assembly of Foundations to return the lands of the historic Mor Gabriel Monastery to the Syriac community in Turkey, in compliance with the pledge taken by the Government in the Democratisation package; stresses the importance of continuing with efforts to return the property of other minority religious communities and protect property rights, and in particular to continue the process of reform in the area of freedom of thought, conscience and religion by enabling religious communities to obtain legal personality, by eliminating all restrictions on the training, appointment and succession of clergy, such as the restriction that the Patriarch of Constantinople has to be a Turkish national, by complying with the relevant judgments of the ECtHR and the recommendations of the Venice Commission and by eliminating all forms of discrimination or barriers based on religion; notes that progress has been particularly slow in extending the rights of the Alevi minority; underlines the importance of lifting all obstacles to a speedy reopening of the Halki Seminary;
Amendment 5 #
2013/2277(INI)
Draft opinion
Recital A
Recital A
A. whereas the economic crisis and the economic adjustment programme measures adopted in response to it in Greece (May 2010 and March 2012), Ireland (December 2010), Portugal (May 2011) and Cyprus (June 2013) have had a direct and indirect impact on employment levels and dire consequences for the social situation; whereas, although all the programmes were formally signed by the Commission, they were designed, and their conditionality determined, jointly by the IMF, the Eurogroup, the European Central Bank (ECB), the Member State concerned and the Commission;
Amendment 32 #
2013/2277(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that, quite clearly, without the economic adjustment programmes the social impact of the crisis would have been far worse than it is at present and that the EU institutions (the ECB, the Commission and the Eurogroup) are fully co-responsible for the conditions imposed under the economic adjustment programmes, and therefore for their social consequences in comparison with the consequences without economic adjustment programmes;
Amendment 42 #
2013/2277(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the fact that those programmes were designed without anysufficient assessment of the consequences by means of impact studies or coordination with the Employment Committee, the Social Protection Committee, the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) or the Commissioner for Employment and Social Affairs; regrets, too, the fact that, despite the important social implications, the consultative bodies established by Treaty, in particular the European Economic and Social Committee (EESC) and the Committee of the Regions (CoR), were not consulted;
Amendment 61 #
2013/2277(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the economic crisis and the adjustment policies and structural reforms deemed necessary to remedy it in the four countries have led to dramatic unemployment rates, historically high rates of job losses and worsening working conditions; points out that the consequences for activity rates, in particular as regards the sustainability of social protection and pension systems, are even more serious because the gap between the Europe 2020 targets and reality is rapidly growing ever wider;
Amendment 83 #
2013/2277(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it has been necessary to provide financial assistance because the Member States in question were obtaining loans from the market only at extremely high interest rates and whereas the total amount of financial assistance in the four programmes is unprecedented, as are the duration and shape of the programmes, leading to an unusual situation where the assistance has almost exclusively replaced the usual financing provided by the markets;
Amendment 97 #
2013/2277(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Warns that, if not remediedunless the economic situation is remedied by means of the economic adjustment programmes, these huge divergences, especially in the case of the younger generation, will result in structural damage to the labour market of the four countries, limit their capacity for recovery, provoke massive forced migration with tremendous brain-drain effects and increase the persistent divergences between Member States supplying employment and those supplying a low-cost workforce;
Amendment 108 #
2013/2277(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Recalls that the Europe 2020 strategy accurately states that the figure to watch is the employment rate, which indicates the availability of human and financial resources to ensure the sustainability of our economic and social model; regrets that the slowdown in the unemployment rate is confused with the recovery of jobs lost; observes that the decline in industrial employment was already a problem long before the economic crisis and recalls that in the last four years job losses have reached 2 million in the four countries, which is 15% of existing jobs;
Amendment 120 #
2013/2277(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Is concerned that, among the conditions for financial assistance, the programmes include recommendations for specific cuts in fundamental areas of the fight against poverty, such as pensions, basic services, health care and pharmaceutical products for the basic protection of the most vulnerable; highlights the factfears that the main impact of these measure economic crisis is on the fight against child poverty;
Amendment 156 #
2013/2277(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. having regard to those exceptional measures to provide assistance to programme countries which the European Central Bank has taken and also the assistance provided through the Target system to the banks of programme countries and the ECB’s role as a technical adviser in the Troika;
Amendment 172 #
2013/2277(INI)
Draft opinion
Paragraph 18
Paragraph 18
18. Regrets the fact that the programmes imposed on the four countries allow firms to opt out of collective bargaining agreements and to review sectoral wage agreements directly affecting the structure and values of collective bargaining arrangements set out in the respective national constitutions; notes that this resulted in a request by the ILO Expert Committee, in the case of Greece, to re- establish social dialogue, and, in the case of Portugal, for the Constitutional Court to annul certain legislative measures; stresses that this despicable situation is the consequence of having limited structural reforms involving only the deregulation of labour relations and wage cuts at any cost, which is in clear contradiction with the EU’s general objectives and the policies of the Europe 2020 strategy at times of normal economic development;
Amendment 182 #
2013/2277(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Observes that in many countries general causes of the debt problems of the public and private sectors were the large disparities in surpluses and deficits between countries and the granting of loans by banks in countries in surplus to banks in deficit countries and to Member States and hence to citizens and businesses primarily for purposes of consumption rather than productive investment and rapid wage rises in deficit countries;
Amendment 183 #
2013/2277(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that sooner or later living on credit always hits a wall, after which it is difficult to obtain further credit if lenders lose confidence in the creditor’s ability to repay the debt;
Amendment 184 #
2013/2277(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Observes that an attempt has been made to solve structural problems of the euro area by tightening up the Stability and Growth Pact, because it had not been complied with strictly enough before the economic crisis; observes that, according to the so-called six-pack and two-pack legislative packages, Member States are required to reduce their debt burdens each year by 1/20th of the amount by which they exceed 60% of GDP and considers that the legislation should be complied with, but that it will be difficult if economic growth is slow and debt exceeds 100% of GDP, and notes that programme countries in particular will encounter major difficulties with this stipulation;
Amendment 188 #
2013/2277(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Calls on the Commission to carry out a detailed study of the social and economic consequences of the adjustment programmeseconomic crisis and the adjustment programmes carried out in response to it in the four countries in order to provide a precise understanding of both the short-term and long-term damage to the social protection systems, with particular regard to the fight against poverty, the maintaining of good social dialogue and the balance between flexibility and security in labour relations; calls on the Commission to use its consultative bodies when drafting this study, as well as the Employment Committee and the Social Protection Committee; suggests that the EESC be asked to draft a specific report;
Amendment 198 #
2013/2277(INI)
Draft opinion
Paragraph 20
Paragraph 20
20. Calls on the Commission to ask the ILO and the Council of Europe to draft reports on possible corrective measures and incentives, their funding and the sustainability of public finances, to ensure full compliance with the European Social Charter and the Protocol thereto and with the ILO Core Conventions, since the obligations deriving from them have been affected by the economic crisis and the budgetary adjustment measures and the structural reforms requested by the Troika in order to remedy it;
Amendment 209 #
2013/2277(INI)
Draft opinion
Paragraph 21
Paragraph 21
21. Calls on the EU to provide support, after the assessment, including through financial resources where appropriate, for order to restore the economies of the countries concerned to such a condition that they can themselves fund the recovery of social protection standards and of, the fight against poverty reduction and the renewal of social dialogue through a social recovery plan; calls on the Commission, the ECB and the Eurogroup to phase out the exceptional measures that have been put in place once the economy of the programme country has been placed on a sound footing;
Amendment 219 #
2013/2277(INI)
Draft opinion
Paragraph 23
Paragraph 23
23. Calls on the EU not to apply such institutional and financial solutions in future, and to put in place mechanismto take responsibility for implementing measures enabling the EU institutionMember States to achieve the social goals and policies set out in the Treaties, in particular those relating to the individual and collective rights of those at greatest risk of social exclusion;
Amendment 223 #
2013/2277(INI)
Draft opinion
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Council to give the same attention to social imbalances, and to correcting them, as it does to macroeconomic imbalances, and to that end to put EPSCO and its priorities on an equal footing with ECOFIN and the Eurogroup so as to place the public finances of the Member States on a sustainable footing and put an end to their living on credit;
Amendment 312 #
2013/2277(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. RegretConsiders the lack of transparency in the MoU negotiations to be understandable; notes the necessity to evaluate whether formal documents were clearly communicated in due time to the national parliaments and the European Parliament; further notes the possible negative impact of such practices which involve keeping information behind closed doors on citizens’ rights and the political situation within the countries concerned;
Amendment 332 #
2013/2277(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores that recommendations contained in MoUs mark a departure from the thinking initiated by the Lisbon strategy and the Europe 2020 strategies); points out however that this can be partly explained, even if not fully justified, by the fact by the fact that the economic recession eliminated opportunities to attain the objectives of these strategies and that programmes had to be implemented under considerable time pressure in a difficult political environment;
Amendment 347 #
2013/2277(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets that the programmes for Greece, Ireland and Portugal are not balanced in that they comprise a number of detailed prescriptions for health systems reform and expenditure cuts; regrets that the programmes are not bound by the Charter of Fundamental Rights of the European Union and the Treaties, including Art. 168(7) TFEU but not to the same extent or sufficiently, for example, concerning defence expenditure; considers that in an emergency it must be possible for all problems in national systems to be examined and remedied;
Amendment 375 #
2013/2277(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Deplores the fact that the measures implemented in those four countries have not distributed the burden sufficiently, in such a way as to require the rich to pay relatively more while the poor are more protected, but on the contrary many rich people have removed their property from the reach of the measures, and that since 2008 the income distribution inequality has grown above average in the four countries and that cuts in social benefits and rising unemployment are raising poverty levels;
Amendment 425 #
2013/2277(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the end of the programme for Ireland and the expected end of the programme for Portugal; regrets the lack ofinadequate progress in Greece despite unprecedented reforms having been undertaken in some respects;
Amendment 443 #
2013/2277(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that adequate economic models are necessary in order to produce credible and efficient adjustment programmes and that no such adequate economic model with adequate country- specific indicators, designed to calculate the impact of major changes, was available; deplores that adequate statistics and information were not always available; points out that in Greece large- scale fraud was happening in this respect in the years preceding the setting up of the programme;
Amendment 472 #
2013/2277(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that financial assistance achieved in the short run the avoidance of a disorderly default on sovereign debt that would have had extremely severe economic and social consequences, as well as spill-over effects for other countries of an incalculable magnitude, and possibly the forced exit of countries from the euro area; further notes that there is no guarantee this will be avoided in the long run; also notes that the financial assistance and adjustment programme in Greece have not prevented an orderly default nor contagion of the crisis to other Member States; deplores the economic and social downturn which became evident when the economic crisis arose and the fiscal and macroeconomic corrections in response to it were put into place;
Amendment 487 #
2013/2277(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Deplores however the sometimes over- optimistic assumptions made by the Troika, especially as far as growth is concerned, but also the insufficient recognition of political resistance to change in some Member States, which admittedly is difficult to assess in advance; deplores the fact that this also affected the Troika’s analysis of the interplay between fiscal consolidation and growth; notes that, as a result of political opposition and the poor implementation of the measures, fiscal targets could not be fulfilled;
Amendment 534 #
2013/2277(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Points out that while the IMF’s stated objective in its assistance operations within the frame of the Troika is internal devaluation, which indeed was the correct objective given that external devaluation was not possible, the Commission has never clearly endorsed this objective; notes that the objective emphasised by the Commission in all four programme countries under enquiry has rather been fiscal consolidation, which naturally entails the objective of internal devaluation;
Amendment 551 #
2013/2277(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that too little attention has been given to alleviating the negative impact of adjustment strategies in the programme countries in the sense that the distribution of burdens between the poor and the rich has not been balanced;
Amendment 561 #
2013/2277(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that national-level ownership is important, and that failure to implement agreed measures has consequences in terms of the expected results, and notes that in many of the programme countries there was no national consensus and ownership of the corrective measures, which is of course difficult to achieve initially but which should come about under the pressure of the situation, and that serious dissension and unrest hampered the stabilisation of the economic situation;
Amendment 571 #
2013/2277(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Observes that, pursuant to Article 125(1) TFEU, the Union or a Member State thereof is not liable for the Member States’ commitments, and that the original purpose of this provision was to compel the Member States to adhere to a strict economic policy, because they cannot expect anyone to come to their rescue; observes that rescue measures have nonetheless been taken, as a consequence of which citizens’ confidence in the legality of measures has been shaken, and that the mandates of the Commission and the ECB have been difficult to understand;
Amendment 670 #
2013/2277(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points to the generally weak democratic accountability of the Troika in programme countries at national level and the fact that national decision-makers in the programme countries acted in response to the threat that their economy might collapse and were in practice compelled to approve many conditions imposed by those providing assistance, although they indeed bear democratic responsibility for approving them, and that elected representatives were likewise accountable to their electorates in the parliaments of the countries providing the funding; notes however that this democratic accountability varies between countries, depending on the will of national executives;
Amendment 723 #
2013/2277(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Reiterates its call for all decisions related to the strengthening of the EMU to be taken on the basis of the Treaty on European Union; takes the view that any departure from the Community method and increased use of intergovernmental agreements would divide and weaken the Union, including the euro area;
Amendment 775 #
2013/2277(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. StresseConsiders that the ESM should evolve towards Community-method management as provided for in the ESM Treaty and demands that the ESM be made accountable to the European Parliament including with respect to decisions to grreport on its activity to the European Parliament more frequently, so that Members of the European Parliament cant financial assistance, in order to exert democratic accountability over the ESMollow and comment on its decisions;
Amendment 791 #
2013/2277(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Urges that in the short run consideration should be given to amendESM Treaty be adhered to strictly, so that the public ing the ESM Treaty in order to allow standard decisions to be taken by a qualified majority rather than by unanimity, and to allow for precautionary assistance to be givenMember States providing assistance do not become uncertain about the validity of agreements entered into;
Amendment 803 #
2013/2277(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls for the involvement of social partners as discussion partners in the design and implementation of adjustment programmes, current and future;
Amendment 816 #
2013/2277(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Demands that the Troika constantly take stock of the current debate on fiscal multipliers and consider the revision of MoUs on theimplementation of MoUs and the success of the economic policies basised ofn the latest empirical resultm, as well as possible needs for changes;
Amendment 862 #
2013/2277(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for a reassessment of the decision-making process of the Eurogroup, amending MoUs with the Member States receiving EU-IMF financial assistance to include appropriate democratic accountability at both national and European levels; calls for European guidelines to be established in order to ensure appropriate democratic control on the implementation of measures at national level;
Amendment 873 #
2013/2277(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 2 #
2013/2177(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the current crisis has resulted in global overproduction of steel, but in 2050 the use of steel and other basic metals is expected to be two or three times the present level, and the European steel industry needs to survive this "valley of death" in the coming years, invest and improve its competitiveness;
Amendment 3 #
2013/2177(INI)
Draft opinion
Recital A
Recital A
A. whereas constant restructuring in the sector, reflecting in part a management focus on profit at the expense of investment and wages, reduced the workforce from 1 million in 1970 to 369 000 in 2012, with a devastnegatingve impact on employment levels across whole regions and during the current economic crisis since 2008 the steel industry has cut production capacities permanently or temporarily, shedding over 60.000 jobs and whereas this cutting of production is continuing rapidly while in practice EU is exporting its production capacity and increasing imports;
Amendment 9 #
2013/2177(INI)
Draft opinion
Recital A (c) (new)
Recital A (c) (new)
Ac. whereas the steel industry, especially special steels, is fully global and Europe faces severe competition from third countries while the production costs in the EU are higher due to unilateral cost burdens inside the EU caused mainly by EU energy and climate policies leading to a situation where gas prices in the EU are three to four times and electricity prices double those in the US;
Amendment 14 #
2013/2177(INI)
Draft opinion
Recital A (h) (new)
Recital A (h) (new)
Ah. whereas in the ETS, according to Eurofer, the benchmarks for hot metal and coke are set about 10% below best performance, the cross-sectoral correction factor cuts free allocation by 17,5% in 2020, which adds up to an average shortage of 21,6% over the years 2013- 2020 for even the most efficient installation in the EU; whereas, furthermore, the current directive phases out free allocation from 25% of the benchmarks decreasing linearly to 0% in 2027 and whereas the realistic potential for CO2 reduction is only about 15% until 2050;
Amendment 16 #
2013/2177(INI)
Draft opinion
Recital A (j) (new)
Recital A (j) (new)
Aj. whereas the EU steel industry is dependent on import of raw materials, while 40% of global industrial raw materials face export restrictions and Europe is exporting large quantities of scrap steel when many countries restrict its export;
Amendment 21 #
2013/2177(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. IWelcomes the Action Plan and its proposals, and is convinced that one has to tackle the root causes of jobs reduction, but is concerned at the lack of ambition and concreteness in the action plan for the steel industry in Europe; calls urgently for a strategy that draws on all the European Union policy tools, including for employment and training, and a precise roadmap with precise timelines for the implementation of the Action Plan;
Amendment 26 #
2013/2177(INI)
Motion for a resolution
Recital H
Recital H
H. whereas more steel scrap is exported from the EU than is imported into it, and the EU thus loses an important volume of valuable secondary raw material; whereas EU steel industry is dependent on import of raw materials, while 40% of global industrial raw materials face export restrictions, and Europe is exporting lots of scrap steel when many countries restrict its export;
Amendment 28 #
2013/2177(INI)
Draft opinion
Paragraph 1 (c) (new)
Paragraph 1 (c) (new)
1c. Is of the opinion that healthy economic growth is a prerequisite to boosting demand for steel but also that major infrastructure projects would be of benefit in order to encourage demand and foster employment;
Amendment 30 #
2013/2177(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the current crisis has resulted in global overproduction of steel, but in 2050 the use of steel and other basic metals is expected to be twice or thrice the present, and European steel industry needs to survive this ‘valley of death’ during the next years, invest and improve its competitiveness;
Amendment 31 #
2013/2177(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for State aid rules to be revised tothe promoteion of productive investment, employment and training, to encourage the involvement of employees' representatives in management and decision-making and to introduce the option of public takeovers in crisis situations but agrees with the European Economic and Social Committee report CESE 1431/2004 that "past experience with the restructuring of the European steel industry shows that state aid to companies is a two-edged sword: it only benefits particular companies and results in misallocation, as uneconomic production capacity is kept in business over the medium term", therefore aid should be limited to alleviate social hardship, support R&D on innovative steel products and production processes, and to remove unilateral cost burdens in the EU which competitors outside the EU do not have;
Amendment 31 #
2013/2177(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas steel industry, especially special steels, is fully global and Europe faces severe competition from third countries while the production costs in the EU are higher due to unilateral cost burdens inside the EU caused mainly by EU energy and climate policies leading to a situation where gas prices in the EU are three to four times, and electricity prices double of those in the US;
Amendment 33 #
2013/2177(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas in the ETS according to Eurofer the benchmarks for hot metal and coke are set about 10% below best performance, the cross-sectoral correction factor cuts free allocation by 17,5% in 2020, which adds up to an average shortage of 21,6% over the years 2013- 2020 for even the most efficient installation in the EU. Furthermore the current directive phases out free allocation from 25% of the benchmarks decreasing linearly to 0% in 2027, and whereas the realistic potential for CO2 reduction is only about 15% until 2050;
Amendment 34 #
2013/2177(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s action plan for the steel industry in Europe as an important element to prevent the further relocation of steel production outside of Europe, but is concerned at the lack of ambition and concreteness in the action plan for the steel industry in Europe; calls urgently for a strategy that draws on all the European Union policy tools, including for employment and training, and a precise roadmap with precise timelines for the implementation of the Action Plan;
Amendment 38 #
2013/2177(INI)
Draft opinion
Paragraph 2 (c) (new)
Paragraph 2 (c) (new)
2c. Is of the opinion that EU funds should not be used to maintain business activities of certain installations, as this would distort competition between steelmakers in the EU, but only to mitigate the impact of closures or downsizing on the workers affected and promotion of youth employment in the sector;
Amendment 40 #
2013/2177(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Endorses the principle that ongoing social dialogue with workers' representatives should be a requirement; calls for ambitious EU-level arrangements for keeping workers informed and consulting them, and for works councils to be given more rights and responsibilitiesgreater cooperation between employers and workers representatives at all levels (EU, national, local and company levels), for the implementation of the Action Plan;
Amendment 49 #
2013/2177(INI)
Draft opinion
Paragraph 3 (e) (new)
Paragraph 3 (e) (new)
3e. Stresses that the Commission should address more concretely and in detail the issue of carbon leakage and that the 2030 climate and energy policy targets must be technically and economically feasible for EU industries and best performers should have no direct or indirect additional costs resulting from climate policies; further stresses that the provisions for carbon leakage should provide 100% free allocation of technically achievable benchmarks with no reduction factor for carbon leakage sectors, thus avoiding the situation where according to Eurofer by 2020 the EU steel industry receives only 62% of the emission allowances needed;
Amendment 52 #
2013/2177(INI)
Draft opinion
Paragraph 3 (h) (new)
Paragraph 3 (h) (new)
3h. Notes that energy prices in the EU have sharply increased in recent years, resulting in a marked deterioration in the competitiveness of EU industry on a global field and agrees with the Commission's promise to step up efforts to decrease the gap of energy prices and costs between EU industry and its main competitors and considers that the Commission should, within 12 months, come up with concrete proposals to this effect;
Amendment 54 #
2013/2177(INI)
Draft opinion
Paragraph 3 (j) (new)
Paragraph 3 (j) (new)
3j. Notes that ETS benefits electricity producers who can carry the extra cost to the electricity prices paid by their customers but the steel sector in global markets cannot increase prices, thus employment opportunities are being exported; considers the Commission proposals on compensating the increased electricity prices to be well-meant, but since the Member States face financial difficulties, the compensation should come from the European level, from a European Fund under the Commission, if ETS is to be continued;
Amendment 55 #
2013/2177(INI)
Draft opinion
Paragraph 3 (k) (new)
Paragraph 3 (k) (new)
3k. Calls for measures to tackle unfair trading practices and the breach of WTO rules as the global overproduction of steels has led to protectionism, direct or indirect state aid and dumping of the surplus steel to the European markets;
Amendment 56 #
2013/2177(INI)
Draft opinion
Paragraph 3 (l) (new)
Paragraph 3 (l) (new)
3l. Stresses that all Commission departments, including DG Competition, DG Climate action and DG Environment, need to work together towards saving EU steel industries to avoid conflicting counterproductive measures ( CSCF, backloading, hindering necessary consolidation, etc.), which lead to increased steel imports and increased global CO2 emissions;
Amendment 62 #
2013/2177(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of EU support for training and employment in industrial transition processes; calls for such support to be kept in place and for its use to be monitored; to improve planning and management of change by promoting trading, upgrading skills and supporting retraining; is worried about the lack of systematic solutions to the generational change and the future skills shortages, loss of know-how and competences, and stresses the need to retain the workforce and skills, which are vital for the future;
Amendment 66 #
2013/2177(INI)
Draft opinion
Paragraph 4 (c) (new)
Paragraph 4 (c) (new)
4c. Considers it necessary to remove scrap metal management from the general rules of waste management and to reduce the bureaucracy in the scrap metal trade;
Amendment 67 #
2013/2177(INI)
Draft opinion
Paragraph 4 (d) (new)
Paragraph 4 (d) (new)
4d. Welcomes the Commission proposal to include metallurgical coke in the list of critical raw materials and notes that, from the point of view of the European production of stainless steel, the availability of nickel and chromium, scrap steel and certain other substances is also critical;
Amendment 67 #
2013/2177(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the implementation of the Action Plan should also focus on the short- term impact of the economic crisis on the sector’s workforce, and calls on the Commission to closely monitor capacity reductions and plant closures in Europe; is of the opinion that EU funds should not be used to maintain business activities of certain installations as this would distort competition between steelmakers in the EU, but only to mitigate the impact of closures or downsizing on the workers affected and promotion of youth employment in the sector;
Amendment 68 #
2013/2177(INI)
Draft opinion
Paragraph 4 (e) (new)
Paragraph 4 (e) (new)
4e. Considers it necessary to separate metallurgical coke from fossil fuels and thus from the ETS, because it cannot at present be replaced by other fuels;
Amendment 69 #
2013/2177(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for account to be taken inof the new European strategy on health and safety at work, and in policy documents on pensions, of the arduous nature of and other social benefits for the workers in the steel sector.
Amendment 75 #
2013/2177(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. ACalls to promote productive investment, employment and training but agrees with the European Economic and Social Committee report CESE 1431/2004 that ‘past experience with the restructuring of the European steel industry shows that state aid to companies is a two-edged sword: it only benefits particular companies and results in misallocation, as uneconomic production capacity is kept in business over the medium term’, therefore aid should be limited to alleviate social hardship, support R&D on innovative steel products and production processes, and to remove unilateral cost burdens in the EU which competitors outside the EU do not have; asks the Commission to immediately and fully deploy EU funding to reduce the social impact of industrial restructuring;
Amendment 80 #
2013/2177(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of EU support for training and employment in industrial transition processes; calls for such support to be kept in place and for its use to be monitored; to improve planning and management of change by promoting training, upgrading skills and supporting retraining; is worried about the lack of systematic solutions to the generational change and the future skills shortages, loss of know-how and competences, and stresses the need to retain the workforce and the skills vital for the future;
Amendment 93 #
2013/2177(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that the Commission should more concretely and in detail address the issue of carbon leakage, and that the 2030 climate and energy policy targets must be technically and economically feasible for EU industries and best performers should have no direct or indirect additional costs resulting from climate policies, the provisions for carbon leakage should provide 100% free allocation of technically achievable benchmarks with no reduction factor for carbon leakage sectors, thus avoiding the situation where according to Eurofer by 2020 the EU steel industry receives only 62% of the emission allowances needed;
Amendment 96 #
2013/2177(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that energy prices in the EU have sharply increased in the recent years resulting in a marked competitiveness deterioration of the EU industry on a global field and agrees with the Commission promise to step up efforts to decrease the gap of energy prices and costs between the EU industry and its main competitors and considers that the Commission should come up within 12 months with concrete proposals to the effect;
Amendment 98 #
2013/2177(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Notes that ETS benefits electricity producers who can carry the extra cost to the electricity prices paid by their customers, but the steel sector in global markets cannot increase prices, thus employment opportunities are being exported, considers the Commission proposals on compensating the increased electricity prices to be well-meaning, but since the Member States face financial difficulties, the compensation should come from the European level, from an European Fund under the Commission, if ETS is to be continued;
Amendment 112 #
2013/2177(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that all the departments of the Commission, including DG Competition, DG Climate action and DG Environment, need to work together towards saving EU steel industries to avoid conflicting counterproductive measures ( CSCF, backloading, hindering necessary consolidation etc.) which lead to increased steel imports and increased global CO2 emissions;
Amendment 121 #
2013/2177(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that producing steel from scrap reduces energy inputs by 75 % and raw material inputs by 80 %; urges the Commission to ensure the efficient operation of the European steel scrap market; encourages the maximal use of scrap as a way to ensure access to raw materials, mitigate energy dependency, decrease emissions, and work towards a circular economy; supports the Commission’s initiative of inspecting and controlling waste shipments to avoid illegal exports of scrap; considers it necessary to remove scrap metal management from the general rules of waste management and to reduce the bureaucracy in the scrap metal trade;
Amendment 150 #
2013/2177(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls to tackle unfair trading practices and breaking of WTO rules as the global overproduction of steels has led to protectionism, direct or indirect state aid and dumping of the surplus steel to the European markets; calls on the Commission to fight unfair competition from third countries, using the appropriate measures at its disposal in a proportionate and effective way;
Amendment 153 #
2013/2177(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Encourages the Commission to implement the measures proposed to ensure access to coking coal; considers it necessary to separate metallurgical coke from fossil fuels and thus from the ETS, because it cannot at present be replaced by other fuels, welcomes the Commission proposal to include metallurgical coke into the list of critical raw materials, and notes that from the point of view of the European production of stainless steel also availability of nickel and chromium, scrap steel and certain other substances are critical;
Amendment 7 #
2013/2175(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that the long-term financing of the European economy should serve the public interest and be guided, among other things, by objectives that promote social cohesion, social justice and equal treatment, rather than focus solely on economic and financial parameters; highlights, in this connection,; highlights the fact that the potential added value of long-term financing for the public interest cannot merely be measured in economic terms and calls for objective indicators to measure the achievement of public interest;
Amendment 14 #
2013/2175(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to ensure that long- term financing benefits not only investors and shareholders, but also workers, undertakings and consumerspublic interest as a whole;
Amendment 19 #
2013/2175(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Warmly welcomes the focus on productive capital as opposed to financial capital; asks the Commission to encourage long-term investment in those areas that are capable of generating the greatest positive social externalities and of helping to achieve the goals of the Europe 2020 strategy, but are not receiving an appropriate level of financing, such as large infrastructure projects and SMEs, and to exclude unproductive areas, such as real estate, except for social housing, in order to prevent new unproductive bubbles from emerging;
Amendment 3 #
2013/2174(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the situation in the EU insurance market is heterogeneous because Member States are exposed to different risks and natural catastrophes and the predictability of a natural catastrophe depends on different factors (meteorological, geographhydrological, geophysical, etc.);
Amendment 8 #
2013/2174(INI)
Motion for a resolution
Recital D
Recital D
D. whereas storm surges, forest fires, river floods and flash floods are among the main natural catastrophe risks faced by Europe and, even if their incidence is increasing rapidly, it is still impossible to estimate their increasing effects in terms of damages and costs;
Amendment 9 #
2013/2174(INI)
Motion for a resolution
Recital E
Recital E
E. whereas citizens are often not aware of the various risks potentially arising from weather events, or else both as individuals and communities tend to underestimate the risks of natural catastrophes as well as the consequences of lack of preparation;
Amendment 10 #
2013/2174(INI)
Motion for a resolution
Recital F
Recital F
F. whereas on the one hand natural catastrophes depend on meteorological and geographical elements, geophysical and hydrological elements, which may be affected by climate change, while on the other man-made disasters are due to incorrect behaviour or bad risk management;
Amendment 15 #
2013/2174(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the market in natural catastrophe insurance is affected by the extent of preventive measures in the form of adaptation to climate change (e.g. creation of flood defences or fast detection and reaction capacities against forest fires), while the market in man-made disaster insurance aims to meet liability requirements imposed by safety standards;
Amendment 19 #
2013/2174(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that prevention is the most important factor in terms of protecting people and avoiding losses caused by unexpected events; notes the role of the EU in developing a more responsible society which gives enough thought and resources to precautionary measures and creating a culture of prevention enhancing citizens' awareness of both natural and man-made risks;
Amendment 20 #
2013/2174(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that more research willmay yield a detailed framework of different situations with regard to understanding and preventing environmental risks and reducing uncertainty in this field; welcomes partnerships between insurance companies and research institutes aimed at pooling resources, skills and risk expertise in order to better prepare citizens tounderstand the issues involved and provide materials for information campaigns thus preparing citizens and their communities to better face risks related to natural catastrophes;
Amendment 24 #
2013/2174(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that the EU can provide visible added value by supporting responsible individual behaviour, and welcomes the support of campaigns aimed at improving citizens' awareness of the risks of natural catastrophes and knowledge of geography and climate and by sharing best practices on risk prevention and mitigation amongst Member States and regionally;
Amendment 26 #
2013/2174(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that the involvement of local authorities and stakeholders in decisions concerning city planning and urban development could improve natural catastrophe management; believes that closer cooperation between public and private sectors could help Member States and local authorities to identify high-risk areas and, decide on measures for adaptation to changepreventive measures and prepare for coordinated action;
Amendment 30 #
2013/2174(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites the Member States to share best practices and experiences with a view to protecting citizens from unexpected events and developing a network for information exchange, to include management at cross-border leveland to agree on cross-border coordination and management;
Amendment 35 #
2013/2174(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that in most Member States there is some form of insurance-based system for floods and other natural damages. The system can be supplemented with state fund's compensation of those assets which cannot be privately insured. State funds may also compensate insurance claims exceeding the maximum amounts or otherwise exceptionally heavy damage. In addition, a Member State may participate in the compensation for damages by providing reinsurance. These systems, however, differ in many respects, and it may not be prudent or necessary to unify them.
Amendment 38 #
2013/2174(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that Regulation (EC) No 2012/2002 establishing the European Union Solidarity Fund is the basis for Community action in cases of major disasters and the Regulation notes clearly that "Community action should not relieve third parties of their responsibility who, under the 'polluter-pays' principle, are liable in the first instance for the damage caused by them, or discourage preventive measures at both Member State and Community level."
Amendment 41 #
2013/2174(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Commission to guarantee easy access to scientific information, including through comparative statistics, and the Member States to publish clear and precise data to support decision- making by consumers, communities and companies when taking out natural catastrophe insurance; considers that the introduction of standard formats based on different classifications of events could be useful;
Amendment 46 #
2013/2174(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that natural catastrophes affect both private households and business activities, and encourages insurance companies to offer affordable coverage and to propose economic incentives to encourage citizens to take out insurance to protect their property in case of damage; invites insurance companies to devise incentives responding to insurance needs in terms of environmental liability, e.g. for enterprises in the gasmining, gas, chemical or the nuclear sector;
Amendment 52 #
2013/2174(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recognises the need for consumers to understand what type of coverage they have and how it would operate when risks materialise; points out that consumers need to be fully informed of all terms and conditions when buying insurance products and before signing a contract;
Amendment 56 #
2013/2174(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that in the end it is the state that pays for damagesor the regional authorities that carry a lot of the indirect or direct cost burden for damages, be the causes natural or man- made, and suggests that Member States and regional authorities should recognise the importance of prevention of risks and should make it a pillar of investment strategy, since it is more efficient to minimise the consequences of disasters instead of just providing cover and repairing damages afterwards;
Amendment 58 #
2013/2174(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the risk of moral hazard whenif citizens assume that their government iswill be using public resources from the national budget to cover their losses; is therefore critical of actions and measures which may discouraginge citizens or communities from taking measures to protect themselves; is of the opinion that citizens should carry their share of responsibility and compensations should not cover all damages;
Amendment 62 #
2013/2174(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that individual responsibility in this sector has to be maintained, and is aware of the efforts made by Member States to combine the promotion of individual responsibility with intervention by government, paying for everything in cases of absence of private initiative;
Amendment 63 #
2013/2174(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Concludes that there is no market distortion in this field to justify intervention at European level, and does not think that a one-size-fits-all solution iswould be feasible for this issue; recalls that tailor- made insurance products depend on many elements, such as type of risks, culture and the approach taken by Member Statestheir probable quantity and quality, culture of prevention, the state of preparedness and capacity for action and the approach taken by Member States and regional authorities concerning risk monitoring and preparation;
Amendment 64 #
2013/2174(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that a flexible natural catastrophe insurance market allows insurance companies to adapt products to different conditions, and believes that a non- mandatory framework is the best way to develop products matching with natural risks in a given geographical area;
Amendment 65 #
2013/2174(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that a flexible natural catastrophe insurance market allows companies to adapt products to different conditions, and believes that a non- mandatory framework is the besta way to develop products matching with natural risks in a given geographical area, but Member States may, based on their different cultures and situations, also consider burden sharing for example by making insurance against natural disasters an obligatory part of fire insurance, so that certain high risk areas would not be left uncovered;
Amendment 14 #
2013/2173(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets that no complete and reliable data are available to assess the effectiveness of ESF spending on older workers; takes the view that the use of ESF appropriations must be transparent and that, when the annual financial statements are drawn up, this information must be available to citizens in an easily accessible manner on a public website, and must include the objectives of the funded programmes and the original amount budgeted, as well as indicators and the possibility of verifying, using easily accessible analytical tools, the achievement of the objectives and the distribution of the funds to their various purposes;
Amendment 20 #
2013/2173(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to rely more on quantitative data when analysing the socioeconomic situation of older workers and to provide for a measurable causal link between actions identified within operational programmes and the objectives pursued;
Amendment 25 #
2013/2167(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in all civilizsations highly value the cultural foundations on which their very identity dependsthe national cultural heritage, which creates the basis for the cultural identity of citizens, is highly valued;
Amendment 56 #
2013/2167(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers the development of stable, liberal democracies which share the values of the EU to be a tool of peace, international cooperation and willingness to constructively tackle global issues, and considers that it is in the interest of the EU to actively promote a political culture of tolerance, openness and secularisfreedom, as well as the development of democratic institutions throughout the world;
Amendment 63 #
2013/2167(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes in particular that the democratisation of numerous states throughout the world in the past two decades, and more recently the events of the uprisings in the Arab world, have shown that the quest for democracy, human dignity and equal participation is not only apart of Western political ideologyies but may also be an important action driver within and across diverse cultural systems and religious backgrounds;
Amendment 81 #
2013/2167(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Rejects essentialist visions of cultures as fixed entities; believes that the growing interaction of people belonging to different cultural backgrounds can lead to the development and strengthening of a common core of universal values in accordance with the fundamental values of the EU and the approach adopted in the UN Declaration of Human Rights;
Amendment 99 #
2013/2167(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes however that the EU and its Member States have been able to find a common ground for dialogue and cooperation towards achieving common solutions with UN member states which go beyond cultural and religious differences; notes also that the tensions and deadlocks that hamper the development of such solutions stem from the opposition of states and of parties involved in conflicts to such agreements on strategic grounds rather than on the basis of conflicting moral values;
Amendment 104 #
2013/2167(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with concern that beyond the threats that terrorist networks represent for the Union, as well as for the rest of the world, fundamentalist religious groups which seek to influence societies and legislation in ways contrary to the EU’s fundamental values undermine the very principles that the Union promotes in its foreign and development policies and operate with the support – be it open or covert – of certain states;
Amendment 112 #
2013/2167(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for the EU to cooperate with those Islamic statstates with Muslim majorities which uphold an inclusive and tolerant vision of Islam to counter the attempts to promote fundamentalist and exclusivist interpretations of religion and violent extremism; notes that radical religious resurgence is not limited to the Muslim worldcountries with Muslim majorities but it is taking place on a global scale;
Amendment 117 #
2013/2167(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expects that in their political statements EU representatives should make clear the fact that fundamentalist, exclusivist interpretatinterpretations of religion that are intolerant of adherents of other faiths and that facilitate repressions of religionhuman rights and violence are incompatible with the EU’s values and must be opposed with the same assertiveness as would be any repressive political regime;
Amendment 124 #
2013/2167(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the EU should be more assertive in its support of the promotion of human rights, social and political rights by civil society, as well as of more liberal interpretations of religious dogma in those countries the governments of which promote fundamentalist and exclusivist views of religionviews of religion that facilitate repression of human rights and violence;
Amendment 132 #
2013/2167(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that freedom of religion and conscience implies equally both the right to promote religious beliefs and the right to change one’s belief; expects both of these aspects to be present in the EU’s initiatives for intercultural dialogue; considers that the right to change one’s convictions is a fundamental human right which no interpretation of religion must breach;
Amendment 135 #
2013/2167(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that the EU ought, in accordance with the TFEU, to increase dialogue with religious groups;
Amendment 147 #
2013/2167(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Reaffirms its support for all EU agreements with third countries to include reciprocal conditionality and political clauses on human rights and democracy, as a common reaffirmation of the mutual commitment to these values and regardless of the state of protection of human rights in a given country, with appropriate safeguards to ensure that the suspension mechanism cannot be abused by either side;Does not affect the English version.
Amendment 3 #
2013/2158(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the recession in the eurozone came to an end, numerically speaking, in the second quarter of 2013, but whereas annual growth in the eurozone will remain negative this year and unemployment and inequality areis at a record high in eurozone history; whereas growth needs to be further enhanced for this to be considered a long-lived recovery, and in order to generate the necessary momentum to relieve the EU of its socioeconomic challenges;
Amendment 6 #
2013/2158(INI)
Motion for a resolution
Recital B
Recital B
B. whereas unemployment in the EU has reached the alarming figure of 26.6 million12 whereas long-term unemployment has risen in most Member States and reached an all-time high in the EU as a whole; whereas the decline in employment has been more pronounced in those countries which awere in such bad situation that they had to undertakinge more substantial fiscal consolidation;
Amendment 13 #
2013/2158(INI)
D. whereas this has been the deepest and more long lasting recession in the economic history of the last 100 years, but a catastrophy has been avoided, and the effects of the crisis distributed to many years, even decades, and these effects include that long-term unemployment is still on the rise, possibly resulting in structural unemployment; whereas labour market segmentation has continued to increase, average household incomes are declining in many Member States and indicators point to a trend of somewhat higher levels and deeper forms of poverty and social exclusion, including in-work poverty for some years ahead;
Amendment 17 #
2013/2158(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the effects of the crisis and of the excessive fiscal consolidation policies pursued in recent years have resulted in an unprecedented and growing divergence in output and employment between core and periphery countries; whereas the core- periphery gap in unemployment rates reached 10 percentage points in 2012, compared with only 3.5 percentage points in 2000; whereas that divergence is forecast to peak this year;
Amendment 23 #
2013/2158(INI)
Motion for a resolution
Recital G
Recital G
G. whereas systematic errors in the Commission’s economic forecasts for growth and unemployment in recent years demonstrate the need for a change of diagnosis and strategy with a view to ending the crisis; whereas the pace of fiscal consolidation has slowed, yet the deflationary impact of certain necessary structural reforms, mostly focusing on external demand, are still having the same severe effects on internal demand, with stagnant investment and growth and weak job creation;
Amendment 31 #
2013/2158(INI)
Motion for a resolution
Recital H
Recital H
H. whereas certain macroeconomic imbalances, for instance in the area of external competitiveness, have improved, although internal imbalances between Member States have been exacerbated; whereas evidence shows that a one-size- fits-all policy that relies on external demand and squeezes internal demand is not possible for all eurozone members at the same time; whereas this is heightening the (underestimated) negative impact of simultaneous austerity programmes, thereby depressing internal demand and resulting in over-reliance on demand from third economies, at a time when there are signs of a weakening outlook for emerging economies;
Amendment 39 #
2013/2158(INI)
I. whereas the focus on speed and intensity in pursuing structural reforms has been asymmetricaldifferent among Member States depending on their situation, being much more demanding for periphery countries than for core countries, a situation which is liable to exacerbate imbalances in growth creation in the EUin countries with biggest problems, but all Member States have had to adjust their public finances;
Amendment 42 #
2013/2158(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the greatesall Member States need to improve their performance and competitiveness and a great challenge facing the eurozone at the moment is the growing socioeconomic divergences between Member States; whereas the severe unemployment and social problems currently faced may spill over to other Member States through internal trade, with the erosion of human capital resulting in a deterioration in long- term international competitiveness, a situation that may lead to a deterioration in the economic fundamentals of the EU as a whole; whereas it is in the interest of all Member States to ensure that employment and social challenges are addressed in a timely and effective manner;
Amendment 50 #
2013/2158(INI)
Motion for a resolution
Recital O
Recital O
O. whereas since 2010 there has been a growing divergence in the capacity of national fiscal stabilisers to counteract the economic crisis and its employment and social consequences, with this capacity having practically disappeared in those countries hit hardest by the crisis; whereas household incomes, and thus domestic demand, have consequently been less well protected than before, further aggravating the recession; whereas Parliament’s Committee on Employment and Social Affairs held a public hearing on 9 July 2013 on ‘The social dimension of the EMU – European unemployment benefit scheme’, which identified the need for automatic stabilisers at the eurozone level;
Amendment 54 #
2013/2158(INI)
Motion for a resolution
Recital P
Recital P
P. whereas poverty levels have been increasing at alarming rates since 2007, such that 24.2 % of the EU population is currently at risk of poverty or social exclusion; whereas social protection expenditure has decreased in nearly all the Member States, and whereas the Social Protection Committee (SPC) is warning that increasing numbers of people are at risk of income poverty, child poverty, severe material deprivation and social exclusion because of the impact of fiscal consolidation measures;
Amendment 57 #
2013/2158(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas, despite the urgency of the situation, the EU is failing to achieve almost all of the Europe 2020 targets, and whereas progress in the Member States in delivering on the Europe 2020 objectives has been disappointing; whereas the commitments made in the 2013 national reform programmes are insufficient to meet most of the EU-level targets;
Amendment 63 #
2013/2158(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that this year, for the first time, the draft Joint Employment Report annexed to the Annual Growth Survey (AGS) includes a scoreboard for employment and social policies, which will help to strengthen the monitoring of employment and social developments as part of macroeconomic surveillance within the European Semester; considers that this represents an acknowledgment of the need to reinforce the social dimension of the Economic and Monetary Union, which is not only desirable, but also necessary in order to address the crisis and prevent serious socioeconomic divergences in the eurozone, thereby enhancing its sustainability;
Amendment 68 #
2013/2158(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers it regrettable, however,understandable that these indicators have not been made binding, unlike the Macroeconomic Imbalance Procedure scoreboard; asks the Commission to remedy this situation, which does not reflect the need to put macroeconomic and social aspects on an equal footing as part of the European Semester process; considers this situation particularly worrying in the light of the growing social and employment imbalances in the EU;
Amendment 72 #
2013/2158(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it regrettable that the employment and social indicators proposed by the Commission are insufficient to cover the Member States’ employment and social situations comprehensively; calls for the scoreboard to include additional indicators, in particular child poverty levels, a decent work index and a European living wage index, in order to allow proper assessment of the social situation in the EUMember States;
Amendment 77 #
2013/2158(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to use the social scoreboard not only as an analytical tool, but also as a basis for developing concrete indications for the Member States as to how they can fight or prevent unemployment, reduce social inequality, promote active inclusion and prevent social dumping, which would then feed into the design and implementation of the 2014 country-specific recommendations (CSRs) within the European Semester process, underlines that these policies remain totally in the competence of the Member States;
Amendment 79 #
2013/2158(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 84 #
2013/2158(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. WarnNotes that until now the new Macroeconomic Imbalance Procedure has been invoked mainly to urge countries to improve their competitiveness, thereby contributing to deflationary pressures in southern Europe, without requiring the same emphasis on creating inflationary pressures, vianotes also the wage increases, in those countries with the necessary room for manoeuvre to do so; warns that using the same tools to seek growth via the external sector for all eurozone countries reduces the expected net results by growing external demand at the expense of internal demand;
Amendment 91 #
2013/2158(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that, while structural reforms may bear fruit in the medium to long term, the need to stimulate the EU’s internal demand requires the Commission and the Council to put in place, as a matter of urgency, an ambitious, coordinatedenhance investment plan in order to sustain growth and quality jobs in the short term and enhance potential in the medium term; notes that the main objectives have already been defined in the Europe 2020 strategy and in the Compact for Growth and Jobs agreed in June 2012, but that financing must be stepped up;
Amendment 97 #
2013/2158(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the fact that in the AGS 2014 the Commission calls on the Member States to protect or promote longer-term investment in education, research and innovation, energy and climate action; considers this insufficient, however, to allow Member States with already- constrained budgets to accomplish that goal; calls on the Commission to explore and promote the necessary reforms to exclude productive investments, for instance in education, and research and development, from the deficit targets established under EU rules so as to ring- fence them, given their potential to generate growth and jobs;
Amendment 100 #
2013/2158(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for stronger support from the European Investment Bank and for the release of EU funds to support urgent investment plans; notes that project bonds malready provide a mechanism for supporting investment, but regards the eurozone’s weak growth and job creation rate as evidence that it should be more ambitious with a view to developing the necessary public and coordinated investments;
Amendment 105 #
2013/2158(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that cohesion policy is essential in helping to reduce internal competitive disparities and structural imbalances; calls on the Commission, as a matter of urgency, to reprogramme unspent structural funding in favour of youth employment programmes and SMEs; calls on the Commission to find special solutions for those countries with very high unemployment rates which will be forced to return EU funds on account of co-financing problems; asks the Commission, to this end, to explore the possibility of excluding Member States’ participation in the co-financing of EU funds or programmes (under heading 1 (‘Sustainable growth’) of the Multiannual Financial Framework (MFF)) from the calculation of their structural deficit as defined in the two-pack;
Amendment 113 #
2013/2158(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned that the Commission’s strategy of restoring EU competitiveness through an excessive adjustment of unit labour costs via salary reductions has sharply eroded the purchasing power of many EU workers, lowered household incomes and depressed internal demand, further fuelling unemployment and social exclusion, particularly in those countries hit hardest by the crisis; pPoints out that a transversal policy for restoring competitiveness must also contemplate strategies focusing on otherall production costs, salaries, cost of energy and raw materials, price developments and profit margins;
Amendment 116 #
2013/2158(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s recommendations to core countries with the necessary room for manoeuvre to pursue expansionary policies via wage increases; calls on the Commission to make ambitious recommendations which will help to lower the excessive deflationary pressures on southern Europe and to avoid the risk of exacerbating imbalances in growth and job creation in the eurozone;
Amendment 119 #
2013/2158(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that the Commission, in its 2014 draft Joint Employment Report 2014, points out that unit labour cost reductions and wage moderation have fed into price developments only slowly and incompletely, in part because of simultaneous hikes in indirect taxes and administered prices owing to fiscal consolidation;
Amendment 121 #
2013/2158(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that decent wages are important not only for social cohesion and fairness in society, but also for maintaining a strong economy; calls on the Commission to propose measures that tackle inequality and guarantee decent pay; calls on the Member States to combat in-work poverty by pursuing labour market policies aimed at ensuring a living wage for those in work;
Amendment 127 #
2013/2158(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the CommissionMember States to explore the possibility of reducing pressure on wages through minimum-wage schemes, which can be different in each country so as to reflect median wage ratios and differing levels of productivity; points out that such a measure may make it possible to reduce deflation risks and inequality and to limit nominal imbalances in competitiveness and current accounts;
Amendment 132 #
2013/2158(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that excessive fiscal consolidation has led to an excessive focus on public debt deleveraging, which has hampered private-sector debt reduction; nNotes that, while the AGS emphasises the risks of high public debt, the IMF has already warned that the main drag on European growth and job creation is in fact private debt (household and corporate);
Amendment 134 #
2013/2158(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that a sustainable exit from the crisis requires effective measures to address the debt overhang, the domestic liquidity shortage and the investment slump; recalls that private debt sustainability is a precondition for investment, growth and job creation; calls on the Commission to introduce measures allowing orderly debt restructuring, particularly for households and SMEs;
Amendment 137 #
2013/2158(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Warns that SMEs face the highest credit costs and an ever-growing contraction of credit availability; stresses that this is not only hampering growth and job creation in the EU, given SMEs’ considerable potential to create new jobs, but is also exacerbating imbalances in the eurozone, since there has been a worrying accentuation of differences in the cost of bank lending between core and periphery countriMember States; welcomes the fact that the importance of access to finance for SMEs has been recognised, and urges the Member States to make access to finance for SMEs an absolute priority in their national growth plans; urges the Member States to provide easy access to the EU funds earmarked for that purpose;
Amendment 153 #
2013/2158(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the CommissionMember States to design tailor-made policies to support job creation for the long-term unemployed, senior unemployed people, women and other priority groups hit especially hard by the crisis, such as immigrants and people with disabilities;
Amendment 166 #
2013/2158(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Calls on the Commission and the Council to ensure that Member States subject to the excessive deficit procedure also have the fiscal space to make use of these measures, in particular by temporarily exempting Member States’ co-financing of measures to combat youth unemployment from the calculation of excessive deficits;
Amendment 184 #
2013/2158(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Supports the Commission’s call to shift the tax burden away from labour and suggests shifting it towards other forms of sustainable tax such as a harmonised corporate tax, the financial transaction tax (FTT) and carbon taxes;
Amendment 208 #
2013/2158(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Notes that social protection and social policy, in particular unemployment benefits, minimum income support and progressive taxation, initially helped to reduce the depth of the recession and stabilised labour markets and consumption; stresses, however, that the capacity of these crucial economic and social stabilisers has been reduced to its absolute minimum owing to austerity measures in those Member States in which such stabilisers are most needed; notes that household incomes and domestic demand have consequently been less well protected, which has aggravated the recession in the countries concerned;
Amendment 213 #
2013/2158(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Stresses that social policies and social standards have been widely used as adjustment factors by those EMU members experiencing negative economic shocks; notes that such internal devaluations have had drasticunwanted social consequences for national welfare states and their citizens, resulting in a social emergency in many Member States;
Amendment 215 #
2013/2158(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
Amendment 217 #
2013/2158(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
Amendment 225 #
2013/2158(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
Amendment 232 #
Amendment 47 #
2013/2157(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses concern at the high corporate and household debt levels in the euro area, as well as at the overall indebtedness of theeuro area Member States in the euro area, which will increase to over 90% of GDP in 2014 and therefore not only, bearing in mind that the high level of both private and government debt is hindering growth but alsoand will put a huge burden on future generations;
Amendment 62 #
2013/2157(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that EU financial assistance to certain Member States, being a combination of solidarity and conditionality, has proved to be successful when there is strong ownership and commitment to reform; urges the Commission and the Member States, however, to bring financial assistance under the Community framework;
Amendment 66 #
2013/2157(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that Economic and Monetary Union (EMU) is far from complete, and reminds the Commission of its obligations and commitments to enhance economic convergence and strengthen competitiveness in the EU; believes that this could best be achieved if the Commission were to finally put forward proposals for the completion of EMU as outlined in its blueprint on a deep and genuine EMU;
Amendment 107 #
2013/2157(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 117 #
2013/2157(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the fact that the absence of a well-functioning internal labour market and a positive approach to immigration is hampering growth in the EU; calls on the Commission and the Member States to establish a common labour market andpromote the free movement of labour and establish a modern immigration policy;
Amendment 168 #
2013/2152(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes with concern that respecting the rights of minorities is one of the key challenges identified in the Commission’s Enlargement Strategy for 2012-2013; encourages the Member States to launch a general public debate on the acceptance of minorities through education, civil society engagement, and awareness-raising in general; regrets that the Roma community is particularly disadvantaged throughout the Western Balkans; condemns the generally negative societal attitudefomenting of hatred and prejudices in general and the negative acts towards vulnerable groups such as the LGBT community and people with disabilities, which isare a recurring issue in many enlargement countries;
Amendment 188 #
2013/2152(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Notes with concern the fragile state of democratic processes and the deterioration of human rights and fundamental freedoms in many Neighbourhood countries; emphasises that good governance, the freedom of association, expression and assembly, a free press and free media, freedom of religion, the rule of law and an independent judiciary are essential for underpinning democratic transitions; recognises the key role of civil society in building public support for democratic reforms in the Neighbourhood countries;
Amendment 215 #
2013/2152(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Remains deeply concerned about the crisis in Syria; strongly deplores the excessive use of force and violence against the civilian population in the country and minorities in particular, and abhors the scale of state abuses that may constitute crimes against humanity; calls on all armed factions to put an immediate end to violence in the country; expresses grave concern at the on-going humanitarian crisis and the implications for neighbouring countries; believes that the key to solving the conflict lies in political mechanisms and diplomatic processes;
Amendment 320 #
2013/2152(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Condemns in the strongest terms discrimination, intolerance, violence and killings on grounds of religion or belief, wherever and to whomever they occur; is particularly concerned about the threat of increasing sectarianism alongconcerned about the fact that Christian minorities are in a weak position in many countries or regions where the powers- that-be or most of the population profess other faiths or atheism, and is particularly concerned about the increasing attempts to resolve differences within peoples divided along religious lines by resorting to violence and about the discrimination against, and persecution of, religious lminorities in countries such as Egypt and Syria as, where such actions constitute an impediment to long-lasting peace and reconciliation;
Amendment 4 #
2013/2145(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the fact that EGF budget line includes payment appropriations; is, however, disappointed with the annual ceiling allocated to this Fund in MFF agreement and reiterates its demand to increase the annual ceiling to 500 million Euros, given that part of this sum will be allocated to combating youth unemployment, given that part of this sum will be allocated to combating youth unemployment; is ready to consider the suggestion of the court of auditors recent report to move EGF into the European Social Fund;
Amendment 6 #
2013/2145(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the economic and financial crisis is continuing to grip Europe. Given that simultaneous austerity measures across many Member States is leading to contraction, the EUnion budget needs to be boostetter used for the EUnion to be able provide stronger counter-cyclical stabilizsation.
Amendment 7 #
2013/2145(BUD)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 18 #
2013/2135(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for measures facilitating adaptation of workerto keep the work places in the most affected high-carbon sectors, such as electricity production, transport, construction and energy- intensive industries, to the transition to a green and resource- efficient economywhich are in general the greenest and most resource-efficient in the world; in case of failing in this basic task of saving European heavy industries calls to facilitate adaptation of the workers from these sectors to other sectors;
Amendment 20 #
2013/2135(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for changes in the climate and energy policy so that energy intensive sectors would not suffer in the international competition from unilateral cost burdens; and as long as these burdens are unilateral calls for free emission allowances for the carbon leakage sector; especially calls for metallurgical coke to be separated from other fossil fuels in the emission trading system in order to save European steel industries;
Amendment 24 #
2013/2135(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to address in the new framework the consequences of the economic crisis as regards the affordability of energy for final consumers – households and businesses; especially calls for compensation of the rise of electricity prices to the industries which need much electricity even though they are amongst the greenest in the world in their sector;
Amendment 709 #
2013/2135(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that in order to ensure security of supply there must be enough capacity to meet demand in peak periods and in periods of (political or technological) difficulties and that excess capacity or backup must therefore be ensured and maintained; points out the need for storage, sources of reserve power which can be started up rapidly and more grid flexibility as a response to the intermittence of some sources of RES;
Amendment 791 #
2013/2135(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to launch a study analysing new and cost-efficient market designs with a view to ensuring reasonably priced electricity to consumers and to preventing carbon leakage; asks therefore the Commission to come forward as soon as possible with an additional assessment and recommendations for further actions to prevent the risk of carbon leakage caused by reallocation of production facilities outside the EU, focusing; considers that competitive energy and raw materials prices should be ensured for carbon leakage sectors, including application of the BAT (Best Available Technologies) model; considers that, with reference to the difficulties of the steel industry, it would be helpful if metallurgical coke were separated in the emissions trading system; considers that the assessment should focus in particular on additional scenarios in which limited or no further global action is taken on carbon emission reduction;
Amendment 806 #
2013/2135(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that the EU’s main competitors on the global market place great emphasis on technological developments, innovation and improving industrial processes; notes also that their economies grow at a much faster pace than the EU; concludes that the EU must give priority to the price of energy, R&D and innovation;
Amendment 889 #
2013/2135(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that access to capital, even for heavy industry sectors, is often a barrier to investment in cleaner technologies; therefore asks the Commission to study the possibility of creating a fund that could help to leverage investment, possibly financed by a share of ETS revenue;
Amendment 55 #
2013/2134(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission's recognition that ‘deficit’ countries need to boost their competitiveness and that ‘surplus’ countries need to boost their demand, and that this calls for a deep revision of the prevailing policy stance;
Amendment 78 #
2013/2134(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for deeper investigation of the reasons for the huge increase in internal divergences in competitiveness and economic performance across Member States that may have resulted from the functioning of the single currency, and in particular of the asymmetric impact of common policies;
Amendment 97 #
2013/2134(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to submit as a matter of urgency the legislative proposal on new financial incentives supporting Member States in the implementation of structural reforms, including a Competitiveness and Convergence Instrument (CCI) based on the Community method as a first step towards a European fiscal capacity;
Amendment 146 #
2013/2134(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 165 #
2013/2134(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Agrees that the ECB's action has ‘decisively contributed to the stability of the euro area’, limiting speculation on sovereign debt; considers, however, that insufficient growth and high (and still growing) levels of private and public debt in many Member States mean that ‘a carefully managed process of deleveraging’ is required; calls on the Commission, therefore, to quickly deliver its 2-pack commitments to Parliament in order to deepen the analysis on, and consider the pros and cons of the partial substitution of national debt issuance through joint issuance in the form of a redemption fund and eurobills;
Amendment 189 #
2013/2134(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 207 #
2013/2134(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Council to conclude the negotiations for the Financial Transaction Tax and to include in its agenda, as a matter of urgency, the convergence of tax systems within the EU;
Amendment 1 #
2013/2127(INI)
Draft opinion
Paragraph 2 – subparagraph 1
Paragraph 2 – subparagraph 1
Believes that, in order to promote financial participation aimed at creating a new form of company financing and enabling employees to be more connected to the company that employs them, employers should be given the opportunity to offer employees share capital subscriptions or specific debt securities (bonds) should be offered; takes the view that the capital subscriptions should be voluntary for the employee, either individually or in a group;
Amendment 5 #
2013/2127(INI)
Motion for a resolution
Recital A – indent 1
Recital A – indent 1
Amendment 8 #
2013/2127(INI)
Motion for a resolution
Recital A – indent 2
Recital A – indent 2
– sharing in profits, whether in the form of cash, shares or benefits, particularly for SMEs and micro-enterprises or non-listed companies, which can reward success or exceptional performance, supplement workers’ incomes and boost their spending power, with a direct economic spill-over into the local economy;
Amendment 12 #
2013/2127(INI)
Motion for a resolution
Recital B
Recital B
B. whereas there are three mainvarious EFP models forwhich a company to choose from:may offer, such as profit sharing (cash-based, deferred or in shares), individual employee share ownership (employee shares or stock options), special benefits in line with the company’s reward practices, and employee stock ownership plans (ESOPsS); whereas EFP can be in the form of shares or cash;
Amendment 14 #
2013/2127(INI)
Draft opinion
Paragraph 2 – subparagraph 4
Paragraph 2 – subparagraph 4
Takes the view that subscriptions by former workers whose employment contract has been terminated before time due to a company crisis (who thus intshould be givend to finance voluntarily, in association, the initiation or resumption of business by the beneficiary company, with their savings or unemployment benefits) should be directed towards the re-employment of those former workers; considers that, in any case, the relevant legislation should be different for listed companiehe same treatment, in respect of shares subscribed and share subscriptions agreed upon up to their date of leaving, as other shareholders;
Amendment 14 #
2013/2127(INI)
Motion for a resolution
Recital C
Recital C
C. whereas EFP, particularly in the form of ESOPs or partial ownership, can act as a shock absorber, allowing bonuses or other forms of supplementary pay or reward to be managed in trusts by third parties, spreading the investment risk andmong the company’s principal shareholders and also ensuring that workers have a potrtfolio of savailable moneyed shares that they can access in times of hardship, creating additional financial security for workers; alternatively the value of the shares may be reduced when times are hard;
Amendment 18 #
2013/2127(INI)
Motion for a resolution
Recital D
Recital D
D. whereas job security is improved by employee buy-out options, which can help workersif the employees obtain from the company’s owners a priority buy-out right, and are thus able to take over companies in financial difficulty, they may seek to safeguarding their own jobs and this procedure may reducinge uncertainty fromabout their continued employment as a result of possible buyouts by other companies, and which; whereas employee ownership may address company succession problems, that can often result in companies being closed downas a company is often closed down or sold off for possible rationalisation or closure when succession is not possible; whereas this isprocedure may be helpful in particular for SMEs and micro enterprises in securing the continuation of sustainable commercial operation;
Amendment 19 #
2013/2127(INI)
Draft opinion
Paragraph 3 – subparagraph 1
Paragraph 3 – subparagraph 1
Notes that, as indicated before the financial crisis, remunerationward policies that encourage excessively risky behaviour can undermine the sound and efficient management of credit institutions and investment funds;
Amendment 24 #
2013/2127(INI)
Motion for a resolution
Recital E
Recital E
E. whereas EFP reduces short-termism in strategic decision-making by managermay increase employees’ interest in long-term commitment and in seeking innovative solutions in the production process and can thus bring stability, development and growth while reducing risks of over- expansion leading to job losses, though it should be noted that employees do not necessarily have specialist skills in the executive sphere or in enhancing inter- company competition;
Amendment 26 #
2013/2127(INI)
Draft opinion
Paragraph 4 – subparagraph 1
Paragraph 4 – subparagraph 1
Believes that any measure relating to the financial participation of employees in company income should be sustainable in the long term and be on a voluntary basis, especially for SMEs.
Amendment 26 #
2013/2127(INI)
Motion for a resolution
Recital F
Recital F
F. whereas investing in training allows companies with financial participation schemes which link workers directly to the company to feel more confident that they will retain skilled workers; whereas this creates an incentive for employers to invest in the training of their workforce, given the greaterfinancial participation schemes encourage investment in training, as they increase the likelihood of themcompanies retaining skilled workers in the long term;
Amendment 29 #
2013/2127(INI)
Motion for a resolution
Recital G
Recital G
G. whereas both employee ownership and profit-sharing modelworkers’ financial participation in the company’s profits can deliver significant improvements in employees’ job satisfaction, psychological well-being and overall performance and motivation;
Amendment 31 #
2013/2127(INI)
Motion for a resolution
Recital H
Recital H
H. whereas encouraging employees to develop a sense of ownership and responsibility increases their feeling of inclusion and the likelihood that their employerscompany will engage with them and understandtake account of their concerns, perspectives and ideas;
Amendment 33 #
2013/2127(INI)
Motion for a resolution
Recital I
Recital I
I. whereas employeeany participation in management through voting rights or other forms of governance canoffered by employers to employees’ representatives through voting rights, the right to be present or other forms of governance can improve the flow of information and help employees to have a better understanding of the situation when their company faces challenges and can also give them a greater appreciation and thus an ability to accesscut pay and other rewards when the company is doing wellbadly;
Amendment 37 #
2013/2127(INI)
Motion for a resolution
Recital K
Recital K
K. whereas EFP is affected by national taxation rules, and whereas it is not appropriate to develop a comprehensive ‘one size fits all’ model for EFP at EU level; whereas EFP must be carefully decided upon by the company and its workers taking due account of the wider national and sectoral context; whereas, however, a core set of basic principles could achieve public confidence and help EFP deliver on its objectivesstems from an initiative of the employer and, in such a case, the workers should be consulted and must themselves carefully consider the initiative in question, taking due account of the wider national and sectoral context;
Amendment 40 #
2013/2127(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Member States to consider the transnational obstacles facing both companies offering schemes to employees in several Member States, and employees, for whom double taxation may represent an infringement of the right to freedom of movementPoints out that companies offering schemes to employees in several Member States may encounter divergent national rules and usages, preventing schemes from being offered in the same form in different Member States, and that, for example, double taxation of employees may pose an obstacle;
Amendment 41 #
2013/2127(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the importance of mutual recognitionat in some cases it might be useful to bring about the gradual convergence of existing financial participation schemes, asnd this may help employees also to invest ine related national legislation so as to enable employers in future to offer schemes in other Member Stat same or a similar form in all Member States where they have employees;
Amendment 42 #
2013/2127(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Insists that the lack of information about existing financial participation schemes could be offset by greater transparencyincreasing the quantity of information lending itself to comparison at international level, which would reduce costs for both larger companies and SMEs, enabling them to engage inoffer employee participation schemes that meet their particular needs;
Amendment 45 #
2013/2127(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to consider appropriate national measures to encourage companies to develop and implement voluntary, acting voluntarily, to develop and offer EFP schemes, open to all employees on a non-discriminatory basis, taking into account the specific situation of SMEs and micro-enterprises; calls on the Member States to step up exchanges of best practice in this regard;
Amendment 47 #
2013/2127(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to engage employee ownership organisations and stakeholders more closely in dialogue between policy makers, employers and workers’ representatives, including the social partners where relevant, in order to ensureto engage in social dialogue on this subject in order that existing examples of best practice at national level armay be taken into account in the development of national policies to facilitate the implementation of EFP by businesses;
Amendment 50 #
2013/2127(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Eagerly anticipates the results of the pilot project and the evaluation on setting up ‘European Centres for Employee Ownership’; asks the Commission to consider what can be done to furthasks the Commission to offer idevelop participation in EFP schemes and offer guidanceas to Member States on possiblearticipation mechanisms to do so in light of this pilot project;
Amendment 53 #
2013/2127(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that the EU should refrain from regulating the ways in which employee remuneration schemes may be organised in Member States;
Amendment 54 #
2013/2127(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 62 #
2013/2127(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 64 #
2013/2127(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 72 #
2013/2127(INI)
Motion for a resolution
Paragraph 11 – point a
Paragraph 11 – point a
(a) objective-led: companies and their workers must agree onshould determine the objectives of an EFP scheme in order to determine which model is the most appropriate for them and to have the best chance of achieving the desired outcome;
Amendment 74 #
2013/2127(INI)
Motion for a resolution
Paragraph 11 – point b
Paragraph 11 – point b
(b) flexible in operation and voluntary: EFP operates differently in different sectors, companies of different sizes and types, and different Member States; the decision to develop and implement an EFP scheme should therefore lie with the individual company or employer in conjunction with employees, in the light ofand should be taken in such a way that employees are consulted on their opinion, existing national law and practice, and depending onre adhered to and the company’s financial situation is taken into account;
Amendment 75 #
2013/2127(INI)
Motion for a resolution
Paragraph 11 – point c
Paragraph 11 – point c
(c) additional/complementary to contractual remuneration: although any EFP model should be ahave the aim of providing extra income in addition to a worker’s basic pay and contractual rights, not a substitute for these rightssystems may also be incorporated by which of which employees bear a share of the risk that the company may be less successful than anticipated;
Amendment 76 #
2013/2127(INI)
Motion for a resolution
Paragraph 11 – point d
Paragraph 11 – point d
(d) voluntary for employees: EFP is a means by which employees are offered a choice about how to benefit from a closer financial relationship with their employercompany; ultimately this has to be both optional for an individual worker to opt in and out of, but equally available to the whole workforce of a companyand although the scheme may treat different employees and groups of employees in different ways, the team spirit within the company would be increased if everybody could participate in it equally and on a non- discriminatory basis in order to achieve genuine inclusion;
Amendment 78 #
2013/2127(INI)
Motion for a resolution
Paragraph 11 – point e
Paragraph 11 – point e
(e) negotiated by social partners: where national practices and traditions include social partners at company level, EFP schemes should be negotiated by the relevant social partners, on a local ‘plant- by-plant’ basis in orderthey should be heard in order for the scheme to be tailored to the specific conditions and circumstances of the company and its workforce; considers that such schemes should always be open to all workers, including those who are not members of the trade union responsible for negotiating the conditions of an EFP schemenot discriminate against employees for belonging to a trade union or on any other ground for discrimination listed in Article 10 TFEU;
Amendment 82 #
2013/2127(INI)
Motion for a resolution
Paragraph 11 – point f
Paragraph 11 – point f
(f) clear information must be given to employees on the risks and rights attached to opting into an EFP scheme: the decision to join an EFP scheme should be based on the informed consent of an employee, given in the full knowledge of their entitlements and obligations when joining a scheme and the conditions which apply when they leave the company or the scheme under any circumstances;
Amendment 84 #
2013/2127(INI)
Motion for a resolution
Paragraph 11 – point g
Paragraph 11 – point g
(g) involvement in governance: schemes may include thas part of a scheme, an employer may invite a worker or workers to become directly involvement of a workerd in the governance of a company; where this is the case, rights and responsibilities should be clearly defined before such a responsibilities are agreed tole role is taken on;
Amendment 94 #
2013/2127(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the shift in the attitude of trade unions towards EFP, which has become more positive, and encourages social partners to continue working together to develop new opportunities and innovations at the relevant levels7; __________________ 7 ”Employee financial participation in companies” proceeds' (PE 475.098), s. 35.
Amendment 96 #
2013/2127(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the Member States to develop, in partnership with employee ownership organisations, single to develop information portals – one stop shops – accessible to employers and employees, to explain the benefits and advantages of EFP, national support or incentives available and the different models which exist, in order to allow employers and workers to become more aware and make better use of advantages arising from EFP schemes and to allow employers to better assess the options available to them and the challenges of entering into an EFP scheme;
Amendment 3 #
2013/2115(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the irregular status of undocumented women throughout Europe makes it difficult for their fundamental human rights to be respected; considers that the best way of permanently improving their situation is to bring them within the legally established systems, so that they can either obtain a legal residence and work permit and identification documents or find a place within the legally established systems in their home country;
Amendment 12 #
2013/2115(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States and social partners to address the specific situation of undocumented women in the workplace and help those concernedhelp undocumented women to be brought within the legally established systems, so that their position in the workplace becomes legal, thereby enabling them to better exercise their rights - including through the application of EU Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, and points out that under that directive the Member States must prohibit the employment of illegally staying third country nationals;
Amendment 19 #
2013/2115(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for special forms of data protection for undocumented women whoTakes the view that undocumented women who are, or are in danger of becoming, victims of human trafficking, and turn in such situations to the authorities, women's shelters, counselling services or religious counsellors; calls for the implementation of, should be given help and support in accordance with Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims and calls for this directive to be implemented in all Member States;
Amendment 84 #
2013/2113(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Agrees that plastic waste should be treated as a valuable resource by promoting its reuse, recycling, and recovery; believes that in any case landfilling should be banned by 2020, without, however, incentivising as a result the energy recovery option over recycling; considers that, alongside the targets mentioned above for recycling, it is therefore advisable to introduce appropriate sanctions for incineration of recyclable and biodegradable plastics, in order to level the playing field for different plastic types; points out that this would also invert an unsustainable tendency that has until now privileged the use of virgin products over the more expensive recycled ones;
Amendment 99 #
2013/2113(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the most dangerous plastics, those that are the most disruptive to human health and the environment (such as micro- and oxo-biodegradable plastics) and those which contain heavy metals that can also make recycling processes more difficult, should be phased out of the market or banned outright, as soon as possible before 2020; also believes that, as demanded by a majority of European citizens (and consumers), it is finally time to phase out or ban single-use, non- biodegradable and non-compostable plastic products, also before 2020;
Amendment 170 #
2013/2113(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for the establishment of a European Day for plastic waste, on which citizens could return any volume ofccumulated plastic waste to predetermined points in return for appropriate monetary compensation, as a means of ensurpromoting the supply of recyclable plastic and increasing public awareness of recycling; considers that this event could also include community beach cleaning activities, as a symbolic contribution to the containment of coastal pollution caused by plastic waste;
Amendment 2 #
2013/2112(INI)
Motion for a resolution
Recital A
Recital A
A. whereas labour inspection plays an important role in protecting employees’ rights, preventing abusive practices on the part of employerbreaches of employment protection rules and promoting fair and socially responsible economic growth inasmuch as it helps to ensure that wages are actually paid and social security contributions are made, thus increasing tax revenue and the inflow of money to social security systems;
Amendment 40 #
2013/2112(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the fact that labour inspection is a public service task which, in the absence of any equivalent body to do the job, should be carried out only by independent public servantand that it falls solely within the remit of the Member States;
Amendment 47 #
2013/2112(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that all categories of worker, employed and self-employed and irrespective of their status, employment relationship or origin,national rules prescribe what work is carried out under an employment contract, what groups come under the responsibility of the national inspection authorities and must enjoyhow the aim of according them the same degree of protection is to be achieved;
Amendment 63 #
2013/2112(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 70 #
2013/2112(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 85 #
2013/2112(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that there is an important role to be played by the social partners, and particularly by workers’ representatives, in seeking to ensuringe that the existing rules are observed; calls on the Member States to institute the formal involvement of the social partners in labour inspection;
Amendment 101 #
2013/2112(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 125 #
2013/2112(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises that there is a growing trend towards self-employment, outsourcing und subcontracting; considers that systems of general contractor liability for the entire subcontracting chain constitute a useful tool for improved monitoring of public procurement, and that they should be introduced in all Member Statit important that public procurement contracts should automatically be sent to the labour inspection authorities;
Amendment 135 #
2013/2112(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights attention to the problem of implementing workplace health and safety rules in the case of employees doing undeclared work; stresses that the right to health and safety protection in the workplace applies irrespective of theto every employee’s or self-employed person’s status, and that improved implementation of the Member States’ existing rules will give substance to that right;
Amendment 137 #
2013/2112(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls forAdvocates stiffer penalties for companies that fail to meet their obligations in relation to employees’ basic rights, and considers that such penalties must have a sufficiently deterrent effect to ensure that employers and employees cannot gain from circumventing the existing rules on employment and health protection;
Amendment 150 #
2013/2112(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 167 #
2013/2112(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to introducecarry out a pilot project for a European early-warning system, for aimed at signalling breaches of employment protection rules and cases of undeclared work, which would promote the rapid exchange of information between Member States and would be accompanied by a blacklist so that abusbreaches byof employers could bement protection rules could be more effectively nipped in the bud; points out that such an early-warning system could be modelled on the existing European consumer- protection early- warning system (RAPEX);
Amendment 178 #
2013/2112(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out that the right of national inspection authorities to carry out inspections within non-national companies has hitherto been severely restricted; calls for A1employee posting certificatesinformation to be entered in an EU-wide register available to authorities throughout the EU in order to facilitate the control at national level of employment relationships among posted workers;
Amendment 193 #
2013/2112(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Criticises the Commission’s suggestiononsiders it important, in relation to the directive on the enforcement of the Posting of Workers Directive, for closed lists of measures restricting national powers of inspection; considers it important that national labour inspectorates should be able to conduct inspections in every case where they deem it needful to do so;
Amendment 203 #
2013/2112(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 210 #
2013/2112(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 216 #
2013/2112(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 8 #
2013/2111(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, to tackle the crisis, some Member States have made severe cuts in public expenditure just whenwhile social protection needed to be strengthened in response tosystems have had to face a sudden rise in unemployment and, at the same time, national budgets for social security cover have been further squeezed as contributions have fallen in the wake of wide-scale job losses or wage cuts, thus placing the European social model at real risk;
Amendment 13 #
2013/2111(INI)
Motion for a resolution
Recital D
Recital D
D. whereas social protection coverage in the EU Member States is still inadequate; whereas cases of vulnerable workers being abused in the EU are still commonplace and labour-market compartmentalisation, with widely varying levels of protection for different types of contract and job relationship, is a glaring reality, leading to social maladjustment and inequalitymay in some EU Member States be still inadequate;
Amendment 21 #
2013/2111(INI)
Motion for a resolution
Recital E
Recital E
E. whereas most traditional social security systems, and particularly social cover and labour law, are designed to safeguard the social and employment rights of people in employment, and there is thus a risk that with the changing nature of employment, and increasingly commonly where people are self-employed, new groups of workers will lack proper social protectionmay in some situations lack social protection, however, the forms and the level of social protection is solely for the Member States to define;
Amendment 23 #
2013/2111(INI)
Motion for a resolution
Recital F
Recital F
F. whereas it is essential to lay down a clear definition of bogus self-employment and to prevent abuses in this regard so as to avoid any violation of workers' social rights, any distortion of competition and any risk of social dumping;
Amendment 27 #
2013/2111(INI)
Motion for a resolution
Recital G
Recital G
Amendment 38 #
2013/2111(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to develop and modernise at the Member State level social protection systems in order to ensure adequate social protection for all, based on the principles of universal access and non- discrimination and on the capacity to respond in a flexible manner to demographic changes and developments in the labour market;
Amendment 44 #
2013/2111(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to ensure responsible and sustainable long-term financing of social security systems, particularly in periods of economic crisis, in order to ensure the adequacy of social benefits and sustainability of pension systems and social security systems in general, while not overlooking the fact that one of the most important aspects of social investments is that they enable social and economic goals to be reconciled; considers, therefore, that they should be viewed as investment, rather than as expenditure;
Amendment 47 #
2013/2111(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to ensure core national social protection which, at a minimum, will safeguard the main sources of revenue in each country and guarantee access to basic social benefits, particularly in the event of illness, unemployment, maternity or disability, thus making it possible to combat poverty and social exclusion in the Member States; calls also on the Member States to draw up strategies for the development of social security in line with the ILO's proposals;
Amendment 53 #
2013/2111(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that effective social protection should include measures to promote the participation of beneficiaries in the labour market, and that lowering the level of social protection will not stimulate employment;
Amendment 58 #
2013/2111(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to make greater efforts to create jobs for young people and to ensure that young workers are not discriminated against through the limiting of their social security entitlements;
Amendment 62 #
2013/2111(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States especially to provide a guarantee ofin accordance with the principles of the national system concerned a social security for the most vulnerable social groups such as the unemployed, the disabled, single-parent families, the young, pensioners and young families; calls also on the Member States to ensure that social services are made more accessible for all members of vulnerable social groups and persons with long-term care needs, particularly in rural areas;
Amendment 68 #
2013/2111(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States and the Commission to take steps to combat discrimination against women on the labour market and to adopt social protection measures to ensure that women's wages and welfare entitlements are not lower than those for men doing the same job, and to safeguard their maternity entitlements; calls also on the Council to speed up the adoption of the Directive on prenatal and postnatal leave;
Amendment 77 #
2013/2111(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States to take practical steps to combat poverty and social exclusion, including an appropriate minimum income and a social security system, in accordance with their own national practices (collective agreements or national legislation);
Amendment 80 #
2013/2111(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on Member States to step up their efforts to combat undeclared and insecure employment and to ensure that all workers enjoy appropriate social protection; deplores, furthermore, the practice of deliberately replacing standard recruitment procedures with non-standard employment contracts, at the same time reducing workers' social security cover, in order to save money in accordance with rules of the national social security system;
Amendment 85 #
2013/2111(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 93 #
2013/2111(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 97 #
2013/2111(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 103 #
2013/2111(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that self-employment needs to be recognised as a labour market flexibility measureform of work that helps to create jobs and reduce unemployment, and that the expansion of self-employment mustshould go hand-in-hand with appropriate social protection for the self-employed as defined in the Member States' national legislation;
Amendment 107 #
2013/2111(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises the need for up-to-date, more detailed statistics to be made available for the purpose of monitoring and assessing the economic significance of self-employed workers and the various categories of self- employment, as well as their market share by sector, social group, age and sex;
Amendment 110 #
2013/2111(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 115 #
2013/2111(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 123 #
2013/2111(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges Member States to ensure that self-employment does not become a tool of unfair competition or a means of preventing workers from benefiting from social and job security, and that the social and employment rights of self-employed workers depend as little as possible on their status: i.e. employed or self- employed; also aAsks that self-employed workers should not be assimilated with employed workers, so as to preserve the advantages of self-employment and economic activity of this kind and help to develop a spirit of entrepreneurship and service quality;
Amendment 131 #
2013/2111(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Member States to develop social protection in relation to retirement, disability, maternity/paternity leave and unemployment so that it is better adapted to self-employed workers, in particular those whose work is similar to that of employed workers;
Amendment 138 #
2013/2111(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States and the Commission to make it compulsory to inform people wishing to become self-employed workers to be provided with appropriate information on the changes to their social protection and the labour law applicable to them that will arise from this change in status, as well as changes in other rights and obligations linked to their economic activity;
Amendment 143 #
2013/2111(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on Member States and the Commission to involve the social partners in a process of developing and modernising social protection and to develop the social dialogue at European and national levels; also calls on the social partners to place issues linked to the labour rights and social protection of self-employed workers on the agenda;
Amendment 19 #
2013/2079(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that CCS deployment is needed for the EU to meet its 2050 low- carbon aspirations at least cost; affirms the urgent need to develop a range of full- chain CCS flagship projects so as to identify the best and economically most advantageous solutions; appreciates that instruments in addition to the EU ETS are needed to drive forward their development, bearing in mind that the existing technical solutions entail substantial investment;
Amendment 41 #
2013/2079(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that CCS development cannot take place without support from the EU and Member States; regrets that application of the technology has been encouraged by so few;
Amendment 54 #
Amendment 57 #
2013/2079(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 66 #
2013/2079(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 78 #
2013/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the decision of the European Investment Bank to prohibit lending for construction of coal power plants that will emit more than 550g CO2/kWh; emphasises that without financial support to develop CCS, the introduction ofthe introduction of equally stringent or more stringent emissions performance standards within the EU will be essential;
Amendment 123 #
2013/2079(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 53 #
2013/2078(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European Union is going through a period of economic and financial crisis, and also athere are also problems with the interpretation of democraticy and cthe Constitutional crisis, as demonstrated by recent events in certain Member States, and whereas these tensions have highlighted the lack of appropriate instruments to cope with this crisis, as well as the difficulties in applying the mechanisms provided for in the existing treaties, in particular Article 7 of the EU Treaty;
Amendment 57 #
2013/2078(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Parliament has repeatedly called for a strengthening of the mechanisms to ensure that the values of the Union set out in Article 2 of the EU Treaty are respected, protected and promoted, and for crisis situationproblems in the Union and in the Member States to be addressed, and whereas a debate is under way on the creation of a ‘new mechanism’, in which the Commission, Council and Member States are finally joining Parliament and NGOs;
Amendment 72 #
2013/2078(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that as a political, historical and ethical project, the European Union endeavours to bring together countries which share and together promote common European values, such as those laid down in Article 2 of the EU Treaty and in the Charter of Fundamental Rights, including democracy, the rule of law, fundamental rights, equality and protection of minorities, which are closely linked and are mutual preconditions, and believes therefore that a fundamental pillar of the European identity is, and must be, the internal and external promotion of these European values; considers that fundamental rights should be interpreted on the basis of shared values, based on Judeo-Christian values and on the heritage of the finest attainments of Hellenic-Roman culture and the Enlightenment, and in dialogue with them;
Amendment 86 #
2013/2078(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that it is essential for the European Union and the Member States to guarantee respect for the common European values set out in Article 2 of the EU Treaty, that all the instruments currently provided for in the treaties in this regard urgently need to be applied and implemented, and that where necessary amendments to the treaties should be prepared; does not consider there to be any need to amend the treaties in this connection;
Amendment 135 #
2013/2078(INI)
Motion for a resolution
Paragraph 4 – point e
Paragraph 4 – point e
(e) develop and adopt a set of recommendations and penalties (e.g. the temporary suspension of Fund commitments, the application of certain acts, etc.)roportionate penalties to deal with violations of Article 2 and Article 7 of the EU Treaty;
Amendment 141 #
2013/2078(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 151 #
2013/2078(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 207 #
2013/2078(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the fact that a growing number of Member StRecalls that, pursuant to the treaties are respecting the right to found a family through, legislation on marriage, civilregistered partnerships or registered cohabitation and adoption, without discrimination on grounds of sexual orientation, and calls on the Commission and all Member States to adopt legislation and policies to combat homophobia, transphobia and hate crimes; reiterates itsadoptions falls within the competence of the Member States, and respects decisions taken by the Member States on these matters; considers that all people have equal dignity, and calls foron the Commission to draw up a European roadmap against homophobia and discrimination on grounds of sexual orientation and gender identityand Member States to oppose all forms of discrimination;
Amendment 251 #
2013/2078(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that the Union and Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the integration of people with disabilities and the rights of LGBT persons; reiterates for the umpteenth time its call for the Council to adopt the Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientationprotection of other minorities, including sexual minorities;
Amendment 261 #
2013/2078(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes the guidelines on the promotion of freedom of religion published by the Council of the EU in June, which govern action by the EU and Member States both within the EU’s borders and in its external relations; observes that a particular purpose of the recommendations is both to prevent repression of freedom of religion and to deal with violations of that freedom promptly and consistently, and welcomes the fact that the guidelines distinguish clearly between hate speech which contains incitements to violence and speech which is critical of religion, as it must be permissible to judge all opinions; stresses that freedom of freedom also without fail includes the right to change religion and the right to speak to other people about one’s religion and beliefs; considers that breaches of freedom of religion should be taken into account more clearly than hitherto when the EU decides on appropriate measures on the basis of agreements it has concluded with third countries;
Amendment 291 #
2013/2078(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Condemns racist, anti-Semitic, homophobic and xenophobic violence and violence against religious and ethnic groups and migrants, which have reached alarming levels in certain Member States, in the absence of strong action by the authorities;
Amendment 334 #
2013/2078(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that the entry into force of the Lisbon Treaty makes it necessary to increase transparency and openness in the Union; deplores the interinstitutional blockage of the revision of Regulation (EC) No 1049/2001 on the right of access to documents and information; calls on the Council and Commission to resume their work on the revision of this Regulation, on the basis of the proposals by Parliament; calls on the Council and Commission at the same time to take the necessary measures to make it transparent to the public how the funding passed on to Member States from the EU budget is used;
Amendment 57 #
2013/2076(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the three-year LTRO settled on March 2012 contributed to stabilising the banking system, but that this should be a temporary measure; notes that, despite the liquidity injected into the banking system by the LTRO, the credit available to the real economy is still below pre-crisis levels; suggests that it would be appropriate for the ECB to reduce its deposit facility rate to negative values in order to encourage banking lending to the real economy;
Amendment 85 #
2013/2076(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the setting-up of the OMTs, with no ex ante quantitative limits, in order to safeguard monetary policy transmission, but deplores the decision to link the activation of the OMT to strict conditionalities attached to an EFSF/ESM programme; calls on the ECB to activate OMTs independently from strict conditionality;
Amendment 114 #
2013/2076(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the monetary policy tools that the ECB has used since the beginning of the crisis, while providing a welcome relief in distressed financial markets, have revealed their limits as regards stimulating growth and improving the situation on the labour market; considers, therefore, that the ECB could investigate the possibilities of implementing new unconventional measures aimed at participating in a large, EU-wide pro-growth programme, including the use of the Emergency Liquidity Assistance facility to undertake an ‘overt money financing’ of government debt in order to finance tax cuts targeted on low-income households and/or new spending programmes focused on the Europe 2020 objectives;
Amendment 131 #
2013/2076(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 148 #
2013/2076(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 169 #
2013/2076(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 207 #
2013/2076(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that transparency in the field of banking supervision is ressential and that the ECB should take all possible measures to improve its transparency such as, inter alia, the publication of the minutes of the Supervisory Boardtricted to a certain extent because of possible negative market reactions, but that nevertheless political decision-makers in particular need a reliable overall picture of the banks’ real situation, and that therefore the European Parliament’s Committee on Economic and Monetary Affairs should be given a comprehensive analysis;
Amendment 118 #
2013/2075(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to open uprecommend competition into those Member States that have port and airport public networks, particularly if their management is monopolised by the central government or if they persistently generate public deficits;
Amendment 131 #
2013/2075(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that the single market in the rail freight sector is affected by incorrect or incomplete transposition of EU law by Member States and by bottlenecks to cross- border mobility that harm competition and growth; calls on the Commission to verify whether technical or market barriers that differ from one Member States to another, such as track gauges, energy supply and signalling systems, can be considered infringements of competition rules;
Amendment 51 #
2013/2073(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that European funding can act as an importasupport programmes which to some extent complement to necessary investments from national budgets, although social policy is of course a matter which falls within the competence of Member States and for which they themselves bear responsibility; calls on the Member States to exploit the potential of the European Social Fund (ESF) when implementing the Youth Strategy; stresses that resources towards youth employment should be seen as an investment in the future, as they reduce the long-term adverse impact of youth unemployment;
Amendment 9 #
2013/2066(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Observes that obstacles to the employment of Roma lie in a low level of educational attainment, lack of work experience and prejudices against Roma, but also in Roma people’s own attitudes and the shortage of suitable jobs;
Amendment 17 #
2013/2066(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates that Roma education gaps have an important gender dimension where according to data, the literacy rate of Roma women is on average 68 %, compared to 81 % for Roma men, and where the primary school enrolment rate for Roma girls is just 64 %; observes, admittedly, that there are major differences between Member States in these statistics;
Amendment 20 #
2013/2066(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that limited access to education increases the risk of early marriages and early pregnancy, which leads to early school-leaving, and which also has the consequence of limiting employment opportunities in adulthood which, after all, causes a higher risk of poverty; observes that increasing teachers’ knowledge of Roma culture and promoting participation in pre-primary education by Roma children are ways of reducing exclusion, which begins at school age, calls for greater participation by Roma children and young people and equality for them in early childhood education, primary education and secondary education, and for the Roma population’s participation in vocational training to be increased;
Amendment 38 #
2013/2066(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for support and promotion of the entry of the Roma population to the labour market and observes that, in order to differentiate labour-administration services and measures and to develop guidance processes, support staff and case managers with a Roma background are needed;
Amendment 44 #
2013/2066(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Takes the view that reshaping welfare systems is necessary in order to decrease dependency on social assistance, while stimulating active participation on the labour market, and urges that the welfare of the Roma population be fostered and that social and health services be targeted more effectively;
Amendment 49 #
2013/2066(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that increasing efforts in providing access to child-care facilities for reconciliation of family and working life in rural areas could have a positive impact, while similarly, social services in towns can employ Roma family support officers to act as cultural interpreters, and a similar role can be played by school assistants with a Roma background.
Amendment 54 #
2013/2066(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for equal treatment to be ensured in housing and for insecurity to be reduced;
Amendment 57 #
2013/2066(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls for the development of Roma language and culture to be promoted, administrative structures concerned with Roma affairs to be developed, Roma policy and its implementation to be reinforced and participation in international cooperation on Roma issues to be increased.
Amendment 11 #
2013/2062(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that research, development, and innovation are becoming increasingly important, especially as regards the need to develop low-emission energy-efficient cars, to enable Europe to remain competitive and hence boost employment by reducing its dependence on imported energy, and the need to integrate IT into cars so as to make them more pleasant and safer to drive;
Amendment 16 #
2013/2062(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Strongly supports the actions proposed in the fourth pillar of the Action Plan; reiterates its call for a legal act onimprovements both as regards informationing and consultation of workers,ing workers and as regards anticipation and management of restructuring;
Amendment 27 #
2013/2062(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages Member States to adopt Nnational Job Plans in the context of the European Semesterresearch, job, and training plans, taking into account the specific skills needs of the industrial sector in general and the automotive sector in particular;
Amendment 38 #
2013/2062(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for the European Social Fund to be used for the retraining and reskilling of workers, and for the European Globalisation Adjustment Fund to be used as a short-term measure in the event of plant closures and significant downsizing; calls, however, as regards the longer term, for the European Globalisation Adjustment Fund to be replaced by an instrument incorporated within the European Social Fund, so as to enable support for persons who have lost their jobs to be delivered more rapidly and more efficiently to the intended recipients, as recommended by the Court of Auditors in its Special Report No 7/2013.
Amendment 78 #
2013/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States and the Commission to run eHealth awareness and training campaigns aimed at the general public. These campaigns should be tailored to the social groups they target, since public information and active public participation are key to the effective development of new healthcare delivery models;
Amendment 118 #
2013/2061(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the need to ensure the technical standardisation and interoperability of information and communication technologies (ICT) in European healthcare systems;
Amendment 19 #
2013/2057(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to take full advantage of new electronic tools for the coordination of projects, like the ODAMoz, the creation of which EU funded.
Amendment 20 #
2013/2057(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that, given the constraints on national and EU budgets resulting from economic difficulties and due to growing political concern over demonstrating more effective development spending, improved donor coordination is imperative and the EU should play a key role in its promotion, and the coordination should cover all major aspects of all development projects, including their planning, monitoring and evaluation;
Amendment 227 #
2013/2045(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to support self-employment among young people by creating facilities and preferential conditions for starting up their own businesses, through, e.g., cutting red tape, increasing enterprise training, founding and developing business incubators and introducing favourable tax policies;
Amendment 322 #
2013/2045(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that all financial resources invested in actively combating youth unemployment should be spent effectively; calls on the Member States to introduce a monitoring and evaluation system for employment measures implemented, which should be public and easy for members of the public to follow, as well as a system of verification of the effectiveness of those measures, with a view to working increasingly towards evidence-based policies that can also be shared at EU level;
Amendment 6 #
2013/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is aware that online trade is a growth market; draws attention to the entrepreneurial and financial pressure on suppliers resulting from investment and measures to adapt to the requirements of online trade as it expands; takes the view that employees must not suffer as a result of competition in online trade; stresses that p deliverices must be set in such a way thatnot impair enforcement of the rules on employment and labour conditions in force in the Member State concerned, and that enforcement of those rules, including those governing the minimum and standard wage, ismust be guaranteed;
Amendment 8 #
2013/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that thone key to appropriate transformation and adaptation measures lies in the development of compatible information systems and employee training in their use; regards it as the employer’s task to acquaint employees properly with other new technologies too, which can offer support as online delivery becomes more widespread and complex;
Amendment 10 #
2013/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 13 #
2013/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is critical of the extremely high amount of outsourcing which delivery firms undertake outside the regular postal service and the frequentlyTakes the view that any outsourcing must take place in such a way that it is not accompanyingied by evasion of legal and remuneration requirements with regard to conditions of work and employment;
Amendment 21 #
2013/2043(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Expects the Member Statesocial partners to stipulate a minimum wage for parcel service operators and ensure wage cover in all delivery firms andin employment contracts relating to the activities of parcel service undertakings or enforce any statutory minimum wage, and to ensure increased monitoring of subcontractors in terms of compliance with employment-related legal and remuneration requirements; underlines in this context the principle of equal pay for equal work in the same place by staff having the same experience, know-how and seniority;
Amendment 26 #
2013/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that EU economic governance should be flexible enough to allow for the pro-growth and job-creating investments supported by cohesion policy, when these do not cause exceeding the debt and deficit levels agreed in the renewed the Stability and Growth Pact;
Amendment 31 #
2013/2042(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for more transparency in the use of funds so that citizens could follow their use on an open web page nationally and/or EU-wide, which should lead to more general ownership, appreciation and control on the use of funds;
Amendment 4 #
2013/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. In order to create a strong and innovative Europe and to promote social inclusion, cCalls on Member States to increase the level of investment in quality education and training to prepare students for the ever-changing needs of the labour marketlife, taking into account the new requirements of society and the ever-changing needs of the labour market; considers that, by promoting the development of students’ preparedness to engage with society, their creativity and their level of knowledge and skills, a strong and innovative Europe will be created and social inclusion promoted;
Amendment 13 #
2013/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on Member States to provide more efficientdiverse education, with a focus on active citizenship, developing creativity, transversal, entrepreneurial and STEM- related skills, digital literacy and foreign languages skills, to tackle mismatches between skills and labour market dembut also on the arts and physical exercise, to ensure a balanced general education and personal development, as well as to tackle mismatches between the level of general education and specialist skills attained on the one hand and the changing needs of the labour market on the other hand;
Amendment 32 #
2013/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on Member States to safeguard an inclusive and integrated education system with a lifelong learning approach, providing equal access to allconditions in which to compete for places on courses and opportunities to study at all levels and offering tailor-made arrangements to meet the different needs of students of disparate levels, especially those from vulnerable social groups, such as Roma, migrants and disabled persons;
Amendment 43 #
2013/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that Member States should reduce drop-out rates by launching early childhood educationcare, development and careeducation programmes appropriate to the age group, providing extra- curricular activities and engaging parents in the encouragement of learning and providing mentoring to disadvantaged students throughout their studies, helping them access the Erasmus programme and internships;
Amendment 58 #
2013/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States to facilitate transition between the different educational and training pathways, assist transition between education, professional training and employment, provide traineeships, work-based learning, apprenticeships and dual learning models and seek ways of recognizesing competences based on non- formal and informal learning;
Amendment 78 #
2013/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to prepare teachers to focus on skills and competences,importance of the level of teacher training and the need to prepare teachers to attain in-depth teaching skills and knowledge of the subjects to be taught and also get acquainted with different cultures and adapt lessons to theknow how to adapt teaching to the various communication and learning styles and points of departure of their students;
Amendment 94 #
2013/2041(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on Member States to regularly monitor and evaluate whether they have managed to provide equal access to inclusive and quality education at all levels and if skills resulting from education and training have increased students’ employability and ability to cope as citizens and in working life.
Amendment 1 #
2013/2040(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 3 #
2013/2040(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 4 #
2013/2040(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Asserts that, when implementing the specific clauses on the prohibition on coercion or compulsion in sexual and reproductive health matters agreed on at the Cairo International Conference on Population and Development, as well as the legally binding international human rights instruments, the EU acquis communautaire and the Union policy competencies in these matters, Union assistance should not be provided to any authority, organisation or programme which promotes, supports or participates in the management of any action which involves such human rights abuses as coercive abortion, forced sterilisation of women and men, determining foetal sex resulting in prenatal sex selection or infanticide;
Amendment 5 #
2013/2040(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. States that every child, regardless of sex, has the right to appropriate legal protection before as well as after birth1, survival and development, and reaffirms that female children have equal status under the UN Convention on the Rights of the Child; calls on EU delegations in developing countries to work with the governments of those countries to ensure that girl children enjoy their rights without discrimination found on their sex, inter alia by ending the unethical and discriminatory practices of prenatal sex selection, abortion of female foetuses, female infanticide, early forced marriage, female genital mutilation; __________________ 1 Declaration of the Rights of the Child, Adopted by UN General Assembly Resolution 1386 (XIV) of 10 December 1959.
Amendment 7 #
2013/2040(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Reminds that the European Court of Justice held in judgment C-34/10 that any human ovum after fertilization constitutes a human embryo, and that an human embryo constitutes a precise stadium in the development of the human body;
Amendment 8 #
2013/2040(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. UrgInvites the Commission, in this context, to maintain in its development priorities the removal of all barriers to allow access to quality, affordable, acceptable and accessible sexuprenatal and reproductivematernal health care services (SRHSs) and education, including voluntary family planning, safe abortion, and youth-friendly service, relational, affective and sexual education for boys and girls under the prior responsibility of their parents1, voluntary family planning including natural family planning methods, while combating gendersex based discrimination leading to sex-selective and involuntary abortions, forced sterilization and sexual violence, as well as ensuring the provision of SRH supplies,prenatal and maternal health care supplies, including HIV prevention, treatment, care and support, without discrimination; __________________ 1 "Parents have a prior right to choose the kind of education that shall be given to their children." Art 26.3 of UNGASS Resolution 217 A (III) of 10 December 1948 (Universal Declaration of Human Rights)
Amendment 31 #
2013/2040(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission and the EEAS to fully respect the reservations on SHRH expressed by national governments in the concerned international treaties, conventions and programs;
Amendment 32 #
2013/2040(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Further reaffirms the sovereign right of each country to implement the recommendations of the Cairo ICPD Programme of Action or other proposals in the present resolution, consistent with national laws and development priorities, with full respect for the various religious and ethical values and cultural backgrounds of its people, and in conformity with universally recognized international human rights;
Amendment 33 #
2013/2040(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. upholds the human right to conscientious objection as outlined in Art 18 of the Universal Declaration of Human Rights and Art 10 of the EU Charter of Fundamental Rights, highlights therefore that no person, hospital or institution shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion, the performance of a human miscarriage, or any act which could cause the death of a human foetus or embryo, for any reason; affirms the right of conscientious objection together with the responsibility of the state to ensure that patients are able to access lawful medical care in a timely manner in particular in cases of emergency;
Amendment 34 #
2013/2040(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. reminds § 8.25 of the Programme of Action of the International Conference on Population and Development stating: "In no case should abortion be promoted as a method of family planning. (...) Prevention of unwanted pregnancies must always be given the highest priority and every attempt should be made to eliminate the need for abortion. Women who have unwanted pregnancies should have ready access to reliable information and compassionate counselling. Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process."
Amendment 66 #
2013/2026(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that land tenure reform should begin with accurate land data collection and with systematic titling by means of cadastral mapping using low-cost technologies; calls for complete openness and for a public website to be made available for use free of charge by all developing countries to which maps and information about property, duly marked, would be uploaded on the basis of aerial imagery , taking as a model the website http://xgis.maaamet.ee/xGIS/XGis created in Estonia with EU support;
Amendment 4 #
2013/2017(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that growth is the key to more jobs and increased prosperity and, that it is necessary to direct the structural funds more efficiently towards promoting growth and, that the flows of funds should be easy to follow and public so that members of the public can monitor and assess their effectiveness, and that it is necessary to accelerate the payments of commitments;
Amendment 26 #
2013/2009(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of language learning and calls for the organisation of courses in the local language and culture targeted in particular at women;
Amendment 18 #
2013/2006(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for larger numbers of suitable staff to be recruited for research, development and innovation work and for investment to ensure that staff’s training, research tools, equipment and working conditions are of the highest possible standard;
Amendment 19 #
2013/2006(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for the promotion of a positive atmosphere in the workplace and of remuneration packages which will help to exploit to the full the experience and creativity which all staff possess, to render work and production processes and equipment more efficient and to rationalise them;
Amendment 31 #
2013/2006(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Maintains that measures need to be taken urgently with a view to establishing and supporting innovative industries by helping SMEs to gain access to financing, cutting their tax charges and administrative red tape, developing cooperation by businesses and education and research establishments and exploiting the possibilities offered by the digital single market;
Amendment 239 #
2013/2005(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises that, without prejudice either to the Member States’ right to choose their energy mix or to the need for better EU-wide coordination, the EU as a whole must make full use of the potential of all energy sources that are at the disposal of EU Member Statesseek to become as self- sufficient as possible in energy and thus make full use of all scope for energy production which is economically and environmentally viable;
Amendment 256 #
2013/2005(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that an open and transparent internal market, where all EU and third country companies respect the acquis communautaire in the field of energy, can help strengthen the negotiating position of EU energy suppliers vis-à-vis external competitors, which is particularly important for the potential of further coordinating external energy purchasing at the EU level; notes that the reciprocity principle must be used to guide relations with EU energy suppliers;Does not affect the English version.
Amendment 456 #
2013/2005(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Encourages the Commission and Member States also to support research on, and the development of, innovative energy technologies that fall outside of the framework of the ‘Horizon 2020’ and the EIT projects, as this is the only way forward in order to reduce emissions, improve energy security and increase the competitive position of EU industry on the global market;
Amendment 66 #
2013/0398(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 176 #
2013/0398(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 183 #
2013/0398(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 188 #
2013/0398(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 10 #
2013/0343(CNS)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to further reduce burdens on business and improve the functioning of the internal market the information requirements in the standard VAT return should become totally unified in all Member States, and the Commission should within five years after the date of entry into force of this Directive evaluate the enforcement of this directive from this point of view and make appropriate proposals;
Amendment 12 #
2013/0343(CNS)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Within five years after the date of entry into force of this Directive, the Commission shall review the adequacy of this Directive from the point of view to further reduce burdens on business and improve the functioning of the internal market. The results of the review shall be communicated to the European Parliament and the Council accompanied, where necessary, by appropriate proposals for amendments.
Amendment 228 #
2013/0314(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘benchmark’' means any tradable or widely used commercial index by reference to which the amount payable under a financial instrument or a financial contract, or the value of a financial instrument is determined or an index that is used to measure the performance of an investment fund;
Amendment 231 #
2013/0314(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘'administrator’' means the natural or legal person that has control over the provision of a critical benchmark;
Amendment 234 #
2013/0314(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘'user of a benchmark’' means any person who issues or owns a financial instrument or is party to a financial contract which references a critical benchmark;
Amendment 439 #
2013/0314(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 451 #
2013/0314(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
A supervised entity may use a benchmark in the Union as a reference in a financial instrument or financial contract or to measure the performance of an investment fund if it is provided by an administrator authorised in accordance with Article 23 or an administrator located in a third country that is registered in accordance with Article 21.
Amendment 455 #
2013/0314(COD)
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Benchmarks provided by an administrator established in a third country may be used by supervised entities in the Union provided that the following conditions are complied with:. Where such benchmarks are critical, they may be used provided that the legal framework, supervisory practice, or rules of the producer or administrator of the benchmark in that third country comply with IOSCO principles for financial benchmarks or other international standards for benchmarks. ESMA shall maintain a register of third countries and benchmark providers that it considers can be relied upon as a basis for compliance with international standards without further evidence. ESMA shall update that list using its own information and in consideration of evidence submitted by supervised entities.
Amendment 458 #
2013/0314(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
Amendment 462 #
2013/0314(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
Amendment 465 #
2013/0314(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
Amendment 469 #
2013/0314(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point d
Article 20 – paragraph 1 – point d
Amendment 472 #
2013/0314(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
Amendment 475 #
2013/0314(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 493 #
2013/0314(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. An administrator shall apply for authorisation to provide critical benchmarks if it provides indices which are used or intended to be used to reference financial instruments or financial contracts or to measure the performance of an investment fund.
Amendment 567 #
2013/0314(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. An administrator providing a critical benchmark on [the date of entry into force of this Regulation] shall apply for authorisation under Article 23 within [24 months after the date of application].
Amendment 573 #
2013/0314(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where an existing benchmark does not meet the requirements of this Regulation, but changing that benchmark to conform with the requirements of this Regulation would result in a force majeure event, frustrate or otherwise breach or change the terms of any financial contract or financial instrument which references that benchmark, paragraph 4 of this Article shall apply.
Amendment 576 #
2013/0314(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. The use of a benchmark shall be permitted by the relevant competent authority of the Member State where the administrator is located until such time as the benchmark references financial instruments and financial contracts worth no more than 5% by valueuntil the termination of the financial instruments and financial contracts that referenced this benchmark at the time of entry into force of this Regulation. No new financial instruments or financial contracts shall reference such an existing benchmark after the entry into application of this Regulation.
Amendment 39 #
2013/0265(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation follows a gradual approach. As a first stepIn order to facilitate the smooth functioning of an internal market for card, internet and mobile payments, to the benefit of consumers and retailers, it is necessary to take measures to facilitate cross-border issuing and acquiring of payment card transactions. Allowing merchants to choose an acquirer outside their own Member State (‘cross border acquiring’) and imposing athe same maximum level of cross border interchange fees for both domestically and cross border acquired transactions should provide the necessary legal clarity. In addition, licences for issuing or acquiring of payment instruments should be valid without geographic restrictions within the Union. These measures would facilitate the smooth functioning of an internal market for card, internet and mobile payments, to the benefit of consumers and retailers.
Amendment 40 #
2013/0265(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) As a consequence of unilateral undertakings and commitments accepted in the framework of competition proceedings, many cross-border card payment transactions in the Union are already carried out respecting the maximum interchanges fees applicable to the first phase of this Regulation. Therefore, the provisions relating to those transactions should ent. They should be further developed by new provisions in order into force quickly, creatinge opportunities for retailers to useek cheaper acquiring services cross-border, and incentivising domestic b. A transition period is necessary to provide payment services providers and schemes with time to adapt to the new requirements. Therefore, after a six months period following the entry into force of this Regulation and in order to provide for a completion of ank ing communities or schemes to lower their acquiring feeternal market for card-based payments, the caps on interchange fees for consumer card transactions should be extended to cover all cross-border and domestic payments.
Amendment 42 #
2013/0265(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 52 #
2013/0265(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to facilitate cross border acquiring all (cross-border and domestic) ‘consumer’ debit card transactions and card based payment transaction should have a maximum interchange fee of 0,20%the lower amount of 7 eurocents or 0.1% of the transaction value and all (cross-border and domestic) consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0.30%the lower amount of 14 eurocents or 0.15% of the transaction value.
Amendment 61 #
2013/0265(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Those caps are based on the so-called ‘Merchant Indifference Test’ developed in economic literature, which identifies the fee level a merchant would be willing to pay if he were to compare the cost of the customer's use of a payment card with those of non-card (cash) payments (taking into account the fee for service paid to acquiring banks, i.e. the merchant service charge coming on top of the interchange fee). It therebyintroduced to stimulates the use of efficient payment instruments through a promotion of those cards that provide higher transactional benefits, while at the same time preventing disproportionate merchant fees, which would impose hidden costs on other consumers. Excessive merchant fees might otherwise arise due to the collective interchange fee arrangements, as merchants are reluctant to turn down costly payment instruments for fear of losing business. Experience has shown that those levels are proportionate, as they do not call into question the operation of international card schemes and payment service providers. They also provide benefits for retailers and consumers and provide legal certainty.
Amendment 63 #
2013/0265(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In line with the basic principles of the single market, acquirers should be able to provide their services to merchants throughout the Union with the MIFs they apply in their home market, but they should not apply higher ones cross- border.
Amendment 64 #
2013/0265(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should cover all transactions where the payer's payment service provider andor the payee's payment service provider areis established in the Union.
Amendment 66 #
2013/0265(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Payment card transactions are generally carried out on the basis of two main business models, so-called three party payment card schemes (cardholder – acquiring and issuing scheme - merchant) and four party payment card schemes (card holder- issuing bank- acquiring bank- merchant). Many four payment card party schemes are using an explicit interchange fee, mostly multilateral. Interchange fees (fees paid by acquiring banks to incentivise card issuing and card use) are implicit in three party payment card schemes. To acknowledge the existence of implicit interchange fees and contribute to the creation of a level playing field, three party payment card schemes using payment service providers as issuers or acquirers should be considered as four party payment card schemes and should follow the same rules, whilst transparency and other measures related to business rules should apply to all providers. Three party schemes should accept transactions made using their cards from any acquirer based on general card transaction standards and acquiring rules comparable to the merchant rules for the specific three party schemes and with interchange caps in accordance with this Regulation.
Amendment 69 #
2013/0265(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) It is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers. To avoid this, the ‘net compensation’ of fees paid and received by the issuing payment service provider including possible authorisation charges from a payment card scheme should be considered as the interchange fee. When calculating the interchange fee, for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme should be taken into account. Payments, incentives and fees considered could be direct (i.e. volume- based or transaction-specific) or indirect (including marketing incentives, bonuses, rebates for meeting certain transaction volumes).
Amendment 70 #
2013/0265(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) A separation of scheme and infrastructure should allow all processors to compete for customers of the schemes. As the cost of processing is a significant part of the total cost of card acceptance, it is important for this part of the value chain to be opened to effective competition. On the basis of the separation of scheme and infrastructure, card schemes and processing entities should be independent in terms of legal form, organisation and decision making process. They should not discriminate, for instance by providing each other with preferential treatment or privileged information which is not available to their competitors on their respective market segment, imposing excessive information requirements on their competitor in their respective market segment, cross-subsidizing their respective activities or having shared governance arrangements. Such discriminatory practises contribute to market fragmentation, negatively impact market entry by new players and prevent pan- Union players from emerging, hence hindering the completion of the internal market in cards, internet and mobile payments, to the detriment of retailers, companies and consumers. In addition to typical four party scheme transactions, processing entities should also be able to process three party scheme transactions so that merchants and acquirers could accept all kinds of cards.
Amendment 73 #
2013/0265(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In accordance with Article 55of the proposal COM (2013)547 the payee can steer the payer towards the use of a specific payment instrument. However, no extra charges should be requested by the payee for the use of debit card payment instruments of which interchange fees are regulated within the scope of this Regulation, as in such situations the advantages of surcharging become limited while creating complexity in the marketbut rebates are allowed.
Amendment 90 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down uniform technical and business requirements for payment card transactions carried out within the Union, where both the payer's payment service provider andor the payee's payment service provider are established therein.
Amendment 93 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
Amendment 99 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
Amendment 112 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘debit card transaction’ means an card payment transaction included with prepaid cards linked to a current or deposit access account to which a transaction is debitewhich is debited directly and fin less than or 48 hours after the transaction has been authorised/initiatedally from the card holder's payment account within the next days.
Amendment 120 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘credit card transaction’ means an card payment transaction where the transaction is settled more than 48 hours after the transaction has beich is first debited from or registered on card holder's intermediary credit account and later debited from or paid by individually or in batches by the card holder through the use of another payment authorised/initiatedccount or payment instrument;
Amendment 146 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘three party payment card scheme’ means a payment card scheme in which payments arcan be made from a payment account held by the scheme on behalf of the cardholder to a payment account held by the scheme on behalf of the payee, and card based transactions based on the same structure. When a three party payment card scheme licenses other payment service providers for the issuance and/or the acquiring of payment cards, it is considered as a four party payment card scheme;
Amendment 158 #
2013/0265(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Interchange fees for cross-border consumer debit or credit card transactions
Amendment 163 #
2013/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. With effect from twosix months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than the lower amount of 7 eurocents or 0,21 % of the value of the transaction.
Amendment 178 #
2013/0265(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. With effect from twosix months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border credit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,3the lower amount of 14 eurocents or 0,15 % of the value of the transaction.
Amendment 189 #
2013/0265(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 231 #
2013/0265(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
For the purposes of the application of the caps referred to in Article 3 and Article 4, any net compensation received by an issuing bank from a payment card schemen acquirer directly or via a payment card scheme, payment processor or other operator in relation to payment transactions or related activities shall be treated as part of the interchange fee.
Amendment 240 #
2013/0265(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The interchange fee of the country of the acquirer shall apply to cross border transactions
Amendment 251 #
2013/0265(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Obligation to accept transactions from any acquirer Three party schemes and four party issuers shall accept transactions made using cards issued by them also directly from any acquirer following the general business rules and standards as well as the interchange rules laid down by this Regulation. Three party schemes operating within the Union shall ensure that their system is technically interoperable with other systems of card processing entities within the Union through the use of standards developed by international or European standardisation bodies. Three party processing entities or systems shall not adopt or apply business rules that restrict interoperability with other processing entities within the Union.
Amendment 254 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Any schemes rules and rules in licensing agreements that hinder or prevent an issuer from co-badging two or more different brands of payment instruments on a card, telecommunication, digital or IT device shall be prohibited, when this otherwise would be technically possible. Issuers shall not create technical barriers for co- badging when interoperable rules make co-badging possible.
Amendment 293 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable, enabling payees to identify unequivocally which brands and categories of prepaid, debit, credit or commercial cards or card based payments based on these are chosen by the payer, when these kind of categories affect the business rules or terms for accepting the cards. At minimum the merchant systems should be able to identify the merchant and interchange fee category of the payment instruments and when this is not possible the default value should be the corresponding instrument with the lowest merchant fee.
Amendment 298 #
2013/0265(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 150 #
2013/0264(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Directive 2007/64/EC exempts from its scope certain payment transactions by means of telecom or information technology devices where the network operator not only acts as an intermediary for the delivery of digital goods and services through the device in question, but also adds value to these goods or services. In particular, this exemption allows for so called operator billing or direct to phone- bill purchases which, starting with ringing tones and premium SMS-services, contributes to the development of new business models based on low-value sale of digital content. Feedback from the market shows no evidence that this payment method, trusted by consumers as convenient for low threshold payments, has developed into a general payment intermediation service. However, due to the ambiguous wording of the current exemption, this rule has been implemented differently in Member States. This translates into lack of legal certainty for operators and consumers and has occasionally allowed other payment intermediation services to claim eligibility for the exemption of the application of Directive 2007/64/EC. It is therefore appropriate to narrow down the scope of that Directive. The exemption should focus specifically on micro-payments for digital content, such as ringtones, wallpapers, music, games, videos, or applications. The exemption should only apply to payment services when provided as ancillary and intermediary services to electronic communications services (i.e. the core business of the operator concerned).
Amendment 158 #
2013/0264(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) The main reasons for the establishing TPP services seem to be the lack of interbank online real time services and the non-standardised user interfaces in e-banking platforms. There is therefore also a need to address the underlying shortcomings and weaknesses in the interbank e-payment services and to require e-banking and e-payment service providers to expand their internal e- banking services also to functions between different e-payment service providers.
Amendment 160 #
2013/0264(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 162 #
2013/0264(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive should regulate the granting of credit by payment institutions, i.e. the granting of credit lines and the issuance of credit cards, only where it is closely linked to payment services. Only if credit is granted in order to facilitate payment services and such credit is of a short-term nature and is granted for a period not exceeding 12 months, including on a revolving basis, it is appropriate to allow payment institutions to grant such credit with regard to their cross-border activities, on condition that it is refinanced using mainly the payment institution’s own funds, as well as other funds from the capital markets, but not the funds held on behalf of clients for payment services. Such rules should be without prejudice to Council Directive 2008/48/EC of the European Parliament and of the Council31 or other relevant Union or national legislation regarding conditions for granting credit to consumers not harmonised by this Directive. However, traditional companies, like retail shops, which have a parallel payment institution license may grant credits to their customers within their other business lines without any limitations due to their payment institution license. __________________ 31 Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).
Amendment 198 #
2013/0264(COD)
Proposal for a directive
Recital 63
Recital 63
(63) Different national practices concerning charging for the use of a given payment instrument (hereinafter ‘surcharging’) have led to extreme heterogeneity of the Union’s payments market and become a source of confusion for consumers, in particular in the e- commerce and cross-border context. Merchants located in Member States where surcharging is allowed offer products and services in Member States where it is prohibited and in this case still surcharge the consumer. Moreover, a strong rationale for revision of surcharging practices is supported by the fact that Regulation (EU) No xxx/yyyy establishes rules for multilateral interchange fees for card-based payments. As interchange fees are the main element making most card payments expensive and surcharging is in practice limited to card-based payments, the rules on interchange fees should be accompanied by a revision of surcharging rules. In order to promote cost transparency and the use of the most efficient payment instruments, Member States and payment service providers should not prevent the payee from requesting a charge from or providing a rebate to the payer for using a specific payment instrument, duly taking into account the provisions set out in Directive 2011/83/EU. However, the right of the payee to request a surcharge should only apply to those payment instruments for which interThe charges should not exceed the direct transaction related costs like the merchant service chanrge fees are not regulatedor the specific transaction. This should act as a steering mechanism towards the cheapest means of payments.
Amendment 202 #
2013/0264(COD)
Proposal for a directive
Recital 64
Recital 64
(64) In order to improve the efficiency of payments throughout the Union, all traditional payment orders initiated by the payer and denominated in euro or the currency of a Member State outside the euro area, including credit transfers and money remittances, should be subject to a maximum one-day execution time. For all other payments, such as payments initiated by or through a payee, including direct debits and card payments, in the absence of an explicit agreement between the payment service provider and the payer setting a longer execution time, the same one-day execution time should apply. It should be possible to extend those periods by an additional business day, if a payment order is given on paper. This allows the continued provision of payment services for those consumers who are used to paper documents only. When a direct debit scheme is used the payee’s payment service provider should transmit the collection order within the time limits agreed between the payee and the payment service provider, enabling settlement at the agreed due date. In view of the fact that payment infrastructures are often highly efficient and in order to prevent any deterioration in current service levels, Member States should be allowed to maintain or set rules specifying an execution time shorter than one business day, where appropriate. The execution time should be shortened in all Member States due to technical developments towards real time execution and to enhance that process by 2018 the execution time should be maximum 3 hours, and during the same business day.
Amendment 203 #
2013/0264(COD)
Proposal for a directive
Recital 64 a (new)
Recital 64 a (new)
(64a) Due to Internet developments a major part of credit institutions provide online e-banking services. They usually provide within the credit institution online e-payments between customer accounts. This kind of limited internal e-payment services promote the market positions of large credit institutions with a large customer base and often operating in several national markets at the expense of smaller local credit institutions with small customer bases. In order to promote the development of internal market and payment efficiency it is important to extend these online e-payment services with interbank functionalities. Online e- payment is currently a service of interest only to a limited group of credit institutions, therefore it would be sufficient to require those credit institutions which provide internal online e-payments to provide these also in interbank context within the Union based on common communication standards.
Amendment 236 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) payment transactions carried out in an intermediary capacity by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services, regardless of the device used for the purchase or consumption of the content, provided that the value of any single intermediary payment transaction does not exceed EUR 50 and the cumulative value of payment transactions does not exceed EUR 2500 in any billing month for a specific intermediary billing partner;
Amendment 244 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 5 a (new)
Article 4 – paragraph 1 – point 5 a (new)
5a. ‘e-payment transaction’ means an act, initiated electronically using electronic banking interfaces by the payer or on his behalf by the payee, of placing or transferring funds immediately or almost immediately in an online environment, irrespective of any underlying obligations between the payer and the payee. The electronic banking interfaces can also employ mobile telecommunication facilities.
Amendment 307 #
2013/0264(COD)
Proposal for a directive
Article 29 – title
Article 29 – title
Access to payment systems and credit institutions’ account services
Amendment 312 #
2013/0264(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member States shall ensure that payment institutions and electronic money institutions have necessary access to credit institutions’ payment and deposit account services without discrimination for payment purposes and to safeguard customer funds in their possession.
Amendment 368 #
2013/0264(COD)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The payment service provider shall not prevent the payee from requesting from the payer a charge, offering him a reduction or otherwise steering him towards the use of a given payment instrument. Any charges applied shall, however, not exceed the direct transaction related costs borne by the payee for the use the specific payment instrument.
Amendment 378 #
2013/0264(COD)
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
4. However, Member States shall ensure that the payee shall not request charges for the use of debit card based payment instruments for which interchange fees are regulated under Regulation (EU) No [XX/XX/XX/] [OP please insert number of Regulation once adopted]
Amendment 513 #
2013/0264(COD)
Proposal for a directive
Article 74 – paragraph 1
Article 74 – paragraph 1
1. Member States shall require the payer's payment service provider to ensure that, after the point in time of receipt in accordance with Article 69, the amount of the payment transaction is credited to the payee's payment service provider's account at the latest by the end of the next business day. By 1.1.2018 the execution time shall be three hours or before closing the business day. These periods may be extended by a further business day for paper-initiated payment transactions.
Amendment 515 #
2013/0264(COD)
Proposal for a directive
Article 74 a (new)
Article 74 a (new)
Article 74a Interbank online payment transactions to a payment account 1. Member States shall require payment service providers, which provide internally immediate online e-payments between customer accounts also to send e-payment transactions to other service providers, which provide e-payment customer services internally. Any external e- payment transaction shall be forwarded to such other payment service provider with the same immediacy as a similar e- payment would be executed to internal payees. 2. Member States shall require payees' payment service providers, which provide internally immediate online e-payments between customer accounts also to receive and process e-payment transactions from other service providers and credit the payee accounts as rapidly as corresponding internal e-payment transactions. 3. When applicable payment service providers shall use SEPA transaction formats for e-payments. 4. An e-payment service provider shall make itself reachable via suitable telecommunication solutions based on common available communication standards. 5. EBA shall define common communication standards for e-payments and coordinate the implementation of such standards in the event that the market players are unable to agree on suitable common industry standards for e- payment transmissions. These interbank e-payment requirements shall enter into force 9 months after this directive has entered into force.
Amendment 589 #
2013/0264(COD)
Proposal for a directive
Annex 1 – point 7 – introductory part
Annex 1 – point 7 – introductory part
7. Services based on access to payment accounts provided by a payment service provider who is not the original account servicing payment service provider, in the form of:but functions as an intermediary payment service and account provider and by using payment initiation services transfers funds to the intended final destination;
Amendment 51 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point ii
Paragraph 4 – point ii
(ii) the scope of the competence of the EPPO should be precisely determined, to enable the criminal acts that fall within that scope to be identified beforehand. The European Parliament suggests that the definitions set out in Article 13 of the Commission proposal, concerning ancillary competence, should be carefully reviewdeleted;
Amendment 60 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 point iii a (new)
Paragraph 4 point iii a (new)
(iiia) conducting of investigations should be adjusted also to the systems of the Member States where prosecutors are not undertaking investigations but the competent law enforcement officials.
Amendment 74 #
2013/0255(APP)
(v) all decisions taken by the European Public Prosecutor should be subject to legal challenge before a superior court. In this regard, decisions taken centrally by the Public Prosecutor, as described in Articles 27, 28 and 29 concerning competence, dismissal of cases or transactions, should logically be subject to appeal before the Court of Justice and especially Article 29 is problematic as it infringes with many of the very different national systems;
Amendment 105 #
2013/0255(APP)
Motion for a resolution
Paragraph 6 – point i a (new)
Paragraph 6 – point i a (new)
(ia) the structure of the European Public Prosecutor’s Office should be collegial, thus representatives from all Member States should have an equal say in the decisions of the Office;
Amendment 87 #
2013/0253(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Since the outbreak of the current international financial and economic crisis there has been uncertainty as to the amount of losses pending in the European banks and it is not known how many and which banks should actually be under resolution procedures if objective and uniform criteria were applied. The SSM is to make stress tests before the end of 2014. If according to these stress tests some banks will need extra funding it should be covered by the owners of these banks and the Member States which were responsible for their supervision. A Single Resolution Mechanism may only be applied after all legacy assets have been cleared, capital requirements are fulfilled and the banking system is deemed to be on sound footing also in other respects. Therefore the SRM should start functioning only after the end of 2017.
Amendment 108 #
2013/0253(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) A singlenetwork of national bank resolution funds (hereinafter referred to as the ‘'Fund’') is an essential element without which a single resolution mechanism could not work properly. Different systems of national funding would distort the application of uniform bank resolution rules in the internal market. The Fund should help to ensure a uniform administrative practice in the financing of resolution and to avoid the creation of obstacles for the exercise of fundamental freedoms or the distortion of competition in the internal market due to divergent national practices. The Fnational funds should be financed directly by banks and should be pooled at Union level so that the resolution resources can be objectively allocated across Member States. Only the national resolution funds of the Member States where the bank under resolution operates would participate in the funding, according to the share of financial activity, thus increasing financial stability and limiting the link between the perceived fiscal position of individual Member States and the funding costs of banks and undertakings operating in those Member States.
Amendment 124 #
2013/0253(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Board should be empowered to take decisions, in particular, in connection with resolution planning, the assessment of resolvability, the specification of burden sharing in the network of resolution funds, the removal of impediments to resolvability and the preparation of resolution actions. National resolution authorities should assist the Board in resolution planning and in the preparation of resolution decisions. In addition, as the exercise of resolution powers involves the application of national law, national resolution authorities should be responsible for the implementation of resolution decisions.
Amendment 167 #
2013/0253(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The Commission and the Council should provide the framework for the resolution action to be taken depending on the circumstances of the case and should be able to designate for use all necessary resolution tools. Within that clear and precise framework, the Board should decide on the detailed resolution scheme. The relevant resolution tools should include the sale of business tool, the bridge institution tool, the bail-in tool and the asset separation tool, which are also provided for by Directive [ ]. The framework should also make it possible to assess whether the conditions for the write- down and conversion of capital instruments are met.
Amendment 186 #
2013/0253(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Directive [ ] has conferred the power to write down and convert capital instruments on national resolution authorities, since the conditions for the write-down and conversion of capital instruments may coincide with the conditions for resolution and in such a case, an assessment is to be made of whether the sole write-down and conversion of the capital instruments is sufficient to restore the financial soundness of the entity concerned or it is also necessary to take resolution action. As a rule, it will be used in the context of resolution. The CommissionBoard, the Commission and the Council should replace national resolution authorities also in this function and should therefore be empowered to assess whether the conditions for the write- down and conversion of capital instruments are met and to decide whether to place an entity under resolution, if the requirements for resolution are also fulfilled.
Amendment 206 #
2013/0253(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) It is necessary to ensure that the Fund is fully available for the purpose of the resolution of failing institutions. Therefore, the Fund should not be used for any other purpose than the efficient implementation of resolution tools and powers. Furthermore, it should be used only in accordance with the applicable resolution objectives and principles. Accordingly, the Board should ensure that any losses, costs or other expenses incurred in connection with the use of the resolution tools are first borne by the shareholders and the creditors of the institution under resolution. It is only if the resources from shareholders and creditors are exhausted, that the losses, costs or other expenses incurred with the resolution tools should be borne by the Fund in relation to the share of activity of the failing bank in the Member States concerned.
Amendment 215 #
2013/0253(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) In order to ensure a fair calculation of contributions and provide incentives to operate under a model which presents less risk, contributions to the Fund should take account of the degree of risk incurred by credit institutions. In each Member State the contributions should amount to the same percentage target.
Amendment 217 #
2013/0253(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in order to determine the type of contributions to the Fund and the matters for which contributions are due, the manner in which the amount of the contributions is calculated and the way in which they are to be paid; specify registration, accounting, reporting and other rules necessary to ensure that the contributions are fully and timely paid; determine the contribution system for institutions that have been authorized to operate after the Fund has reached its target level; determine the criteria for the spreading out in time of the contributions; determine the circumstances under which the payment of contributions may be advanced; determine the criteria for establishing the annual contributions in the limits set by this Regulation; determine the measures to specify the circumstances and modalities under which an institution may be partially or entirely exempted from ex post contributions, and the measures to specify the circumstances and modalities under which an institution may be partially or entirely exempted from ex-post contributions.
Amendment 228 #
2013/0253(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Those uniform rules and procedure shall be applied by the Commission together with a Board and the resolution authorities of the participating Member States within the framework of a single resolution mechanism established by this Regulation. The single resolution mechanism shall be supported by a singlenetwork of national bank resolution funds which is centrally coordinated (hereinafter called the Fund).
Amendment 280 #
2013/0253(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. No action, proposal or policy of the Board, the Commission, the Council or a national resolution authority shall discriminate against entities referred to in Article 2, deposit holders, investors or other creditors established in the Union on grounds of their nationality or place of business.
Amendment 304 #
2013/0253(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Board and the Commission shall balance the factors referred to in paragraph 2 with the resolution objectives referred to in Article 12 as appropriate to the nature and circumstances of each case.
Amendment 308 #
2013/0253(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. No decision of the Board or the Commission shall require Member States to provide extraordinary public financial supportpublic funds to support the resolution action. No decision by the Council to allow for the borrowing by the Fund shall come into force before all participating Member States have informed the Secretary-General of the completion of their applicable national procedures.
Amendment 522 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the ECB or a national resolution authority after consultation of the ECB assesses that the conditions referred to in points (a) and (b) of paragraph 2 are met in relation to an entity referred to in Article 2, it shall communicate that assessment without delay to the Commission and the Board.
Amendment 544 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 5 – point c
Article 16 – paragraph 5 – point c
Amendment 556 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Having regard to the urgency of the circumstances in the case, the Commission shall decide, on its own initiative or taking into account, if any, the communication referred to in paragraph 1 or the recommendation of the Board referred to in paragraph 5, whether or not to place the entity under resolution, and on the framework of the resolution tools that shall be applied in respect of the entity concerned and of the use of the Fund to support the resolution action. TWhere the Commission, on its own initiative, may decide to place an entity under resolution if all the co intends not to adopt the recommendation submitted by the Board or to adopt it with amendments, it shall send the recommendation back to the Board, explaining why it does not intend to adopt it or, as the case may be, explaining the reasons for its intended amendments. The Commission may establish a deadline during which the Board may amend its initial recommendation on the basis of the Commission's proposed amendments and resubmit it to the Commission. If, on the expiry of the deadline established by the Commission, the Board has not submitted an amended recommendiations referred to in paragraph 2 are met. or has submitted an amended recommendation that is not formulated in a way consistent with the Commission's proposed amendments, the Commission may adopt its decision under the paragraph above with the amendments it considers relevant or reject the recommendation.
Amendment 564 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 7 a (new)
Article 16 – paragraph 7 a (new)
7a. Where the Board considers that the resolution action requires the support from the Fund in accordance with Article 71, it shall address the proposal for a draft decision referred to in paragraph 5 to the Council. In addition to the elements referred to in paragraph 5, such draft shall include a framework of the use of the Fund to support the resolution action.
Amendment 565 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 7 b (new)
Article 16 – paragraph 7 b (new)
7b. The Council shall decide, pursuant to the proposal submitted by the Board under paragraph 8 of this Article, whether or not to put the entity under resolution, and on the framework of the resolution tools that shall be applied in respect of the entity concerned. Where the Council intends not to adopt the recommendation submitted by the Board or to adopt it with amendments, it shall send the recommendation back to the Board, explaining why it does not intend to adopt it or, as the case may be, explaining the reasons for its intended amendments. The Council may establish a deadline during which the Board may amend its initial recommendation on the basis of the Council's proposed amendments and resubmit it to the Council. If, on the expiry of the deadline established by the Council, the Board has not submitted an amended recommendation or has submitted an amended recommendation that is not formulated in a way consistent with the Council's proposed amendments, the Council may adopt its decision under the paragraph above with the amendments it considers relevant or reject the recommendation. The Council shall act by qualified majority without taking into account the vote of the members of the Council which are not participating Member States.
Amendment 570 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Within the framework set by the Commission or Council decision, the Board shall decide on the resolution scheme referred to in Article 20 and shall ensure that the necessary resolution action is taken to carry out the resolution scheme by the relevant national resolution authorities. The decision of the Board shall be addressed to the relevant national resolution authorities and shall instruct those authorities, which shall take all necessary measures to implement the decision of the Board in accordance with Article 26, by exercising any of the resolution powers provided for in Directive [ ], in particular those in Articles 56 to 64 of that Directive [ ]. Where State aid is present, the Board may only decide after the Commission has taken a decision on that State aid.
Amendment 579 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 11
Article 16 – paragraph 11
11. The Commission and the Council shall have the power to obtain from the Board any information which it deems relevant for fulfilling its tasks under this Regulation and, where applicable, Article 107 TFEU. The Board shall have the power to obtain from any person, in accordance with Chapter 5 of this Title, any information necessary for it to prepare and decide upon a resolution action including updates and supplements of information provided in the resolution plans.
Amendment 584 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 12
Article 16 – paragraph 12
12. The Board shall have the power to recommend to the Commission or the Council to amend the framework for the resolution tools and for the use of the Fund in respect of an entity placed under resolution.
Amendment 632 #
2013/0253(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The resolution scheme adopted by the Board under Article 16(8) shall establish, in compliance with the decisions of the Commission on the resolution framework under Article 16(6) or of the Council under Article 16(7b) and with any decision on State aid where applicable by analogy the details of the resolution tools to be applied to the institution under resolution concerning at least the measures referred to in Articles 21(2), 22(2), 23(2) and 24(1), to be implemented by the national resolution authorities in accordance with the relevant provisions of Directive [..] as transposed into national law, and determine the specific amounts and purposes for which the Fund shall be used.
Amendment 638 #
2013/0253(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
In the course of the resolution process, the Board may amend and update the resolution scheme as appropriate in light of the circumstances in the case and within the resolution framework decided upon by the Commission pursuant to Article 16(6) or by Council pursuant to Article 16(7b) respectively..
Amendment 676 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 6 – introductory part
Article 24 – paragraph 6 – introductory part
6. WThe Council may allow in a resolution framework adopted pursuant to the Article 16(8) that where an eligible liability or class of eligible liabilities excluded or partially excluded, pursuant to paragraph 5, and the losses that would have been borne by those liabilities have not been passed on fully to other creditors, a contribution from the Fund may be made to the institution under resolution to:
Amendment 689 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 9 – introductory part
Article 24 – paragraph 9 – introductory part
9. In extraordinary circumstances, where provided in the framework adopted by the Council pursuant to Article 16(8) further funding may be sought from alternative financing sources after:
Amendment 749 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) the Executive Director with voting right;
Amendment 756 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) the Deputy Executive Director with voting right;
Amendment 763 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) a member appointed by the Commission without voting right;
Amendment 773 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) a member appointed by the ECB without voting right;
Amendment 781 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
(e) a member appointed by each participating Member State, representing the national resolution authority, with voting right.
Amendment 912 #
2013/0253(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. The Single Bank Resolution Fund is hereby established. as a coordinated network of national resolution funds.
Amendment 931 #
2013/0253(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. In a period no longer than 10 years after the entry into force of this Regulation, the available financial means of the Fund shall in each participating Member State reach at least 1% of the amount of deposits of all credit institutions authorised in the participating Member States which are guaranteed under Directive 94/19/EC.
Amendment 936 #
2013/0253(COD)
Proposal for a regulation
Article 65 – paragraph 4
Article 65 – paragraph 4
4. If, after the initial period of time referred to in paragraph 1, the available financial means diminish below the target level specified in paragraph 1, contributions calculated in accordance with Article 66 shall be raised until the target level is reached. Where the available financial means amount to less than half of the target level, the annual contributions shall not be less than one fourth of the target levelhigher than 0.2% of covered deposits.
Amendment 963 #
2013/0253(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Where the available financial means are not sufficient to cover the losses, costs or other expenses incurred by the use of the Fund, the Board shall raise in accordance with Article 62 extraordinary ex post contributions from the institutions authorised in the territories of participating Member States, in order to cover the additional amounts. These annual extraordinary contributions shall not exceed 0.2% of covered deposits and shall be allocated between institutions in accordance with the rules set out in Article 66.
Amendment 967 #
2013/0253(COD)
Proposal for a regulation
Article 67 – paragraph 1 a (new)
Article 67 – paragraph 1 a (new)
1a. The cumulated amount of annual contributions referred to in Articles 65 to 67 shall not exceed 0.3 % of covered deposits.
Amendment 995 #
2013/0253(COD)
Proposal for a regulation
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3a. The payments from the Fund shall be allocated to the members of the network of national resolution funds in proportion to the level of activity the institution under resolution carries out in the Member States concerned.
Amendment 1008 #
2013/0253(COD)
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
Amendment 1037 #
2013/0253(COD)
Proposal for a regulation
Article 85 – paragraph 1
Article 85 – paragraph 1
From the date of application referred to in the second subparagraph of Article 88, the Fund shall be consideredreplace the resolution financing arrangement of the participating Member States under Title VII of Directive [ ].
Amendment 1040 #
2013/0253(COD)
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
1. The Board shall become fully operational by 1 January 20158.
Amendment 1046 #
2013/0253(COD)
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
Articles 7 to 23 and Articles 25 to 38 shall apply from 1 January 20158.
Amendment 58 #
2013/0238(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 4 a (new)
Article 3 – paragraph 1 – indent 4 a (new)
– a website, to be set up jointly by the Commission and the Member States, presenting the development cooperation projects of all Member States so as to enable EU citizens as a whole to keep up to date with their aims, performance, and success.
Amendment 222 #
2013/0139(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the transparency and comparability of fees charged to consumers on their payment accounts held within the European Union and provided by payment service providers located in the Union and rules concerning the switching of payment accounts within the Uniona Member State.
Amendment 231 #
2013/0139(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘transferring payment service provider’ means the current payment service provider from which theof the consumer who transfers information on all or some recurrent payments is transferredto the receiving payment service provider;
Amendment 232 #
2013/0139(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘receiving payment service provider’ means the new payment service provider with whom the consumer agrees on and opens a new payment account and to which the information on all or some recurrent payments is transferred by the transferring payment service provider;
Amendment 236 #
2013/0139(COD)
Proposal for a directive
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) ‘switching’ means, upon a consumer's request, transferring from oneonce from the transferring payment service provider to anoththe receiving payment service provider the information about all or some standing orders for credit transfers, recurring direct debits and recurring incoming credit transfers executed on a former payment account, with or without transferring the positive account balance from onethe former payment account to the othernew payment account or closing the former account within a Member State;
Amendment 242 #
2013/0139(COD)
Proposal for a directive
Article 2 – paragraph 1 – point r a (new)
Article 2 – paragraph 1 – point r a (new)
(ra) 'business day' means a day on which the relevant payment service provider of the payer or the payment service provider of the payee involved in the execution of a payment transaction is open for business as required for the execution of a payment transaction as defined in Article 4(27) of Directive 2007/64/EC;
Amendment 253 #
2013/0139(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of at least 20list of payment services accounting for at least 80% of the most representative payment services subject to a fee at national level. The list shall contain terms and definitions for each of the services identified.
Amendment 261 #
2013/0139(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 264 #
2013/0139(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify to the Commission the provisional lists referred to in paragraph 1 within 6 monthsone year of the entry into force of this Directive.
Amendment 267 #
2013/0139(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 274 #
2013/0139(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 281 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with a fee information document containing the list of the most representative services referred to in paragraph 51 of Article 3 and the corresponding fees for each service.
Amendment 291 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of financial services, the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package, and the fee for the entire package and the fee for any service that is not referred to in paragraph 1.
Amendment 295 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 300 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 304 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 313 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 328 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide upon request by the consumer with a statement of all fees incurred on their payment account at least annually. The statement may be provided or made available electronically.
Amendment 329 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. If payment services are provided as a single package, the statement referred to in paragraph 1 shall include, deviating from points (a) and (b) in subparagraph 1 in paragraph 2, the fees charged for the entire package during the relevant period.
Amendment 333 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 347 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 349 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the statement of fees, its common symbol and the order in which the servicMember States shall define the format of the statement of fees referred to in paragraph 51 of Article 3 shall be presented in the statement of fees.
Amendment 362 #
2013/0139(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that in their contractual and commercial information, payment service providers use, where relevant, the terms and definitions contained in the list of the most representative payment services referred to in Article 3, paragraph 51.
Amendment 363 #
2013/0139(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Payment service providers may use brand names to designate their services in their contractual and commercial information, subject to the condition that they identify, where relevant, the corresponding term in the list referred to in Article 3, paragraph 5. Payment service providers shall not use brand names in the fee information document or the statement of fees1.
Amendment 410 #
2013/0139(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure that the transferring and receiving payment service providers located in the Union provide a switching service within the same Member State as described in Article 10, or equivalent, to any consumer who holds a payment account with a payment service provider located in the Union.
Amendment 433 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Within onthree business days from the receipt of the authorisation referred to in paragraph 2, the receiving payment service provider shall request the transferring payment service provider to carry out the following tasks:
Amendment 459 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) set up within seven calendarbusiness days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation;
Amendment 474 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven calendarbusiness days of receiving the request, the time limit starting from the point after the transferring payment service provider received the consumer's verification;
Amendment 492 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 496 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
Amendment 503 #
2013/0139(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that fees, if any, applied by the transferring or the receiving payment service provider to the consumer for any service provided under Article 10, other than those referred to in paragraphs 1 to 3, shall be appropriate and in line with the actual costs of that payment service provider.
Amendment 508 #
2013/0139(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that any financial losfees and charges incurred by the consumer resulting from the non-complianceerrors of a payment service provider involved in the switching process with its obligations under Article 10 isare refunded by that payment service provider.
Amendment 510 #
2013/0139(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 537 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least one payment service provider in their territory within a Member State offers a payment account with basic features to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities.
Amendment 542 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall be able to designate, based on the principles of transparency, non-discrimination and proportionality, one, several or all payment service providers. The measures to be adopted by Member States in this respect shall not create distortions of competition between payment service providers and shall be based on the principles of transparency, non- discrimination and proportionality.
Amendment 554 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that consumers legally resident in the Union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1. Such a right shall apply irrespective of the consumer's place of residence. Member States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer. Before opening the payment account with basic features, payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory. Member States shall ensure that the payment service provider may rely on the declaration of the consumer to determine whether he/she already holds a payment account within its territory.
Amendment 568 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) where the conditions established by Chapter II of Directive 2005/60 or other relevant Union and national legislation are not satisfied.;
Amendment 576 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 3 – point b a-b (new)
Article 15 – paragraph 3 – point b a-b (new)
(ba) where there are weighty grounds for the refusal; (bb) the weighty grounds shall be linked to the consumer or his/her earlier behaviour. Such grounds may relate for instance to (a) criminal offences such as fraud committed by the consumer; (b) false and misleading information provided by the consumer resulting to an unjustified access to a payment account with basic features; (c) a risk for the payment service provider of supporting criminal activities; (d) essential and persistent breaches of contract; or (e) any other grounds being similar to ones listed in paragraph 2, points (a) to (d).
Amendment 589 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the refusal, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy or the relevant Union or national legislation.
Amendment 591 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 598 #
2013/0139(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall ensure that a payment account with basic features includes the followingessential payment services. Member States shall take into consideration the Recommendation 2011/442/EU when determining which payment services: are essential.
Amendment 599 #
2013/0139(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 601 #
2013/0139(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 604 #
2013/0139(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 611 #
2013/0139(COD)
Proposal for a directive
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
Amendment 627 #
2013/0139(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 640 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a reasonable fee.
Amendment 656 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 658 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Member States shall ensure that a payment service provider may unilaterally terminate a framework contract under terms and conditions which are non- discriminatory and reasonable under relevant Union or national legislation.
Amendment 660 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The payment service provider may unilaterally terminate a framework contract where at least one of the following conditions is metfor instance when:
Amendment 664 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the consumer deliberately used or abused the account for criminal activitiillegal purposes;
Amendment 665 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
Amendment 679 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 – point d a (new)
Article 18 – paragraph 2 – point d a (new)
(da) the consumer provided false or misleading information which is essential for the contractual relationship;
Amendment 681 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 – point d b (new)
Article 18 – paragraph 2 – point d b (new)
(db) the consumer perpetrated essential breach of the contract;
Amendment 683 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 – point d c (new)
Article 18 – paragraph 2 – point d c (new)
(dc) the consumer has rejected an offer of altered terms and conditions made by the payment service provider pursuant to Directive 2007/64/EC.
Amendment 684 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. In these or similar cases, the payment service provider has right to terminate the contract immediately or as soon as possible.
Amendment 685 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2b. The payment service provider's right to terminate a framework contract is without prejudice to obligations to terminate the contract or suspend the provision of the service under relevant Union or national legislation.
Amendment 691 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination at least 2 months before the termination enters into force, in writing and free of charge unless otherwise provided by the relevant Union or national legislation.
Amendment 710 #
2013/0139(COD)
Proposal for a directive
Article 23
Article 23
Amendment 713 #
2013/0139(COD)
Proposal for a directive
Article 24
Article 24
Amendment 715 #
2013/0139(COD)
Proposal for a directive
Article 25
Article 25
Amendment 733 #
2013/0139(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall adopt and publish, by [onetwo years after entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 50 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
For listed companies whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement or a reference to a non-financial statement containing information relating to mat least environmental, social and employeeters which are material for understanding the company's development, performance or position, including at least environmental and employee matters and on a voluntary basis, also for instance social matters, respect for human rights, anti- corruption and bribery matters, including::
Amendment 53 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subpoint iii
Article 46 – paragraph 1 – point b – subpoint iii
Amendment 60 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 2
Article 46 – paragraph 1 – point b – subparagraph 2
Where a company does not pursue policies in relation toreport on one or more of these matters, it shall provide an explanation for not doing so.
Amendment 68 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 78/660/EEC
Article 46 – paragraph 1 – point b– subparagraph 4
Article 46 – paragraph 1 – point b– subparagraph 4
Where a company prepares a comprehensivseparate report corresponding to the same financial year relying on national, EU-based or international frameworks and which covers the information provided for in paragraph 1(b), it shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(b), provided that such separate report (a) is part of the annual report.or referred to in the annual report.' or (b) is publicly available on the undertaking's website after the annual report has been published
Amendment 69 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 78/660/EEC
Article 46a – paragraph 1 – point g
Article 46a – paragraph 1 – point g
Amendment 80 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For listed parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement or a reference to a non- financial statement containing information relating to mat least environmental, social and employeeters which are material for understanding the company's development, performance or position, including at least environmental and employee matters and on a voluntary basis, also for instance social matters, respect for human rights, anti- corruption and bribery matters, including the following:
Amendment 82 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii
Amendment 86 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 4
Article 36 – paragraph 1 – subparagraph 4
Where the undertakings included in the consolidation taken as a whole do not pursue policies in relation toreport on one or more of these matters, the company shall provide an explanation for not doing so.
Amendment 88 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point b – introductory part
Article 2 – point 1 – point b – introductory part
Directive 83/349/EEC
Article 36 – paragraph 1 – point b – introductory part
Article 36 – paragraph 1 – point b – introductory part
(b) The following paragraphs 4,5 and 56 are added:
Amendment 90 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point b
Article 2 – point 1 – point b
Directive 83/349/EEC
Article 36 – paragraph 1 – point b – subparagraph 4
Article 36 – paragraph 1 – point b – subparagraph 4
Where a parent undertaking prepares a comprehensivseparate report corresponding to the same financial year, referring to the whole group of consolidated undertakings, relying on national, EU-based or international frameworks and covering the information provided for in the third subparagraph of paragraph 1, the parent undertaking shall be exempt from the obligation to prepare the non-financial statement set out in the third subparagraph of paragraph 1, provided that such comprehensive report is part ofseparate report is (a) is part of or referred to in the consolidated annual report.' or (b) is publicly available on the undertaking's website after the consolidated annual report. has been published
Amendment 92 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point b
Article 2 – point 1 – point b
Directive 83/349/EEC
Article 36 – paragraph 1 – point b – point 5 a (new)
Article 36 – paragraph 1 – point b – point 5 a (new)
In accordance Directive 2013/34/EU article 19 paragraph 4 the Member States may exempt small and medium-sized undertakings from the obligation to include non- financial information in their management report.
Amendment 100 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1
Article 46 – paragraph 1 – point b – subparagraph 1
(b) For listed companies whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement or a reference to a non-financial statement containing information relating to mat least environmental, social and employeeters which are material for understanding the company's development, performance or position, including at least environmental and employee matters and on a voluntary basis, also for instance social matters, respect for human rights, anti- corruption and bribery matters, including:
Amendment 109 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint iii
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint iii
Amendment 117 #
2013/0110(COD)
Proposal for a directive
Article 1 point 1 – point a
Article 1 point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 2
Article 46 – paragraph 1 – point b – subparagraph 2
Where a company does not pursue policies in relation toreport on one or more of these matters, it shall provide an explanation for not doing so.
Amendment 130 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 78/660/EEC
Article 46 – paragraph 4
Article 46 – paragraph 4
4. Where a company prepares a comprehensivseparate report corresponding to the same financial year relying on national, EU-based or international frameworks and which covers the information provided for in paragraph 1(b), it shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(b), provided that such separate report (a) is part of the annual reportor referred to in the annual report, or (b) is publicly available on the undertaking's website after the annual report has been published.
Amendment 133 #
2013/0110(COD)
Proposal for a directive
Article – point 2 – point a
Article – point 2 – point a
Directive 78/660/EEC
Article 46a – paragraph 1 – point g
Article 46a – paragraph 1 – point g
Amendment 161 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For listed parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement or a reference to a non- financial statement containing information relating to mat least environmental, social and employeeters which are material for understanding the company's development, performance or position, including at least environmental and employee matters and on a voluntary basis, also for instance social matters, respect for human rights, anti- corruption and bribery matters, including the following:
Amendment 169 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii
Amendment 177 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Where the undertakings included in the consolidation taken as a whole do not pursue policies in relation toreport on one or more of these matters, the company shall provide an explanation for not doing so.
Amendment 185 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point b
Article 2 – point 1 – point b
Directive 83/349/EEC
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Where a parent undertaking prepares a comprehensivseparate report corresponding to the same financial year, referring to the whole group of consolidated undertakings, relying on national, EU-based or international frameworks and covering the information provided for in the third subparagraph of paragraph 1, the parent undertaking shall be exempt from the obligation to prepare the non-financial statement set out in the third subparagraph of paragraph 1, provided that such comprehensive reportseparate report is (a) is part of or referred to in the consolidated annual report, or (b) is part ofublicly available on the undertaking's website after the consolidated annual report has been published.
Amendment 186 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point b
Article 2 – point 1 – point b
Directive 83/349/EEC
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5a. In accordance with Article 19(4) of Directive 2013/34/EU, the Member States may exempt small and medium-sized undertakings from the obligation to include non- financial information in their management report.
Amendment 82 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer, higher and/or heavier vehicles may be used in cross- border transport if the two Member States concerned already allow itor wish to allow such vehicles on a permanent basis since Directive 96/53/EC came into force and if the conditions for derogation under Article 4(3), (4) or (5 (4) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross- border use remains limited to two Member States where the existing infrastructure and the road safety requirements allSuch vehicles may also be used in cross border transport between Member States and neighbouring Member States where they are already allowed on provisional basis. Provisions to this effect are laid down itn a new Article 4 (7). This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect.
Amendment 100 #
2013/0105(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Using alternative engines that no longer rely only on fossil fuels and are therefore non-polluting or less polluting, such as electric or hybrid engines for heavy-duty vehicles or buses (mainly in urban or suburban environments) generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms. The solutions should also maintain the principle of technological neutrality.
Amendment 147 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/53/EC
Article 4 – paragraph 2
Article 4 – paragraph 2
(a) The word ‘national’ is deleted from points (a) and (b) of paragraph 12.
Amendment 163 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Transport operations shall be considered to not significantly affect international competition in the transport sector if they take place on the territory of a Member State or, for a cross-border operation, between only two neighbouring Member States who have both adopted measures taken in application of this paragraph, and ifunder this, and if , as regards dimensions, one of the conditions under (a) and (b) is fulfilled:
Amendment 172 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/53/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(ba) The following paragraph is added to Article 4: (3a) Commission should come up with a proposal for a harmonised approach for procedures for issuing special permits by competent authorities in different member states and/or regions allowing indivisible loads to circulate.
Amendment 183 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 96/53/EC
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
(5a) The following paragraph 7a. is added to Article 4: 7a. Neighbouring Member States that on a permanent basis since Directive 96/53/EC entered into force allow road transport of goods with vehicles or vehicle combinations with weights and/or dimensions deviating from Annex 1 as provided in Article 4.1 a) and 4.2 a) and, as regards dimensions, in compliance with Article 4 (4) with the addition, as regards cross boarder operations, of deviations from Annex 1 point 1.3, may allow cross boarder operations between them with such vehicles and combinations. Such Member States and neighbouring Member States where longer, heavier or higher vehicles are provisionally allowed may likewise allow cross boarder operations between them on mutual agreement. The Member States will notify the Commission on this procedure.
Amendment 24 #
2013/0084(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 577/98
Article 7 c – paragraph 6 (new)
Article 7 c – paragraph 6 (new)
6. A delegated act adopted pursuant to Article 4(2) and Article 7a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by twohree months at the initiative of the European Parliament or the Council.’
Amendment 38 #
2013/0081(COD)
Proposal for a directive
Recital 2
Recital 2
(2) This Directive should respond to the need identified in the implementation reports of the two Directives to remedy the identified weaknesses, and to offer a coherent legal framework for different groups coming to the Union from third countries. It should therefore simplify and streamline the existing provisions for the different groups in a single instrument. Despite differences between the groups covered by this Directive, they also share a number of characteristics which makes it possible to address them through a common legal framework at Union level.
Amendment 43 #
2013/0081(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should promote the Union as an attractive location for research and innovation and advance the Union in the global competition for talent. Opening the Union up to third-country nationals who may be admitted for the purposes of research is also part of the Innovation Union flagship initiative. Creating an open labour market for Union researchers and for researchers from third countries was also affirmed as a key aim of the European Research Area (ERA), a unified area, in which researchers, scientific knowledge and technology circulate freely.
Amendment 54 #
2013/0081(COD)
Proposal for a directive
Recital 30
Recital 30
(30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 690 days, or, as soon as possible and at the latest within 3045 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application.
Amendment 64 #
2013/0081(COD)
Proposal for a directive
Recital 36
Recital 36
(36) To make the Union more attractive for third-country national researchers, students, pupils, trainees, volunteers and au pairs, it is important to ensure their fair treatment in accordance with Article 79 of the Treaty. TSome of these groups are entitled to equal treatment with nationals of the host Member State under Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. More favourable rights to equal treatment with nationals of the host Member State as regards branches of social security as defined in Regulation No 883/2004 on the coordination of social security schemes should be maintained for third-country national researchers, in addition to the rights granted under Directive 2011/98/EU. Currently the latterCurrently Directive 2011/98/EU foresees a possibility for Member States to limit equal treatment with regard to branches of social security, including family benefits, and this possibility of limitation cshould affectlso apply to researchers. In addition, independently on whether Union or national law of the host Member State gives third-country national school pupils, volunteers, unremunerated trainees and au- pairs access to the labour market, they should enjoy equal treatment rights with nationals of the host Member State as regards access to goods and services and the supply of goods and services made available to the public.
Amendment 70 #
2013/0081(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies with respect to Articles 21, 22, 23, 24, 25 and 29, especially in the context of Mobility Partnerships.
Amendment 78 #
2013/0081(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is appropriate to facilitate the admission of researchers through an admission procedure which does not depend on their legal relationship with the host research organisation and by no longer requiring a work permit in addition to a residence permit or a long-stay visa. This procedure should be based on collaboration between research organisations and the immigration authorities in the Member States. It should give the former a key role in the admission procedure with a view to facilitating and speeding up the entry and residence of third-country researchers in the Union while preserving Member States' prerogatives with respect to immigration policy. Research organisations approved in advance by the Member States should be able to sign a hosting agreement including where appropriate an employment contract with a third-country national for the purposes of carrying out a research project. Member States should issue an authorisation on the basis of the hosting agreement if the conditions for entry and residence are met.
Amendment 82 #
2013/0081(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Where appropriate, Member States should be encouraged to treat PhD candidates as researchers, but the Member States may also consider other educational degrees or practical experience as adequate for the specific research purposes.
Amendment 85 #
2013/0081(COD)
Proposal for a directive
Recital 30
Recital 30
(30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 690 days, or, as soon as possible and at the latest within 3045 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application.
Amendment 88 #
2013/0081(COD)
Proposal for a directive
Recital 33
Recital 33
(33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive, meaning a minimum of 210 hours per week. The principle of access for students to the labour market should be a general rule. However, in exceptional circumstances Member States should be able to take into account the situation of their national labour markets, although this must not risk entirely negating the right to work.
Amendment 92 #
2013/0081(COD)
Proposal for a directive
Recital 36
Recital 36
(36) To make the Union more attractive for third-country national researchers, students, pupils, trainees, volunteers and au pairs, it is important to ensure their fair treatment in accordance with Article 79 of the Treaty. TSome of these groups are entitled to equal treatment with nationals of the host Member State under Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. More favourable rights to equal treatment with nationals of the host Member State as regards branches of social security as defined in Regulation No 883/2004 on the coordination of social security schemes should be maintained for third-country national researchers, in addition to the rights granted under Directive 2011/98/EU. Currently the latterCurrently Directive 2011/98/EU foresees a possibility for Member States to limit equal treatment with regard to branches of social security, including family benefits, and this possibility of limitation cshould affectlso apply to researchers. In addition, independently on whether Union or national law of the host Member State gives third-country national school pupils, volunteers, unremunerated trainees and au- pairs access to the labour market, they should enjoy equal treatment rights with nationals of the host Member State as regards access to goods and services and the supply of goods and services made available to the public.
Amendment 94 #
2013/0081(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘unremunerated trainee’ means a third- country national who has been admitted to the territory of a Member State for a training period without remuneration as a part of his/her education in accordance with the national legislation of the Member State concerned ;
Amendment 95 #
2013/0081(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘remunerated trainee’ means a third- country national who has been admitted to the territory of a Member State for a training period in return for which he/she receives remuneration in accordance with the national legislation of the Member State concerned and/or applicable collective agreement in the Member State;
Amendment 97 #
2013/0081(COD)
Proposal for a directive
Article 3 – point i
Article 3 – point i
(i) ‘au pair’ means a young third-country national who is temporarilyfor a defined period of time received by a host family in the territory of a Member State in exchange for light housework and/or taking care of children in order to improve his/her linguistic skills and his/her knowledge of the host country;
Amendment 100 #
2013/0081(COD)
Proposal for a directive
Article 3 – point m
Article 3 – point m
(m) ‘remuneration’ means the payment, whatever form it takes, received in consideration for the services performed and being considered under national legislation or established practiceand/or applicable collective agreement as a constituent element of an employment relationship;
Amendment 101 #
2013/0081(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) bilateral or multilateral agreements concluded between one or more Member States and one or more third countries.
Amendment 102 #
2013/0081(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies with respect to Articles 21, 22, 23, 24, 25 and 29, especially in the context of Mobility Partnerships.
Amendment 105 #
2013/0081(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. By way of derogation from Article 12(2)(b) of Directive 2011/98/EU, tThird- country national researchers shall be entitled to equal treatment with nationals of the host Member State as regards branches of social security, including family benefits, as defined in Regulation (EC) No 883/2004 on the coordination of social security schemes in accordance with Article 12(2)(b) of Directive 2011/98/EU.
Amendment 106 #
2013/0081(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) present a hosting agreement signed with a research organisation in accordance with Article 9(1) and Article 9(2) and an employment contract where according to national legislation there exists an employment relationship or a certificate of scholarship;
Amendment 110 #
2013/0081(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point e
Article 9 – paragraph 1 – subparagraph 2 – point e
(e) information on the legal or employment relationship between the research organisation and the researcher;
Amendment 111 #
2013/0081(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
(a) as a part of his/her education have signed a training agreement, approved if need be by the relevant authority in the Member State concerned in accordance with its national legislation or administrative practice, for a placement with a public- or private-sector enterprise or vocational training establishment recognised by the Member State in accordance with its national legislation or administrative practice.
Amendment 114 #
2013/0081(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
(b) prove, if the Member State so requires, that they have previous relevant education or qualifications or professional experience to benefit from the work experience that the training period is a part of his/her education in an educational establishment in the country of his/her origin.
Amendment 116 #
2013/0081(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The agreement referred to in point (a) shall describe the training programme, specify its duration, the conditions under which the trainee is supervised in the performance of this programme, his/her working hours, the legal relationship with the host entity and, where the trainee is remunerated, the remuneration granted to him/her and the employment contract.
Amendment 118 #
2013/0081(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States may require the host entity to declare thatconsider the actual need for labor force and consider whether the third country national is not filling a job or whether there are enough training posts for home country nationals.
Amendment 121 #
2013/0081(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
A Member State may consider whether the volunteer work is genuine or whether it has negative effects on the labour markets.
Amendment 122 #
2013/0081(COD)
Proposal for a directive
Article 14 – point a
Article 14 – point a
(a) be at least 178 but not more than 30 or, except in individually justified cases, more than 30 years of age and may not be a relative to the host family;
Amendment 125 #
2013/0081(COD)
Proposal for a directive
Article 14 – point b
Article 14 – point b
(b) provide evidence that the host family accepts responsibility for him/her throughout his/her period of presence in the territory of the Member State concerned, in particular with regard to subsistence, accommodation, healthcare, maternity or accident risks;
Amendment 127 #
2013/0081(COD)
Proposal for a directive
Article 14 – point c
Article 14 – point c
(c) produce an agreement between the au- pair and the host family defining his/her rights and obligations, including specifications about the pocket money to be received and adequate arrangements allowing or requiring him/her to attend courses, and participation in day-to-day family duties.
Amendment 128 #
2013/0081(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
The Member State may take other issues in consideration when deciding whether the host family is able to provide a good home for the au-pair for the duration of his/her stay.
Amendment 130 #
2013/0081(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) where the host entity or educational establishment was establishedis acting in the sole purpose of facilitating entry;
Amendment 131 #
2013/0081(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c a (new)
Article 18 – paragraph 1 – point c a (new)
(ca) there are other grave reasons to suspect that the host entity or educational establishment acts fraudulently;
Amendment 132 #
2013/0081(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Member States shall withdraw an authorisationmay withdraw or refuse to renew a residence permit issued on the basis of this Directive when it has been fraudulently acquired or wherever it appears that the holder did not meet or no longer meets the conditions for entry and residence provided by articles 6 and other relevant articles of this Directive or is residing for purposes other than that for which he/she was authorised to reside, especially in the following cases :
Amendment 134 #
2013/0081(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) where the host entity was establishedis acting for the sole purpose of facilitating entry;
Amendment 140 #
2013/0081(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. By way of derogation from Article 12(2)(b) of Directive 2011/98/EU, tThird- country national researchers shall be entitled to equal treatment with nationals of the host Member State as regards branches of social security, including family benefits, as defined in Regulation No 883/2004 on the coordination of social security schemes in accordance with Article 12(2)(b) of Directive 2011/98/EU.
Amendment 143 #
2013/0081(COD)
Proposal for a directive
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Each Member State shall determine the maximum number of hours per week or days or months per year allowed for such an activity, which shall not be less than 210 hours per week, or the equivalent in days or months per year.
Amendment 144 #
2013/0081(COD)
Proposal for a directive
Article 24
Article 24
Amendment 146 #
2013/0081(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 (new)
Article 24 – paragraph 1 – subparagraph 1 (new)
Member States may require the business founded by the third country national to fulfill certain conditions in order to ascertain that it is a genuine enterprise.
Amendment 151 #
2013/0081(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The competent authorities of the Member States shall decide on the complete application for an authorisation and shall notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, as soon as possible and at the latest within 690 days from the date on which the application was lodged, and within 3045 days in the case of third-country national researchers and students covered by Union programmes including mobility measures.
Amendment 153 #
2013/0081(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
A third-country national who has been admitted as a researcher under this Directive shall be allowed to carry out part of his/her research in another Member State during the period of the long-term visa and residence permit under the conditions as set out in this Article.
Amendment 154 #
2013/0081(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
If the researcher stays in another Member State for a period of up to six months, the research may be carried out on the basis of the hosting agreement concluded in the first Member State, provided that he/she has sufficient resources in the other Member State and is not considered as a threat to public policy, public security or public health in the second Member State. The researcher needs to spend at least one month in the first Member State before moving to stay in another Member State for research. The research establishment of the first Member State carries no responsibility concerning the researcher while she/he is in the other Member State if not otherwise agreed. If the hosting or employment contract in the first Member State does not include or is not appropriate for the stay in the other Member State, a new contract should be agreed, possibly also with a receiving research establishment in the second Member State. Normally the second Member State should just be notified of the entry of the researcher, but if the other Member State refuses to allow his/her stay, the researcher is to travel back to the first Member State on his/her own cost, if not otherwise agreed.
Amendment 157 #
2013/0081(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The competent authorities of the Member States shall decide on the complete application for an authorisation and shall notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, as soon as possible and at the latest within 690 days from the date on which the application was lodged, and within 3045 days in the case of third-country national researchers and students covered by Union programmes including mobility measures.
Amendment 158 #
2013/0081(COD)
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twohree years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 163 #
2013/0081(COD)
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twohree years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 86 #
2013/0045(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point f
Article 2 – paragraph 1 – point 8 – point f
Amendment 99 #
2013/0045(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to all financial transactions, on the condition that at least one party to the transaction is established in the territory of a participating Member State and that a financial institutions established in the territory of a participating Member State isare partyies to the transaction, acting either for itstheir own account or for the account of another person, or is acting in the name of a partyies to the transaction.
Amendment 101 #
2013/0045(CNS)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The tax introduced through this directive must not be levied on entities established outside the territory of the participating Member.
Amendment 102 #
2013/0045(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) pension funds.
Amendment 129 #
2013/0045(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
Amendment 131 #
2013/0045(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
Amendment 133 #
2013/0045(CNS)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 135 #
2013/0045(CNS)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 162 #
2013/0045(CNS)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 43 #
2013/0028(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The principle of reciprocity is an important means of counteracting distortion of competition; this principle should apply to companies from third countries that wish to participate in tendering procedures within the Union.
Amendment 69 #
2013/0028(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The principle of reciprocity is an important means of counteracting distortion of competition; this principle should apply to companies from third countries that wish to participate in tendering procedures within the Union.
Amendment 74 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 3
Article 2a – paragraph 3
Amendment 82 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 6 – point b
Article 2a – paragraph 6 – point b
Amendment 97 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a a (new)
Article 1 – point 4 – point a a (new)
Regulation (EC) No 1370/2007
Article 5 – paragraph 5a (new)
Article 5 – paragraph 5a (new)
The Member States may exclude from tendering procedures operators or undertakings where the control belongs directly or indirectly to a person or persons from a third country or third countries if such countries have no provisions which allow for competitive tendering bids for companies from the Member States of the Union or do not provide effective access to their markets. For the purposes of this paragraph, control shall be constituted by rights, contracts or any other means which, either separately or in combination and having regards to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.
Amendment 99 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No 1370/2007
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 204 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) 1370/2007
Article 2 a (new) – paragraph 3
Article 2 a (new) – paragraph 3
Amendment 249 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Amendment 285 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point -a c (new)
Article 1 – point 4 – point -a c (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
The following paragraph 3 a is added: “(3a) The Member States may exclude from tendering procedures operators or undertakings where the control belongs directly or indirectly to a person or persons from a third country or third countries if such countries have no provisions which allow for competitive tendering bids for companies from the Member States of the Union or do not provide effective access to their markets. For the purposes of this paragraph, control shall be constituted by rights, contracts or any other means which, either separately or in combination and having regards to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.”
Amendment 331 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No. 1370/2007
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 84 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) The identification of the general measures on preparedness, response and recovery, including cooperation mechanisms between the public and private sectors and between the public and third sectors;
Amendment 144 #
2013/0027(COD)
Proposal for a directive
Annex 1 – paragraph 1 – point 2 – point b
Annex 1 – paragraph 1 – point 2 – point b
(b) The CERT shall establish cooperative relationships with private sector and the third sector.
Amendment 159 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
(da) improve the storage and use of passwords, like increasing the use of hash function or password management utilities.
Amendment 195 #
2013/0027(COD)
Proposal for a directive
Article 13
Article 13
Without prejudice to the possibility for the cooperation network to have informal international cooperation, the Union may conclude international agreements with third countries or international organisations allowing and organizing their participation in some activities of the cooperation network. Such agreement shall take into account the need to ensure adequate protection of the personal data circulating on the cooperation network. On international level the Union shall aim at influencing the social networking service providers so that finding adequate security arrangements is not left to the user but automatically maximum security and encryption of messages is provided, after which the user may consciously allow the security settings to be adjusted leaner for specific purposes.
Amendment 229 #
Amendment 148 #
2013/0025(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) for providers of gambling services, when carrying out occasional transactions amounting to EUR 2 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked. Member States may exclude from due diligence measures certain types of gambling services where the risk of money laundering is minimal due to the low stakes used and the means by which these gambling services are provided making them an impractical and inefficient method for laundering money;
Amendment 293 #
2013/0025(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) for providers of gambling services, when carrying out occasional transactions amounting to EUR 2 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked. Member States may exclude from due diligence measures certain types of gambling services where the risk of money laundering is minimal due to the low stakes used and the means by which these gambling services are provided making them an impractical and inefficient method for laundering money;
Amendment 330 #
2013/0012(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Member States shall ensure that a sufficient number of publicly accessible refuelling points are available, with maximum distances of 150 km, to allow the circulation of CNG vehicles Union- wide by 31 December 2020 at the latest. An exception shall be permitted for sparsely populated regions, where refuelling points on main roads close to population centres shall be spaced not more than 250 km apart.
Amendment 233 #
2012/2870(RSP)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the continued implementation of legislation amending the 2008 law on foundations and broadening the scope of the restoration of the property rights of non-Muslim communities; calls on the relevant authorities to assist the Syriac community in clarifying the difficulties faced with property and land registration; calls for a solution for the large number of properties of the Latin Catholic Church which remain confiscated by the State; recalls the urgent need to continue vital and substantial reform in the area of freedom of thought, conscience and religion, in particular by enabling religious communities to obtain legal personality, by eliminating all restrictions on the training, appointment and succession of clergy, by recognising Alevi places of worships and by complying with the relevant judgments of the ECtHR and the recommendations of the Venice Commission; calls on Turkey to ensure that the Saint Gabriel monastery is not deprived of its lands, and that it is protected in its entirety; calls to safeguard the position of the Ecumenical Patriarchate of Constantinople; therefore calls for a change in legislation and its practical application so that Orthodox priests, bishops and the Patriarch need not be Turkish nationals, especially since the Patriarch is the head of the worldwide Orthodox Church, and calls for returning the property seized from the Patriarchate – especially churches and calls to preserve training of priests and to permit opening the Halki seminary;
Amendment 7 #
2012/2829(RSP)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 9 #
2012/2829(RSP)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 45 #
2012/2324(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that research studies do not yield a comprehensive picture of discrimination in employment, as the findings are often not comparable at national level, let alone throughout the EU, as for example different studies combine different grounds for discrimination;
Amendment 46 #
2012/2324(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recommends that, in order to facilitate regular monitoring of discrimination in employment, it is necessary to harmonise the basic data to be entered in the registers of the Member States’ labour inspectorates;
Amendment 35 #
2012/2322(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States maintain a margin of discretionhave the right to regulate online gambling in accordance with their own values and pursued objectives of general interest;
Amendment 43 #
2012/2322(INI)
Motion for a resolution
Recital B
Recital B
B. whereas currentlybecause of its specific nature and in application of the subsidiarity principle, the supply of online gambling services is not subject to sector- specific regulation at European Union level, remaining –and gambling has been excluded from secondary legislation such as the E- commerce, the Services, and the Consumer Rights Directives, while remaining, nevertheless –, subject to a number of EU secondary legislative acts;
Amendment 58 #
2012/2322(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity, which consequently falls within the scope of of a special nature, where therefore restrictions to the fundamental freedoms of the TFEU, notably the free movement of services, and any restrictions imposed thereto need to comply with those provided for by the TFEU, notably under Articles 51 and 52may be justified by overriding reasons in the public interest such as consumer protection, prevention of fraud or preservation of public order;
Amendment 70 #
2012/2322(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the risks involved in terms of consumer protection, fraud prevention and law enforcement against illegal activities, such as money laundering and match fixing, require coordinated action at EU leveleffective action;
Amendment 72 #
2012/2322(INI)
Motion for a resolution
Recital E
Recital E
E. whereas it is essential to introduce mechanisms for scrutinising sports competitions and financial flows, along with common supervisory mechanisms at the EU level;
Amendment 77 #
2012/2322(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a comprehensive overview of the online gambling market,sector in terms of information and data regarding domestic and cross-border, intra-EU and global, authorised and unauthorised offer, is currently missing;
Amendment 107 #
2012/2322(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that the, in application of the subsidiarity principle, Member States have the right to determine how the offer of online gambling services is to be organised and regulated, atnd the national levelright to enforce measures against illegal gambling services, while observing the basic EU Treaty principles;
Amendment 120 #
2012/2322(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 141 #
2012/2322(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to continue to carry out effective checks on compliance with EU law of national laws and practices, and to take legal action against gambling monopolies that do not reduce gambling opportunities or limit promotional activities for gambling in a consistent manner, in line with CJEU case-law;
Amendment 161 #
2012/2322(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the risks associated withat a general prohibition of online gambling services and withor excessive restrictions for consumers; calls on the Commission andn pose, and highlights the balance theat Member States to weigh, as part of the work of the group of experts on gambling services,need to find between the social costs of permitting regulated gambling activities againstversus the harmful effects of consumers resorting to illicit markets;
Amendment 172 #
2012/2322(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that Member States that open up their online gambling market must provide for a transparent procedure based on objective and non- discriminatory criteria,' online gambling sector must be in full compliance with EU law;
Amendment 188 #
2012/2322(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the expert group on gambling services and on the Commission to facilitate, as much as possible, the flow of data between regulators in the exchange of information among Member States in order to allow for the establishment of a common system for identifying players and to makesharing of best practices for example on obligatory reliable identification of players, enforcement measures against illegal operators as well as white lists and black lists and self- exclusion mechanisms applicable throughout the EU;
Amendment 219 #
2012/2322(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance for theof this expert group to work towards removing unnecessary administrative burdens that prevent legal online operators from offering their services to consumersas a step forward towards a cooperation between Member States and the Commission;
Amendment 231 #
2012/2322(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the competent national regulatory authorities should be able to agree on equivalence clausexchange good practices that would facilitate the application of national licenses, including agreement on technical standards foron technical standards and gaming equipment; and calls on the competent national regulatory authorities to introduce a regulatory principle whereby a gambling equipment; company can only operate (or bid for the required national licence) in one Member State if it does not operate in contravention of the law in any other Member State;
Amendment 247 #
2012/2322(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Agrees with the Commission that a fairproperly regulated offer of gambling services is necessary for consumer protection, because in its absence consumers are more likely to turn to unreliableillegal gambling websiteoperators;
Amendment 267 #
2012/2322(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to continue to explore measures at the EU levelactions to protect vulnerable consumers, including formalised cooperation between regulators, and the introduction of an online trustmark for legal operatornational competent authorities;
Amendment 273 #
2012/2322(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Asks the Commission to study what could be done to stop the practice that some companies based in another Member State market online-gambling services for example via satellite-tv or advertisement campaigns in a Member State where they are not licensed to offer their services;
Amendment 300 #
2012/2322(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to consider legislationexplore with Member States to create an EU-widenational self- exclusion register,s accessible by national authorities and licensed gambling operators, so that any customer who chooses to exclude him- or herselfself- excluding from one gambling operator has the opportunity to be automatically self- excluded from all other licensed gambling operators;
Amendment 320 #
2012/2322(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)1 could serve as self-regulatory initiatives can serve as contributions for identifying the content of common standards; reaffirms its position that, in as sensitive an area basis for identifying the content of common standard gambling, industry self- regulation can only complement but not replace national regulations;
Amendment 333 #
2012/2322(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that common standards for online gambling should address the rights and obligations of both the service provider and the consumer, including by means of measures tothe forthcoming European Commission Recommendations on consumer protection and advertising common standards for online gambling should include enforcement measures that Member States need to put in place for ensureing a high level of protection for players, particularly minors and other vulnerable persons, and the prevention of misleading advertisements as well as the prohibition of advertising by illegal operators;
Amendment 355 #
2012/2322(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recommends the introduction of uniform and pan-European common standards forexchange of best practices between Member States on electronic identification and cross border e-verification services; notes that the different registration procedures across the EU undermine regulated operators, and can push consumersas well as on enforcement measures such as the blacklisting and the banning of illegal websites, definition of safe and traceable payment solutions and banning measures for transactions in order to ensure that consumers cannot turn into the hands of illegal operators;, calls, therefore, on Member States for registration and identification procedures to be streamlined and made more efficient;
Amendment 361 #
2012/2322(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of funding from gambling for public interest causes, calls for the specific features and the sustainable contributions from lotteries to society to be recognised and taken into account in any coordinated approach at EU level;
Amendment 366 #
2012/2322(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls for the strict regulation or the prohibition, after an evaluation conducted at the level of each Member State, of dangerous forms of gambling;
Amendment 373 #
2012/2322(INI)
17. Stresses the fact that online gambling is a non-cash-based environment and that – given the dependency on third-party financial service providers –consumer / card not present (CNP) environment and therefore additional safeguards against money laundering canneed to be found in the EU's regulatory framework for establishing and licensing financial service providersservice providers procedures such as a reliable electronic identification at registration phase;
Amendment 94 #
Amendment 95 #
2012/2318(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that, barring the Russian sea areas, the Baltic Sea is an EU inland sea and a vital traffic route for several coastal states; notes that the stability of the Baltic Sea region and the smooth running of maritime transport depend on reconciling political interests, both of individual EU Member States and between the EU and Russia; notes that the political stability of the Baltic is bound up with matters related to protection of the position of language minorities in coastal states, energy transportation operations, the busy merchant shipping traffic, possible oil tanker accidents, and contamination of fish stocks and the environment; notes that further challenges are posed to maritime safety and security in the Baltic by the chemical weapons on the seabed, dumped after the end of the Second World War, the obsolete nuclear power plants along the shores, possible terrorist attacks on energy shipments, and possible illegal arms shipments via Baltic ports;
Amendment 140 #
2012/2318(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses that the ‘Pooling and Sharing’ priority put forth by the EU to bring about more coordination, smarter defence spending and greater economies of scale among the Member States, has yet to deliver results, including in the field of maritime security capabilities; deplores the fact that, the blind austerity measures imposed on bailed-out Member States with strong maritime traditions and naval capabilities such as Portugal, Greece and Ireland, and also Spain, may actually have a negative impact on EUthe maritime capabilities and strategic assets, forcing of EU Member States, given that they might be thempted to sell the control of ports and maritime routes, shipyards, naval technology industries and other critical maritime and naval infrastructure to competing powers;
Amendment 143 #
2012/2318(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Commends the work of the EDA in laying the groundwork for achieving ‘Pooling and Sharing’ through harmonising requirements and projects as regards naval training and logistics; welcomes the Wise Pen team’s 2012 study of maritime requirements and capabilities; in light of the EDA’s mandate and expertise, urges the Members States to resort to its advice and technical assistance when faced with the need to cut defence budgets, so as to avoid compromising strategic capability development across the EU, which needs to address gaps and shortfalls in a coordinated manner; encourages Member States to work with the EDA to identify capability needs, particularly civilian, military and dual-use capabilities in the maritime domain; urges the HR/VP, assisted by the EDA and DG Maritime Affairs and Fisheries, to identify all naval and maritime assets that meet the maritime capabilities and requirements of 2012 and which are at risk of being lost by EU Member States as a result of financial and economic constraints, and to look at ways to preserve them and put them at the service of the EU Integrated Maritime Policy and the future EMSS;
Amendment 152 #
2012/2318(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for the creation of a truly European coastguard, based on the experience already gained by Frontex and the European Patrol Networkcooperation among EU agencies, the Commission, and Member States’ coastguard authorities to be intensified and developed;
Amendment 14 #
2012/2301(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Observes that, since the beginning of the crisis, the unemployment rate for women in many Member States has consistently been higher than that for men, which only adds to the existing challenges women are facing in the labour market, including direct or indirect discrimination, double discrimination of women with disabilities, gender pay-gap, part-time work, precarious working conditions, in-work poverty, high concentration in the informal sector with lower earnings, less social protection and insufficient pension rights; in this respect, asks the Commission to issue a recommendation to the Member States on combating labour market segmentation leading to women's insufficient access to quality employment with decent remuneration;
Amendment 36 #
2012/2301(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Invites Member States to support women's participation in the labour market by measures such as guaranteeing freaffordable access to public childcare and care services for dependent persons, increasing resources for education, and professional qualification programmes;
Amendment 52 #
2012/2301(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned at the deep cuts in public expenditure resulting from the imposition of austerity measseverely reduced government abilities to finance public expenditures, leading to severe cutbacks in public-sector jobs and services which are forcing many women to shift from paid to unpaid work, exposing them to a high risk of poverty;
Amendment 6 #
2012/2295(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the development of a more innovative, resource-efficient and competitive society which can ensure that food security goes hand in hand with the sustainable use of renewable resources, and stresses that fuel should be derived primarily from those by-products from the food production chain and from wood processing for which no more valuable use exists according to the waste hierarchy and that, if crops are used which contain energy in a very concentrated form and which can also be processed into food products, the needs of adequate food production must be met and strict conditions must also be complied with as regards the promotion of nature conservation and of biodiversity;
Amendment 10 #
2012/2295(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that 22 million people are already employed in the bioeconomy, which also has strong potential to employ millions more people;
Amendment 14 #
2012/2295(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to the fact that the bioeconomy can provide considerable additional income for farmerprimary producers such as farmers, fishermen and owners of forests;
Amendment 17 #
2012/2295(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to develop participatory models which can be used to forge closer links between citizens and end-usproducers with a view to fostering a closer relationship between science, society and politics, and to point out the benefits of the bioeconomy and its importance for society, growth, jobs and social innovation;
Amendment 20 #
2012/2295(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for more detailed research into the opportunity costs involved, given the impact of the bioeconomy on the use of scarce natural resources and the environmental cits costs in terms of losts of the resultant loss of biodiversitybiodiversity due to possible wrong methods of application and in terms of damage to the environment;
Amendment 24 #
2012/2295(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to offer degree courses on the bioeconomy and to develop vocational training programmes to ensure that the EU playsmake it possible to attain in all respects and to ensure a pioneering, innovative and leading role in this field for the EU;
Amendment 25 #
2012/2295(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. SCalls for a substantial increase in bioeconomy research, and stresses that the EU must seek to improve its capacity to innovate by turning the results of research into commercial success as it currently takes too long for the EU to transform research and innovation results into marketable products;
Amendment 26 #
2012/2295(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Considers that the bioeconomy makes it possible to produce industrial and consumer commodities at lower costs, using less energy and creating less environmental pollution;
Amendment 27 #
2012/2295(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for the development of industrial infrastructure and optimised supply chains for bio-based products in rural and coastal areas with a view to creating new jobs in agriculture, forestry and aquaculture; calls for EU rural development funding to be made available for this purpose and for this to be done in such a way as to reduce, rather than increasing, damage to the environment and biodiversity loss.
Amendment 11 #
2012/2294(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls Parliament’s resolution on developing the job potential of a new sustainable economy (2010/2010(INI)), which ‘calls… for the adoption…of the ILO’s definition, according to which all jobs which promote sustainable development are green jobs; points out that the definition includes, firstly, jobs which directly reduce consumption of energy and resources, protect ecosystems and biodiversity and minimise waste production and air pollution and, secondly, all jobs which reduce the environmental footprint; recognises that, owing to the relative nature of the definition, the job potential cannot be definitively determined’; considers, therefore, that eco-innovations have an important place in all industrial and manufacturing sectors, and cannot be restricted to specific areas of production;
Amendment 13 #
2012/2294(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the wide spectrumvariety of employment opportunities at varying skills lpotential offered by eco- innovations; takes into account the jobs in eco-design and in research, devels opmened up by eco-t and innovation work and the bioeconomy, particularly with regard to recycling/reuse processing, eco-design, and investment in the knowledge sectoknowledge industry which call for a high level of education, but also the tasks in the production sector which require less schooling; notes, however, that eco- innovations which improve or amend the production chain can be proposed or made by any worker;
Amendment 17 #
2012/2294(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of eco- innovations which can be applied at the level of dwellings, properties and farms, because they enable citizens’ own active participation and the job-creating activities of micro-businesses, e.g. in the local treatment and re-use of waste, in energy production and saving and in other areas of eco-innovation;
Amendment 26 #
2012/2294(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that commercial activity based on eco-innovation must in the long run be sustainable in business terms, and must not rely on public support mechanisms which distort competition and which have an input-to-output ratio that is of questionable value in promoting eco-innovations;
Amendment 38 #
2012/2294(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for the exploitation of the best eco-innovations to be promoted particularly in developing countries, where for example a more effective process for the production of charcoal, composting toilets, the use of renewable energy sources, water purification systems and many other innovations may significantly and at a relatively low cost improve the quality of life, enhance health and promote sustainable entrepreneurship and employment;
Amendment 117 #
2012/2293(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 169 #
2012/2293(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges Member States to retain an ambitiousdequate budget for the 2014-2020 multiannual financial framework, identifying cohesion policy as a driver of recovery; calls on Member States to facilitate and speed up the reallocation of unused monies from the Structural Funds to energy efficiency and renewable energy projects in the social housing sector during the 2007-2013 programme planning period, having regard to the conclusions of the European Compact for Growth and Jobs;
Amendment 255 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 4
Paragraph 16 – indent 4
– implementation of effective policies to stop tenants being evicted, such as financial advice and other support for housing, on the basis that temporarily covering rent payments and arrears of rent ismay even be a less costly option for the relevant authorities,public purse if in the longer term the ability of tenants to pay their rent and meet their need for rented housing is increased to a sustainable level;
Amendment 300 #
2012/2293(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges Member States to adopt integrated measures, based on local energy audits, for combating energy poverty: reducing energy costs for the most vulnerable households (by means of social tariffs, support on a one-off basis or as part of other social assistance, action to prevent non-payment of bills and protection against the cutting-off of supplies) and supporting measures to help residents develop a more economical lifestyle, while at the same time using effective long-term financial leverage to make residential buildings more energy efficient;
Amendment 322 #
2012/2293(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Asks Member States to develop national energy poverty databases to be forwarded to the European Housing Observatory;
Amendment 8 #
2012/2292(INI)
Motion for a resolution
Citation 17
Citation 17
Amendment 16 #
2012/2292(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, according to the Commission’s TCA database, the number of European transnational company agreements has increased significantly and whereas this indicates that labour relations in Europe are becoming increasingly integratedin EU/EEA territory is fewer than 70;
Amendment 20 #
2012/2292(INI)
Motion for a resolution
Recital B
Recital B
B. whereas themore are no judicial and/or extrajudicial procedures for settling disputes which arise when interpreting and performing these agreend more new TCAs contain agreements on dispute resolution procedures, as both employees’ and employers’ organisations recommentsd;
Amendment 24 #
2012/2292(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the legal status of these agreements at European levelvaries, as laws on working life and ion relation to national legal orders is unclearagreements differ nationally in accordance with the subsidiarity principle;
Amendment 33 #
2012/2292(INI)
Motion for a resolution
Recital F
Recital F
F. whereas it is a particular feature of the European Social Dialogue that itEuropean dialogue promotes the preservation and growth of employment, improvements in working conditions and thus greater prosperity for employees of transnational undertakings by innovative means while preserving national autonomy in collective bargaining;
Amendment 46 #
2012/2292(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that this resolution is concerned with European transnational company agreements concluded by European trade union federations and European employers or employers’ federations, generally at sectoral level,(TCAs) and that the resolution does not concern international transnational company agreements (ITCA) signed by international trade union federations with undertakings;
Amendment 51 #
2012/2292(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that in the medium term an optional European legal framework should be adopted for these European transnational companypractices relating to these European transnational company agreements should be promoted which recognise the contracting parties’ contractual autonomy and it is recommended that provisions be incorporated in the agreements concerning dispute resolution; stresses that there is no need for a European legal framework for these agreements;
Amendment 70 #
2012/2292(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that TCAs differ from one another, for example as regards extent of applicability, scope and signatories, in accordance with the purposes, points of departure, needs and objectives of those parties, that businesses and corporate cultures differ substantially from one another and that contracting parties’ autonomy to create different kinds of TCA must be respected;
Amendment 73 #
2012/2292(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Proposes that the social partners take as their basis an optional European legal framework in order, even before negotiations at European level, to eliminate certain potential problems at source and in order to have their attention drawn to regulatory solutions which have proved useful and effectivcontracting parties draw up TCAs carefully case by case in accordance with the needs of each enterprise and its employees to eliminate certain potential problems at source;
Amendment 77 #
2012/2292(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the applicatconclusion of such an optional legal framework should be optional for the social partnersTCAs is optional;
Amendment 82 #
2012/2292(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 93 #
2012/2292(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 102 #
2012/2292(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends introducing extrajudicial dispute settlement procedures; considers that, in European transnational company agreements, a first ad hoc contact point at undertaking level shouldObserves that, in European transnational company agreements, procedures may be agreed in order to bring about solutions to conflicts between the contracting parties;
Amendment 110 #
2012/2292(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends furthermore, as a second stage, introducing a European extrajudicial dispute resolution agency, to devise and then implement a tenable solution with the participation of the cont that the parties consider incorporacting parties, in which context the dispute resolution agency should be convened at the request of the European social partners voluntarily and from case to case in order to settle conflicts extrajudiciallyin TCAs provisions on a dispute resolution procedure;
Amendment 118 #
2012/2292(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends, in the medium termObserves, in view of the increasing transnationalisation of industrial relations, establishing over the next few ythat, if parties wish to give agreements legally binding status, this can be done by mearns an independent three- tier system of European labour courtsof clear references to the national legislative framework;
Amendment 122 #
2012/2292(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that there is no need at all to lay down basic principles concerning European TCAs;
Amendment 126 #
2012/2292(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends the establishment of fundamental criteria for European transnational company agreements which the negotiating parties should discuss and whose outcome they should record in writing in order to prevent problems of subsequent interpretation and application; notes that the following points, in particular, should be covered: the mandating procedure, i.e. clarification of the legitimacy and representativeness of the negotiating parties between which agreements are concluded,Believes that the parties to any TCA could, when negotiating the TCA, take account, for example, of the following facts: the place and date of conclusion of an agreement, substantive and geographical scope, the most favourable clause and the non- regression clause, the period of validity, the preconditions for denouncing the agreement and the dispute settlement procedures;
Amendment 132 #
2012/2292(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 1 #
2012/2262(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the significant shortcomings of directive 2004/25/EC, particularly with regard to its intended purpose as a tool to regulate takeovers and restructuring;
Amendment 2 #
2012/2262(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that workers' rights must be upheld throughout the takeover process and does not believe that this is guaranteed by the current Directive;
Amendment 4 #
2012/2262(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Opposes further liberalisation of existing EU regulations regarding employee rights during takeovers;
Amendment 9 #
2012/2262(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Understands that workers' participation, and employee share in ownership, is important to ensure fulla proper employee participation in, and a proper information flow throughout, the takeover process should be guaranteed regardless of a possible workers' participation in the running of the company or employee share in its ownership;
Amendment 11 #
2012/2262(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 14 #
2012/2262(INI)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 20 #
2012/2262(INI)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 239 #
2012/2259(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that, in order to guarantee supply security, the development of RES with fluctuating feed-in will necessitate rapidly deployable reserves of conventional energy not previously available; recognises that the development of reserve capacity entails substantial costs and that, to make the development or retention of conventional reserves more commercially attractive, it will increasingly need to be promoted; rejects the concept of competition for subsidies and calls for the principles of the market economy to be applied to the design of the energy market;
Amendment 41 #
2012/2258(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out the essential role of investing more in education and training, with priority for lifelong learning and promotion of healthy life styles, in order to prepare an active and productive ageing workforce;
Amendment 58 #
2012/2258(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Maintains that further reforms of pension systems are necessary in order to make them sustainable; more coherence must be established between the effective retirement age, the official retirement age and life expectancy, encourages the introduction of schemes whereby pension entitlements are accrued more rapidly in the last years before retirement and advocates taking life expectancy into account for the purpose of calculating pensions;
Amendment 15 #
2012/2256(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the sharp deterioration of public deficits and debt, which has been seen since 2009 in many Member States, has been triggered by the reaction of governments to the crisis, in the absence of European anticyclical instrumentsis a result of a very deep international recession, the effects of which were deferred due to the response of public authorities salvaging national economies by using hundreds of billions of euros in total;
Amendment 26 #
2012/2256(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the analysis of 2010 and 2011 statistics now clearly documents that the policy options taken caused a reversal of the mild recovery of 2010 resultinged from the premature and massive tightening of fiscal policy, with contractionary effects across Member States that still persistfact that postponing the effects of the deep crisis could not be continued by massive allocation of public money, but the negative effects had to be met and necessary restructuring of economies needed to be faced;
Amendment 49 #
2012/2256(INI)
Motion for a resolution
Recital I
Recital I
I. whereas eachall Member State iss are suffering from the consequences of its own fiscal tightening and of the synchronised rapid consolidation conducted by the other Member States; the crisis and face the necessity to move towards fiscal tightening and consolidation, and at the same time to try and improve the overall competitiveness of their economies in order to perform better in a tightening international competition;
Amendment 56 #
2012/2256(INI)
Motion for a resolution
Recital J
Recital J
J. whereas this fiscal tightening strategytends to freeze or forces down demand, wages and prices while driving up unemploymentthus increasing competitiveness, and a balance needs to be found to alleviate the consequences of temporarily reduced overall demand and increased unemployment especially in those economic sectors which need to be trimmed;
Amendment 63 #
2012/2256(INI)
Motion for a resolution
Recital K
Recital K
K. whereas recent International Monetary Fund (IMF) studies documensuggest that gradual and smooth fiscal consolidation is preferable to a strategy of reducing public finance imbalances too rapidly and abruptly, and thus an optimum speed needs to be sought in each Member State taking into consideration the country specific combination of boundary conditions;
Amendment 75 #
2012/2256(INI)
Motion for a resolution
Recital M
Recital M
M. whereas this shows that the gains from the internal market and common currency are spread very unevenlycompetitiveness of economies in the internal market and in the Eurozone vary a lot across the Member States, reducing the margin of manoeuvre of the weaker economies in response to crisis;
Amendment 77 #
2012/2256(INI)
Motion for a resolution
Recital N
Recital N
N. whereas austerity measures adopted by several Member States have reached an unprecedented dimension: the fiscal stance for Greece from 2010 to 2012 amounts to 18 points of GDP, for Portugal, Spain and Italy respectively 7.5, 6.5 and 4.8 points of GDP, without any significant signs of improvement of the economic and fiscal situation and with huge social disruption, calling for a new assessment of the policies imposed huge social disruption, but is getting better and producing some signs of improvement of the economic and fiscal situation;
Amendment 96 #
2012/2256(INI)
Motion for a resolution
Recital P
Recital P
P. whereas some surplus countries should have been asked tohave shared the adjustment burden not only by financial means but also by stimulating their own internal demand, notably by adjusting wages;
Amendment 103 #
2012/2256(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the Commission has been unable to makde a convincing case that the policy options imposed will deliver over time and that they will impact on society in a fair and acceptable waare necessary;
Amendment 116 #
2012/2256(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the fiscal discipline pillar should be developed hand in hand with the solidarity and democracy pillars in each Member State;
Amendment 118 #
2012/2256(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
Ua. whereas each Member State needs to find national unity over a reform strategy so that it may be understood and adhered to by the people and different economic actors, thus avoiding divisions, resistance and actions based on only short-term self- interest, which threaten the achievement of set targets;
Amendment 124 #
2012/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the recognition in the AGS 2013 that growth is necessary in order to exit the crisis, but doubts whether the positive signs of recovery seen by the Commission are accurate; warns of the risk of a continued contraction of economic activity over the coming year resulting from the aggregate negative effect of significant and simultaneous procyclical budget cuts across the euro areabefore a sustainable recovery starts to gain more momentum;
Amendment 140 #
2012/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to study seriously the possibility of spreading fiscal adjustment over a longer period, thereby providing additional temporary room for manoeuvre to re-igniteand propose how best to re- ignite and strengthen growth as soon as possible;.
Amendment 146 #
2012/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 159 #
2012/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that the recent debate on the size of the fiscal multiplier, notably following the IMF analysis on this matter in its latest World Economic Outlook, has been unduly downplayedto bye the Commissionaken into account, while a broad consensus has been emerging on this matter from recent theoretical and empirical work in the existing economic literature; considers this matter to be of central importance to policy-making, as wrong fiscal multipliers can lead to massive policy mistakes; calls on the Commission, therefore, rapidly to open its macroeconomic modelling and forecasting to serious and systematic scrutiny byto keep consulting independent institutes of economic studies on a regular basis;
Amendment 163 #
2012/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the recognition by the Commission of ‘a possible’ adjustment in the deadline for the correction of the excessive deficits as being justified, in full respect of the spirit and the letter of the Stability and Growth Pact; considers, however, that this recognition is already overdue;
Amendment 172 #
2012/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to reassess the Member States' situation in the light of the exceptional circumstances they are facing – ‘an unusual event outside the control of the [Member States] which has a major impact on the financial position of the general government or periods of severe economic downturn as set out in the revised SGP (…)’;
Amendment 175 #
2012/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Council to ease the path of consolidation for Member States with excessive deficits due to exceptional circumstances while ensuringnsure that ‘annual budgetary targets [...] are consistent with a minimum annual improvement of at least 0.5 % of GDP as a benchmark, in its cyclically adjusted balance net of one-off and temporary measures, in order to ensure the correction of the excessive deficit within the deadline set in the recommendation’, as formulated in the preventive arm of the SGP;
Amendment 182 #
2012/2256(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Council to balance productive public investment needs with fiscal discipline objectives by accommodatingssessing carefully the public investment programmes in its assessment of Stability and Convergence Programmes and excessive deficit procedures;
Amendment 187 #
2012/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to start developing as a matter of urgency a plan which wouldways to ensure that elements of fiscal discipline are in parallel followed up with concrete proposals on solidarity among Member States and democratic legitimacy as part of the Interinstitutional Agretructural reforms and encouraging both public and private investments that create elements on the European Semesterf growth;
Amendment 195 #
2012/2256(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Council to improve substantially the quality, the national specificity and the adequacy of the country-specific recommendations, notably through a competent interpretation of the macroeconomic imbalances exercise;
Amendment 202 #
2012/2256(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls the Commission and the Council to ensure that investments in research, development and innovation are intensified and streamlined and the results are quickly turned by the public and private sectors in Europe into competitive advantage and increased productivity;
Amendment 203 #
2012/2256(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls the Commission and the Council to intensify efforts to reduce dependency on imports of energy and raw materials in order to create a more environmentally, economically and socially sustainable Europe;
Amendment 209 #
2012/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and the Council to revise the recommended fiscal adjustment policies whenever economies move into recession, guaranteeing minimum levels of social welfare, safeguarding basic labour rights and avoiding a recessionary spiral; calls on the Commission and the Council to propose Union instruments for social protection and minimum social standards;
Amendment 230 #
2012/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that determined efforts by Member States to sustain public finances, at an appropriate pace, can only work if macroeconomic imbalancedeficits are reduced symmetrically;
Amendment 252 #
2012/2256(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 8 #
2012/2234(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that regulation of adequate, sustainable retirement income is the sole responsibility of the Member States in question and that the Commission should, where appropriate, encourage the Member States to look critically at their systems and engage in exchanges of experience; stresses that the EU should enhance the comparability of pension schemes and promote exchange of good practices, like increasing the accrual rate in the years immediately before the official retirement age or taking into account the life- expectancy coefficient;
Amendment 41 #
2012/2234(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that there are considerable differences between the Member States in terms of the composition of the 2nd pillar, and notes that in some Member States the work related pensions are mainly included in the first pillar.
Amendment 107 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Observes that the crisis has revealed the vulnerability of both funded and pay-as- you-go pension schemes; recommends that Member States consider, where appropriate, introducing or maintaining multi-pillar pension systems, consisting of at least, for example:
Amendment 124 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point ii
Paragraph 4 – point ii
ii. a funded, employment-related, mandatory collective second-pillar pension, preferablythat could be governed by (sectoral) social partners;
Amendment 133 #
2012/2234(INI)
Draft opinion
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Stresses the importance of using a uniform methodology to calculate long term sustainability of public finances and the share therein of pension-related obligations;
Amendment 136 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – subparagraph 1
Paragraph 4 – subparagraph 1
Amendment 243 #
2012/2234(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the call in the White Paper for developing funded, complementary occupational pensions and private savings; stresses, however, that the Commission should rather recommend collective mandatory occupational pension savings, as collective (second pillar) pension systems −- usually governed by (sectoral) social partners −- allow for solidarity within and between generations, whereas individual schemes do not; stresses the need to start building up complementary occupational pension systems now, despite the crisis;
Amendment 270 #
2012/2234(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets the wide dispersion in characteristics and outcomes across Member States' occupational pension schemes as regards access, solidarity, cost- effectiveness, risk and return; welcomes the Commission's intention, in close consultation with the Member States, social partners, the pension industry and other stakeholders, to initiate discussions on whether it could be feasible to develop a code of good practice for occupational pension schemes; notes that exchange of best practices or developing guidelines would offer the most appropriate approach to this issue;
Amendment 286 #
2012/2234(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises the significant heterogeneity of pension schemes across the EU yet emphasises the importance for workers changing jobs within or outside their Member State not to have their mobility hampered by concerns about acquiring and preserving occupational pension entitlements; underlines any action to promote mobility must be balanced with cost-effective provision of supplementary pension schemes by employers and must take into account the nature and purpose of pension schemes; endorses the approach advocated by the Commission to focus on safeguarding the acquisition and preservation of pensions entitlements, aiming at ensuring that dormant pension rights of mobile workers are treated in line with those of active scheme members or those of retirees; is of the opinion that mobility on the labour market is hampered by long vesting periods and calls on Member States to lower those;
Amendment 296 #
2012/2234(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to work ambitiously to set up and maintain tracking services that enable citizens to track their employment- and non-employment-related pension entitlements and thereby make timely and well-informed decisions on additional, individual (third-pillar) pension savings; calls for coordination at EU level to ensure adequate compatibility of the national tracking services; welcomes the Commission's pilot project in this field;
Amendment 3 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 2
Section 1 – paragraph 2
2. Calls on Member States to adopt growth-friendly policies aimed at maintaining and creating jobs; regrets that, contrary to budgetary discipline, employment has not been considered as a EU top priority increasing the risk that, considering the financiarisation of the economy, initiatives designed to stabilise financial markets are pro-cyclical in their impact in an ever more competitive environment; calls for economically, environmentally and socially sustainable employment to be considered as a EU top priority;
Amendment 25 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – introductory part
Section 1 – paragraph 6 – introductory part
6. Requests that in addition to the four building blocks outlined in the EMU roadmap, a fifth one, «Towards an integthe Member States promote the introduction a European Youth Guarantee, decent public services, decent living wages, social housing, a social protection floor to guarantede employment and social policy framework», is set up to promote:qual access to essential health services, income support and subsistence security, and protection of fundamental social and labour rights;
Amendment 29 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 1
Section 1 – paragraph 6 – indent 1
Amendment 38 #
Amendment 41 #
Amendment 46 #
Amendment 50 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 5
Section 1 – paragraph 6 – indent 5
Amendment 54 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 6
Section 1 – paragraph 6 – indent 6
Amendment 61 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 7
Section 1 – paragraph 7
7. Underlines that fiscal consolidation and economic recovery require a stable level of internal consumption and adequate contribution to the welfare state and social security systems, which can only be achieved with high levels of employment in a competitive economy;
Amendment 64 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 8
Section 1 – paragraph 8
8. Calls on the Commission and Council to ensure that policy guidance for fiscal consolidation is fully coherent with the Union's objectives of social and sustainable development, based on Article 9 TFEU and that it is supplemented by a growth and employment package, in a way that does not increase public debt;
Amendment 71 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 9
Section 1 – paragraph 9
9. Calls for the monitoring of access to capital market depending on the employment content of investments and for the alleviation of taxation on labour, shifting the burden to a better equilibrium with capital, but in a way that leads to increased private investments;
Amendment 76 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 10
Section 1 – paragraph 10
10. Deplores the fact that most Member States have not submitted a National Job Plan as part of their National Reform Programme 2012; considers that an integrated and strengthened economic policy framework must build oninclude the principles of sustainable development and employment, while promoting social cohesion;
Amendment 98 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 17
Section 1 – paragraph 17
Amendment 454 #
2012/2151(INI)
Motion for a resolution
Recital BZ
Recital BZ
Amendment 466 #
2012/2151(INI)
Motion for a resolution
Recital CA
Recital CA
Amendment 524 #
2012/2151(INI)
Motion for a resolution
Recital CH
Recital CH
Amendment 546 #
2012/2151(INI)
Motion for a resolution
Recital CJ
Recital CJ
Amendment 68 #
2012/2131(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that countries of origin have a responsibility for promoting integration into the labour marketshould recommend that the integration of their citizens into the labour market within the EU be promoted by means of language and other preparatory courses, the provision of information, and contacts with diaspora or the relevant departments of their embassies in host countries, but maintains that the actual responsibility for the organisation of such activities lies with host countries;
Amendment 74 #
2012/2131(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for language and integration programmes to cover the history, and culture of the host country concerned and the values and principles of European democracy and the rule of law, highlighting the role of women, and minority rights and the rights of LGBT people;
Amendment 83 #
2012/2131(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to facilitate foreign students’ access to their labour markets because people who have lived and completed their studies in a country and have mastered its language are thus already integrated; points out, moreover, that it makes no economic sense for the EU that resources invested in university graduates should be wasted because they cannot find jobs in the Union;
Amendment 125 #
2012/2131(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks that migrants should have easier access to the labour market and that they should be able to rely on the quick and inexpensive recognition andassessment – and, where appropriate, validation – of their diplomas, qualifications and skills;
Amendment 134 #
2012/2131(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and Member States to link refugee and labour market policy as far as possible and to give asylum seekers access to the labour market as quickly as possible;
Amendment 142 #
2012/2131(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 146 #
2012/2131(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 155 #
2012/2131(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises the potential of circular (labour) migration for producing a ‘triple win situation’ in which migrant, guest country and home country all benefit, and calls on the Member States to open the door to this type of immigration and emigration;
Amendment 169 #
2012/2131(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that many potential migrants face lengthy waiting times in Member States’ consulates in their home states and that rapid, reliable and smooth placement in a circular employment relationship is extremely difficult in these circumstances; therefore calls on the Commission and Member States to give more consideration to developing a common European consular service in the EU delegations;
Amendment 172 #
2012/2131(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls for EU border management to be so organised as to enable legal and illegal migration to be monitored with the aid of biometric identifiers;
Amendment 177 #
2012/2131(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on Member States to open up a route into legality, at least for people without papers who can earn their living through employment;
Amendment 193 #
2012/2131(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 13 #
2012/2098(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that co- and self-regulation cannot be a substitute for appropriate regulation in any of the areas covered by CSR, butand believes that it could underpin existing private and voluntary CSR initiatives bmay establishing minimum principles to ensure consistency, materiality, multi-stakeholder input and transparency;
Amendment 25 #
2012/2098(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Fully supports the Commission's intention to bring forward a legislative proposal on ‘non-financial disclosure’ by business; warns that use of the term ‘non- financial’ should not disguise the very real financial consequences for business of social, environmental and human rights impacts; calls for an ambitious proposal which places the EU at the heart of the many current international initiatives on mandato proposal on voluntary corporate sustainability reporting and which is fully in line with the objective of making Integrated Reporting, as currently developed by the IIRC, the global norm by the end of the decade;
Amendment 40 #
2012/2098(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the link between good corporate responsibility and good corporate governance can only be achieved if CSR is a mainstream part of the company affecting its day-to-day financial strategy; believes that the Commission should explore opportunities to ensurncourage that CSR strategy is agreed at board level.
Amendment 46 #
2012/2097(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that future key drivers for ‘scaling up’ CSR will include an emphasis on global CSR instruments, fresh momentum from leading businesses among their peers, the use of appropriate regulation, a robust impact analysis of existing CSR initiatives, and increasing recognition within both the business community and wider society of the scale of global social and environmental challenges;
Amendment 75 #
2012/2097(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 86 #
2012/2097(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 106 #
2012/2097(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes the financial crisis has shaken employee confidence in company obligations to meet long-term private pension entitlements; calls on companies to take action to redress the imbalance in the eyes of many employees, who believe that their pension entitlements have been disproportionately cut;
Amendment 112 #
2012/2097(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Endorses the emphasis given in the Commission communication to strengthening and implementing international standards, and – in view of the 2011 update of the OECD Guidelines and agreement of the UN Guiding Principles – believes that a major emphasis of EU action must now be on the full implementationsupport of those guidelines and principles;
Amendment 124 #
2012/2097(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 131 #
2012/2097(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that CSR iscan be an important tool in helping the EU to support the implementation of ILO conventions; supports the provision of funding to enable European trade unions to undertake pilot projects on the OECD Guidelines and other international CSR standards with a view to building capacity in third countries;
Amendment 139 #
2012/2097(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Endorses the view, dating from the June 2004 report of the Multi-stakeholder Forum, that public authorities can make a significant contribution by using convening, and incentivising and regulatory roles to advance CSR, and calls on the Member States to give major new impetus to these efforts;
Amendment 172 #
2012/2097(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 180 #
2012/2097(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Underlines that CSR is led by business and that companies must be able to report in a way which is appropriate and relevant for their particular situation;
Amendment 209 #
2012/2097(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recognises that the Laeken Declaration in 2001 points out that the EU institutions need to be brought closer to the Unions citizens;
Amendment 210 #
2012/2097(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Supports the development of the 'Solidarité proposal' for an inter- institutional human resources programme in the EU Institutions to facilitate the involvement of the Institutions' staff and trainees in community engagement through benevolent humanitarian and positive social activities, both as part of staff training and volunteering in their own time.
Amendment 16 #
2012/2078(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the need to improve national social governance atin the European levelUnion by disseminating best practices and making recommendations, in parallel with the establishment of European economic governance;
Amendment 23 #
2012/2078(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for enhanced surveillance of social and employment policies comparable to the provisions on the surveillance of national economic policiesthe effectiveness of national social and employment policies, so that European Union recommendations can be targeted correctly;
Amendment 30 #
2012/2078(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the establishment of employment and social benchmarkanalysis tools in addition to fiscal and macroeconomic benchmarks within the rules for binding supervision of budgetary discipline in the euro area to ensure the appropriate imple, in order that the impact of employment and social problems on the development of the economy may be taken into account when making recommentdation of Article 9 TFEUs;
Amendment 36 #
2012/2078(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the existence and aggravation of internal imbalances call for automatic stabilisers at EU or euro area level, such as a youth guarantee or a minimum unemployment allowanwithin the EU or between States in the euro area call for effective national solutions, which EU or euro area measures may to some extent support, but not replace;
Amendment 41 #
2012/2078(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that the work on own resources should be accelerated, as should that on labour mobility and a euro area budget, tolabour mobility and internal market of services, especially digital single marke it an optimal currency areat should be accelerated;
Amendment 46 #
2012/2078(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the balance between the social and economic policy provisions set out in Article 121 TFEU and Article 148 TFEU must be restoredshould be maintained, without prejudice to the fact that social policy falls within the competence of the Member States;
Amendment 65 #
2012/2078(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on Member States, where unjustified blocking minorities are preventing necessaryin their stability and growth programmess, to expand the principle of enhanced cooperation to social and employment policiesdevote attention to the wellbeing of the people, so that undesirable social and employment repercussions of remedies for short-term economic problems do not persist in the long term.
Amendment 21 #
2012/2065(INI)
Motion for a resolution
Recital L
Recital L
Amendment 27 #
2012/2065(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 39 #
2012/2065(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 41 #
2012/2065(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 57 #
2012/2065(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 70 #
2012/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to propose a specific directive withmap the Member States' provisions on minimum requirements for the vocational training of construction and maintenance workers, including construction professionals who are working incidentally with asbestos;
Amendment 78 #
2012/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the EU to startMember States to consider drafting action plans for asbestos removal at European, national and regnational levels, which are tocould for instance include: legislation; education and information; training for public employees; national and international training; awareness- raising activities related to the removal of asbestos and products containing asbestos from buildings, public amenities and sites of former asbestos factories; cleaning premises, building landfills and installations for the destruction of asbestos and asbestos-containing debris; monitoring of the implementation of regulations, exposure assessments of at-risk personnel, and health protection;
Amendment 85 #
2012/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 90 #
2012/2065(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 92 #
2012/2065(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to include a coordinated strategy on asbestos in the upcoming Community Strategy for Health and Safety 2014-20;
Amendment 94 #
2012/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 104 #
2012/2065(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 107 #
2012/2065(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to create binding minimum guidelindisseminate best practices on national guidelines and practices for national procedures for the recognition and compensation of asbestos-related diseases;
Amendment 113 #
2012/2065(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 2 #
2012/2040(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European market for card, internet and mobile payments is fragmented across national borders and only a few big players are able to get acceptance by merchants and to operate on a cross-border basis;
Amendment 10 #
2012/2040(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Green Paper does not tackle the cost of cash or cheque payments in comparison with card, internet and mobile payments, thus preventing an analysis of the economic and welfare cost of payments by cash or cheque;
Amendment 12 #
2012/2040(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the current business model for card payments allows sometimes excessive levels of MIFs, which constitute a barrier for competition;
Amendment 15 #
2012/2040(INI)
Motion for a resolution
Recital F
Recital F
F. whereas surcharges for the use of card payments are not allowed in some Member States but widely in use in some others and excessive surcharges have been to the detriment of consumers;
Amendment 16 #
2012/2040(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the SEPA Cards Framework requires customers to be able "to use general purpose cards to make payments and cash withdrawals in euro throughout the SEPA area with the same ease and convenience than they do in their home country. There should be no differences whether they use their card(s) in their home country or somewhere else within SEPA. No general purpose card scheme designed exclusively for use in a single country, as well as no card scheme designed exclusively for cross-border use within SEPA, should exist any longer."
Amendment 20 #
2012/2040(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Commends the Commission for providing the Green Paper and finds the considerations and questions posed therein to be highly relevant and fully agrees with the listed aims to get more competition, more choice, more innovation and more payment security as well as customer trust;
Amendment 21 #
2012/2040(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Agrees with the Commission that it is necessary to distinguish between three different product markets in the sphere of four-party bank card systems: first of all a market in which the various card systems compete to get financial institutions as their issuing or acquiring customers; then a first 'downstream' market, in which the issuing banks compete for the business of the bank card holders ('the issuing market'); lastly a second 'downstream' market, in which the acquiring banks compete for the merchants' business ('the acquiring market') and considers that free competition should be enhanced at every market;
Amendment 22 #
2012/2040(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Notes the importance of market- based self-regulation in cooperation among all stakeholders, but recognizes that self-regulation may not achieve desired outcomes in an acceptable timeframe due to conflicting interests; expects the Commission to come forward with necessary legislative proposals in order to help ensure a true SEPA for card, internet and mobile payments and notes in this respect the importance of the forthcoming review of the Payment Services Directive;
Amendment 23 #
2012/2040(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Underlines the need for a clear and comprehensive vision of a SEPA for cards, internet and mobile payments and provision of necessary guidelines and timelines to reach the basic goal that there should not be any difference between cross-border and national payments;
Amendment 24 #
2012/2040(INI)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. Underlines the need to advance towards a real-time clearing and settlement system, which technically is already within reach and used for some payments, and stresses that moving to a real-time economy should be an important goal SEPA-wide and that an advanced real-time interbank system would need to have SEPA-wide reachability;
Amendment 25 #
2012/2040(INI)
Motion for a resolution
Paragraph -1 e (new)
Paragraph -1 e (new)
-1e. Is therefore of the opinion that all national card, mobile and internet payment schemes should join or turn themselves into a Pan-European SEPA- compliant scheme so that all card and mobile and internet payments would be accepted everywhere in the SEPA and that a necessary period should be suggested by the Commission for this transition;
Amendment 26 #
2012/2040(INI)
Motion for a resolution
Paragraph -1 f (new)
Paragraph -1 f (new)
-1f. Believes that all card schemes whether four party, three party or mixed schemes and any new market entrants should be treated equally in order to ensure a level playing field also when all acquirers should need to accept all cards;
Amendment 27 #
2012/2040(INI)
Motion for a resolution
Paragraph -1 g (new)
Paragraph -1 g (new)
-1g. Notes that all terminals should be able to accept all cards and fulfil interoperability requirements and therefore any technical barriers resulting from differences in the functionality and certification requirements for terminals should be removed as common standards and rules and standardised terminal software would increase competition;
Amendment 31 #
2012/2040(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses concern at unduly tight regulation of internet and mobile payment markets at this stage because such payment methods are still in the process of development; asks the Commission to adopt a radically different and appropriate approach to these new payment methods in any future proposal, and considers it beneficial to harmonise certain new developments from the start before too much fragmentation is created;
Amendment 33 #
2012/2040(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that each payment method has its costs;grets that in the current situation most payment costs are non-transparent and those who do not use expensive payment methods still cover their costs; recalls that each payment method has its costs for all participants in the payment market and asks the Commission, therefore, also to consider in the future the cost of cash and cheque payments compared to other payment methods, including the peculiarities and social benefits of cash, and propose how less costly payment methods could be advanced in relation to the costlier ones;
Amendment 40 #
2012/2040(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that for internet and mobile payments most standards should be the same as for current SEPA-payments, but new standards are needed for security and identification of customers and to provide interbank online real-time delivery and underlines that developing new standards is not enough, coordinated implementation is at least as important;
Amendment 44 #
2012/2040(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that basically all payment transactions contain the same kind of data and stresses that there should be safe data communication for any payment allowing straight-through end-to-end real-time processing, and sees the advantages of all systems using the same message format, and reminds that the most obvious choice is the one used for credit transfer and direct debit as defined in the Annex of the SEPA End-date Regulation (i.e. ISO XML 20022) and recommends that it should be used in all transaction data communication from terminal to customer carrying all relevant information;
Amendment 45 #
2012/2040(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that ATM cash withdrawal fees outside the PSUs own bank and card scheme are often excessive in many Member States and should be more cost- based SEPA-wide;
Amendment 50 #
2012/2040(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Supports the involvement of all the parties concerned in the further development of common technical and security standards for payment schemes; notes that these parties may include – but are not necessarily restricted to – the European Payments Council (EPC), consumer organisations, the European Banking Authority, the Single Euro Payments Area (SEPA) Councilmerchant organisations and large retail chains, the European Banking Authority, the Commission, experts in various fields, non- banking payment service providers and representatives of mobile, internet and card payment providerscommerce, and they should arrange their work under new governance structure where the SEPA Council has a strong coordinating role;
Amendment 58 #
2012/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the separation of payment infrastructures from payment schemes could increase competition as smaller players would not be blocked out due to technical constraints; stresses that PSPs should be free to select any combination of issuing and acquiring services available within the payment schemes on the market and payment infrastructures should process neutrally transactions of different parallel payment schemes for similar instruments;
Amendment 61 #
2012/2040(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that consumer privacy should be protected in accordance with the European and national legislation and each party in the payment chain should only have access to data relevant to its processing and the rest would be bypassed encrypted;
Amendment 64 #
2012/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that further standardisation is needed to promotewould contribute to the further promotion of cross-border acquiring, an arrangement which would increase competition and the choices available for merchants and could result in more cost- efficient payment methods for customers;
Amendment 66 #
2012/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges that solutions to further facilitate cross- border acquiring be actively sought, in view of its advantages to the internal market; expresses concern at existing barriers such as licensing, which should be abandonedlegal and technical barriers, which should be removed in order for a non-domestic SEPA-compatible acquirer not to be treated differently to a domestic acquirer in that country;
Amendment 69 #
2012/2040(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that there should be no major differences between legislation of various payment accounts, and the payer should be able to make an internet or mobile funds transfer to any payee whose account is in any SEPA-connected financial institution;
Amendment 70 #
2012/2040(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Underlines that all authorised PSPs should have the same access right to clearing and settlement facilities, if they have adequate risk management procedures, fulfil minimum technical requirements and are deemed to be sufficiently stable so that they do not pose any risk, i.e. basically are subject to the same relevant requirements as banks;
Amendment 71 #
2012/2040(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Reminds, that according to the European Court of Justice ruling on the "Mastercard case" of 24 May 2012 the Multilateral Interchange Fee, MIF, may be considered anticompetitive and asks the Commission to propose how this ruling should be taken into account in regulating the business models of card, mobile or internet payments.
Amendment 73 #
2012/2040(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that MIFs can currently be justified as a mecurrent MIF revenues can be too high compared to the costs they should cover ansd to finance the four- party card payment systems; notes that the level of MIFs is sometimes higher than what the financing of the four-party payment system requirehat a zero MIF could be one alternative to be considered to promote competition and transparent pricing as every PSU would agree the applied service charges with the PSPs they would be using; points out that there might be a need to balance different payment charges in order to ensure that cross-subsidising practices would not promote inefficient instrument choices and asks the Commission to study different business models and evaluate their benefits and drawbacks;
Amendment 78 #
2012/2040(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reminds that according to the basic idea of SEPA there should be no difference between national and cross- border MIFs or MIFs of a PSP in two Member States; notes that the level of MIFs should converge or be reduced gradually within a set timeframe and expects the Commission to propose a transitional period to this effect including objective criteria for the difference of MIFs during the transitional period and underlines that eliminating national MIF differences would complement the provisions of Regulation 924/2009, which aims at eliminating the differences in charges for cross-border and national payments;
Amendment 82 #
2012/2040(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes that after a transitional period a person coming from any Member State should have his or her SEPA-compatible payment card accepted at every payment terminal in the SEPA, and the payment should be safely routed; notes that this requirement might imply that MIFs need to be regulated to fall under a threshold, and insists that this should not result in an increase of MIFs in any Member State but rather to a decrease and perhaps approach zero at some later stage.
Amendment 83 #
2012/2040(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Considers that the "Honour All Cards Rule" (HACR), the "Non- Discrimination rule" (NDC) and blending should be banned as anticompetitive practices;
Amendment 84 #
2012/2040(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Considers that cross-border and central acquiring should be enhanced and any technical or legal obstacle should be removed, as that this would help reducing the levels of MIFs and merchant fees;
Amendment 85 #
2012/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 106 #
2012/2040(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that co-badging which has been voluntarily entered upon by involved payment systems could be beneficial to consumers as it would result in fewer cards and a wider range of choicin the consumers' wallets, and facilitate national domestic schemes,' and wouldccess to the broader SEPA-market encourageing competition;
Amendment 109 #
2012/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. StressesPoints out that the customer and the issuing PSP should mutually agree on co- badging and that it should not be made mandatory; ardholding customers should have the freedom to select which of the provided co-badging alternatives are activated on their specific cards, and insists that the merchants should have the right to select which co- badged alternatives they are willing to accept and in every specific payment situation the cardholding customers should have the right to select their preferred co-badging alternative among those accepted by the merchant;
Amendment 113 #
2012/2040(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that it must be clear to all parties as to who is responsible for the protection and confidentiality of cardholder and merchant data and responsible for the co-branded payment instrument;
Amendment 116 #
2012/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the ban on surcharges for the use of card payments in some Member States; calls on oConsiders that it would be important to ban the possibilities for excessive surcharges in relation to the merchant fee of an individual transaction, and to control rebates and similar consumer steering practices throughout ther Member States to consider requiring more transparency on surcharges in order to ensure that the customer knows how much of the surcharge comes from, for example, the MIF and how much is further imposed by the merchant; , and therefore merchants should accept one commonly used payment instrument without any surcharge (SEPA- compliant debit card, e-payment) and any surcharges on other instruments may not at any point exceed the direct costs of those instruments compared to the instrument accepted without surcharge;
Amendment 121 #
2012/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 126 #
2012/2040(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that the minimum security requirements for internet, card and mobile payments should be the same in all Member States and that there should be a common governing body setting the requirements; notes that standardised security solutions would simplify customer information and thus the way customers adapt to security arrangements and they would also reduce costs within PSPs and therefore all PSPs should be required to maintain common minimum security solutions, which may naturally be improved by PSPs but these improvements should not become competition barriers;
Amendment 128 #
2012/2040(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that the final responsibility for security measures relating to different payment methods cannot lie with customers, but that they should be informed about security precautions; and financial institutions should be responsible for fraud costs, unless caused by the customer "by acting fraudulently or by failing to fulfil one or more of his obligations under Article 56 of the Payment Service Directive with intent or gross negligence", in order to incentivise them to continuously improve their security level.
Amendment 132 #
2012/2040(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers it important that all payment frauds in SEPA are reported to a centralised site for monitoring, statistics and evaluation, in order to respond quickly to new security threats and that the main developments should be made public;
Amendment 134 #
2012/2040(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that the security of face-to- face card payments is already high and the gradual change from magnetic cards to chip cards, which should be completed rapidly, will improve the level of security even further, but is worried that some current European EMV-implementations may not be fully consistent and urges to remedy this unwanted situation and reminds that improved solutions are also needed for remote network-based card payments;
Amendment 141 #
2012/2040(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that regulationory and technical developments could lower these security risks and could make payments through non-bank PSPs as safe as payments directly from well-protected bank accounts, as long as secure systems are available in practice;
Amendment 143 #
2012/2040(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Does not, therefore, support third-party access to a customer's bank account information before secure systems are developed, built and thoroughly tested; notes that in any future regulation special attention should be paid to security, data protection and consumer rights; considers, in particular, that it should be clearly specified which parties can have accesshould third parties be permitted to access account information in the future, this access should be kept to a minimum and that it should be clearly specified by the customer via mandates which parties can have access on a non- discriminatory basis to which information and under which conditions the data can be stored;
Amendment 150 #
2012/2040(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes that as security threats keep increasing there is a role for also European Committee for Standardisation (CEN) and the European Telecommunications Standard Institute (ETSI) to be actively involved in developing security standards;
Amendment 151 #
2012/2040(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Notes that in payment systems where one or many of the participants are in different Member States, the Commission is expected to make a clarifying proposal on which courts or which out-of-court dispute settlement system should be used for any disputes and that consumers have easy access and use of these Alternative Dispute Resolution bodies.
Amendment 152 #
Amendment 153 #
2012/2040(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Calls on the Commission to propose a better SEPA governance, covering the organisational setup related to the development of the main features of payment services and of the implementation of the requirements which need to be met, while the development of technical and security standards would be organised separately to support the implementation of the related legislation;
Amendment 154 #
2012/2040(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Considers it important to strengthen the SEPA governance and to give the renewed SEPA Council a stronger role and that this new governing body should consist of the main relevant stakeholders and be created in such a way that it provides a possibility for democratic control through the Commission and other European authorities; proposes that a renewed SEPA-Council should lead the work, identify a time schedule and work plan, decide on the priorities and major issues thus arbitrating disagreements between stakeholders, and democratic control should be ensured through the EC, ECB and EBA having a prominent role;
Amendment 155 #
2012/2040(INI)
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
23e. Considers that the SEPA Council should be assisted by various technical committees, or "task forces" for e- payment, m-payment, cards, cash and other standardisation issues and ad hoc working groups; believes, therefore, that the current projects like the OSeC project for coordinating the implementation of the Evaluation and Certification Framework, the OScar project for coordinating the implementation of the Evaluation and Certification Framework or SecuRe Pay to provide common security solutions could benefit from attached to this structure;
Amendment 85 #
2012/2028(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that it is in the long-term strategic interest of the eurozone to draw all possible benefits from issuing the euro, such as establishing a commonnsuring a liquid and diversified bond market and establishing the euro as a global reserve currency;
Amendment 137 #
2012/2028(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges Member States to seriously consider the option of immediately establishing a European Redemption Fund in order to allow participating countries to reduce excessive debt over a maximum period of 25 years by using the interest rate savings for debt reductionamong those countries whose indebtedness exceeds 60% of GDP, for the part of their debt which exceeds 60% of GDP, with the participating countries undertaking to make their repayments over a maximum period of 25 years, which is a longer period than provided for in the renewed Stability and Growth Pact but which likewise in practice requires sufficient economic growth and very strict financial discipline;
Amendment 147 #
2012/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 163 #
2012/2028(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to prepare contingency plans allowing a rapid implementation of these schemfor special circumstances;
Amendment 173 #
2012/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that, in parallel, there is an urgent need to recapitalise the European banking sector and to further complete financial integration in the EU; calls on the Commission to put forward proposals for a single financial supervisory authority to oversee systemic financial institutions, a banking resolution regime including a recapitalisation fund and an EU-wide deposit guarantee schend proposals for reducing the systemic risks derived from them and for a banking resolution regime;
Amendment 191 #
2012/2028(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 201 #
2012/2028(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 215 #
2012/2028(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Advocates, following the implementation of short-term measures to exit the crisis, the setting-up of a committee inspired by the Delors Committee of 1988, including representatives from Member States, the Commission and the ECB; believes that this committee should evaluate progress and make recommendations for further steps with regard to post-crisis phases, to be discussed in Parliament; takes the view that this committee should also look at the possibility of issuing genuine federal bonds;
Amendment 12 #
2012/2011(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 20 #
2012/2011(COD)
Proposal for a regulation
Recital 124
Recital 124
(124) The general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context. Therefore, in order to regulateIn order to regulate the processing of employees' personal data in the employment context. Member States should be able to adopt by legal provisions specific rules for the processing of personal data in the employment sector. The processing of personal data in the employment context should qualify for exemption from the requirements of this Regulation. Therefore, when adopting by legal provisions specific rules for the processing of employees‘ personal data in the employment context,. Member States should be able, within the limits of this Regulation, to adopt by law specific rules for the processing of personal data in the employment sectormay adopt legal provisions which should lay down exemptions and derogations. It should be also possible for the Member States to provide for that the matters referred to in Article 82(1) can be defined also by collective agreements negotiated and concluded at national level by social partners.
Amendment 29 #
2012/2011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(f a) processing is directly necessary for the employee's employment relationship and the data is connected with managing the rights and obligations of the parties to the relationship or with the benefits provided by the controller for the employee or arises from the special nature of the work concerned.
Amendment 31 #
2012/2011(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points (a) to (efa) of paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.
Amendment 32 #
2012/2011(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 33 #
2012/2011(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal nor shall it affect the lawfulness of processing of data based on other grounds referred to in article 6(1).
Amendment 34 #
2012/2011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 38 #
2012/2011(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. An employee can only consent to processing of personal data that is of minor importance to him or her.
Amendment 44 #
2012/2011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) complying with the requirements for prior authorisnotification or prior consultation of the supervisory authority pursuant to Article 34(1) and (2);
Amendment 45 #
2012/2011(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The controller shall implement mechanisms to ensure the verification of the effectiveness of the measures referred to in paragraphs 1 and 2. If proportionate, this verification shall be carried out by independent internal or external auditors.
Amendment 46 #
2012/2011(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 47 #
2012/2011(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 50 #
2012/2011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) an enterprise or an organisation employing fewer than 250 persons that is processing personal data only as an activity ancillary to its main activities.
Amendment 52 #
2012/2011(COD)
Proposal for a regulation
Chapter 4 – section 3 – title
Chapter 4 – section 3 – title
DATA PROTECTION IMPACT ASSESSMENT AND PRIOR AUTHORISNOTIFICATION
Amendment 53 #
2012/2011(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where the controller is a public authority or body and where the processing results from a legal obligation pursuant to point (c) of Article 6(1) providing for rules and procedures pertaining to the processing operations and regulated by Union or national law, paragraphs 1 to 4 shall not apply, unless Member States deem it necessary to carry out such assessment prior to the processing activities.
Amendment 54 #
2012/2011(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
Amendment 55 #
2012/2011(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
Amendment 56 #
2012/2011(COD)
Proposal for a regulation
Article 34 – title
Article 34 – title
Prior authorisnotification and prior consultation
Amendment 57 #
2012/2011(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The controller or the processor as the case may be shall obtain an authorisation fromnotify the supervisory authority prior to the processing of personal data, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2) or does not provide for the appropriate safeguards in a legally binding instrument as referred to in Article 42(5) for the transfer of personal data to a third country or an international organisation.
Amendment 64 #
2012/2011(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. In the caseA group of organizations referred to in point (a) and (b) of paragraph 1, a group of undertakings may appoint a single data protection officer.
Amendment 68 #
2012/2011(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
Amendment 69 #
2012/2011(COD)
Proposal for a regulation
Article 35 – paragraph 11
Article 35 – paragraph 11
Amendment 75 #
2012/2011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b
Article 79 – paragraph 3 – point b
(b) an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities.
Amendment 77 #
2012/2011(COD)
Proposal for a regulation
Article 81 – paragraph 1 – point b
Article 81 – paragraph 1 – point b
(b) reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety, inter alia for medicinal products or medical devices; or
Amendment 78 #
2012/2011(COD)
Proposal for a regulation
Article 81 – paragraph 1 – point c
Article 81 – paragraph 1 – point c
(c) other reasons of public interest in areas such as social protection, especially in order to ensure the quality and cost- effectiveness of the procedures used for settling claims for benefits and services in the health insurance system.; or
Amendment 79 #
2012/2011(COD)
Proposal for a regulation
Article 81 – paragraph 1 – point c a (new)
Article 81 – paragraph 1 – point c a (new)
(c a) paying sick pay or other comparable health-related benefits or establishing whether there is a justifiable reason for absence or if processing is needed to enforce other rights and obligations related to the contract of employment.
Amendment 80 #
2012/2011(COD)
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying other reasons of public interest in the area of public health as referred to in point (b) of paragraph 1, as well as criteria and requirements for the safeguards for the processing of personal data for the purposes referred to in paragraph 1.
Amendment 88 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States may adopt by lawegal provisions specific rules regulating the processing of employees‘ personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
Amendment 97 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
1 a. When adopting legal provisions referred to in paragraph 1, Member States may provide for exemptions or derogations from the provisions of this Regulation for the processing of personal data in the employment context.
Amendment 105 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
1 b. Member States may provide for that the matters referred to in Article 82(1) can be defined also by collective agreements negotiated and concluded at national level by social partners.
Amendment 119 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. Each Member State shall notify to the Commission those legal provisions of its law which it adopts pursuant to paragraphs 1 and 1a, by the date specified in Article 91(2) at the latest and, without delay, any subsequent amendment affecting them.
Amendment 123 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
Amendment 10 #
2012/2003(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the current economic and financial crisis will have long -lasting effects not only on economic growth but also on employment rates, public savfinancings and the amount and quality of social investments in Europe;
Amendment 16 #
2012/2003(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the majority of recentin recent years in responses to the crisis were based mainly on short-term goals aimed ata great debt burden was taken on by the public sector, and to prevent excessive debt being incurred it has at the same time been necessary to strive to restoringe stability to public finances, being crucial efforts to defend our economyic future, and whereas these public and private sector austerity measures could have negative long-term effects on employment, growth and competitiveness if not completed with growth- and, employment- and competitiveness-friendly measures;
Amendment 22 #
2012/2003(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Lisbon Strategy and the European Employment Strategy have failed to deliver, and whereas the success of the Europe 2020 strategy is uncertain and requires even stronger engagement from Member States and the European Institutions in competitiveness-, growth- and employment-friendly measures;
Amendment 25 #
2012/2003(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the recently published Annual Growth Survey as well as the Joint Employment Report showed that, due to the fact that fiscal consolidation is still treated as the priority,has not progressed sufficiently, and social, employment and education targets of the Europe 2020 were not sufficiently addressed by all Member States;
Amendment 30 #
2012/2003(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in 2010 almost 16 % of Europeans were at risk of poverty, and in the same year the level of children and adults living in jobless households has increased to almost 10 %; whereas this, combined with child poverty, the incidence ofdifficulties of the working poor as well as high unemployment among young people will lead to an even higher risk and also the inheritance of poverty and social exclusion in the future;
Amendment 34 #
2012/2003(INI)
Motion for a resolution
Recital G
Recital G
G. whereas education outcomes in the European Union are still inadequate to meet labour market needs and fall short of the growing skill-intensity of available jobs and do not sufficiently meet the manpower needs in sectors which could employ workers;
Amendment 37 #
2012/2003(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the pressure o, as public sector revenues have decreased, the pressures to cut costs in social assistance schemes hasve increased, and twheir revenues have dropped considerably; whereasreas weak economic growth and persistence of high rates of long- term unemployment isare likely to aggravate this trend further;
Amendment 48 #
2012/2003(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that all public social and health services, education services and related services sourced from private service providers, among others, can be considered social investments, and reiterates that these have been determined in agreements as falling under national competence;
Amendment 49 #
2012/2003(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that one of the most important features of social investments is their ability to reconcile social and economic goals and, therefore, that they should not only be treated as spending but also as investments that will give real returns in the future;
Amendment 54 #
2012/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes therefore that social investments should be an important part of the EuropeanMember States’ economic and employment policies, and of the EU’s responses to the crisis, and that this requires a better implementation ofthat this requires even more effective efforts to achieve the employment, social and education goals of Europe 2020;
Amendment 60 #
2012/2003(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the crisis requires a modernisation of the European SMember States’ social Mmodels, a rethinkingconstant critical appraisal of national social policies and a transition from an ‘reactive welfare state’, thatness to proactiveness, i.e. from only respondsing to emerging damages caused by market failure, to an ‘activating welfare state’, that invests in people and gives citizens opportunities, instruments and incentives to improve their own social and financial standing and that of their families;
Amendment 69 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point a
Paragraph 5 – point a
a) help the unemployed to get back to work.ose facing unemployment or lay- offs to get back to work and those entering the labour market to find work, and to create preconditions for a smoother transition from education and training to professional life,
Amendment 74 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
b) create and help small and medium- sized enterprises in particular to create sustainable and quality jobs, improving work productivity as well as work distribution,
Amendment 79 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point b a (new)
Paragraph 5 – point b a (new)
ba) to improve well-being at work and to reduce the causes leading to withdrawal from professional life, such as accidents at work, bullying in the workplace and other poor working conditions,
Amendment 82 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point c
Paragraph 5 – point c
c) invest in education and training, especially in on-the-job training and vocational education,
Amendment 88 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point d
Paragraph 5 – point d
d) enhance the balance between the flexibility and security of employment contracts to promote employment and help in reconciling family and professional life,
Amendment 93 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point e
Paragraph 5 – point e
e) reform pension systems and create conditions for working longer, enable people to work longer through better occupational safety, various incentives and flexible models, and to ensure that those in retirement can also participate in professional life to the extent they are capable,
Amendment 98 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point f
Paragraph 5 – point f
f) fight poverty and social exclusion with particular focus on preventative and proactive work.
Amendment 104 #
2012/2003(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on Members States and the Commission to take steps to develop a job- friendly environment with supportive labour market policies, such as more effective and better targeted unemployment and social assistance benefit systems linked to employment activation measures, to introduce special training and re-training in order to sustain the employability of the long- term unemployed, and to promote up- skilling, workshop activities, vocational education and on-the-job training with particular emphasis on unemployed young persons and on workers with low skills;
Amendment 114 #
2012/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages Member States to invest in supporting young persons, and in improving their access to the labour market, by providing training and youth internship programmes, by promoting entrepreneurship and creating incentives for employers to engage graduates, by securing a better transition from education to work and by promoting European and regional mobility;
Amendment 124 #
2012/2003(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the CommissionMember States to guarantee a comprehensive implementation of flexicurity principles, and to address labour market segmentation, by providing both adequate social protection coverage for people in periods of transition, or on temporary or part-time employment contracts, and access to training, career development and full-time work possibilities; encourages Member States to invest in services –— such as childcare and all-day school places –and care for the elderly — that help promote gender quality, foster better work–life balance, the well-being of families and those being cared for and encourage inactive and lonsingle parents to work;
Amendment 135 #
2012/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages Member States to introduce necessary reforms in order to increaseadjust the statutory retirement age and limit early retirement possibilities as required by the deteriorating support ratio and public finance sustainability requirements, and to combine this with the constant improvement of working conditions and the implementation of lifelong training schemes enabling longer professional careers;
Amendment 137 #
2012/2003(INI)
Motion for a resolution
Subheading 3
Subheading 3
Amendment 138 #
2012/2003(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages Member States to make better efforts to include social investments in their medium and long-term budgetary targets, as well as in their National Reform Programmes; calls on the European Council and the Commission to betterclosely monitor the implementationachievement of employment and social targets of the Europe 2020;
Amendment 140 #
2012/2003(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that in order to secure proper implementation of employment and social targets, the recently developed system for macroeconomic and budgetary surveillance in the EU must be supplemented by an improved monitoring of employment and social policies;achieve employment and social targets, monitoring of employment and social policies must be improved and calls, therefore, on the Commission to consider developing a scoreboard of common social investment indicators for monitoring the progress in EU countries in this regard;
Amendment 145 #
2012/2003(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on Member States to consider signing to a ‘Social Investment Pact’, through which they would create a reinforced control mechanism for improvinge efforts to meet employment, social and education targets of Europe 2020 by promoting research, development and investment activities in these fields and by sharing best practices;
Amendment 149 #
2012/2003(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 152 #
2012/2003(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States to make sure that the currently debated Multiannual Financial Framework 2014-2020 contains appropriate budgetary resources necessary for social investments in Europe, and that the available funding can be used in a rational and efficient way, as well as to make structural funds, especially the European Social Fund, supportive of social investments, ensuring that its priorities reflect the specific needs of the various Member States; calls on the Commission, when it so deems appropriate, to make other possible sources of financing available to Member States for the purpose of social investments;
Amendment 110 #
2012/0366(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
Amendment 118 #
2012/0366(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 131 #
2012/0366(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) An effort should be made to eliminate obstacles effectively and by all available means to enable the use of plain packages to be introduced throughout EU territory as quickly as possible.
Amendment 155 #
2012/0366(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Tobacco products for smoking, other than cigarettes and roll-your-own tobacco products, which are mainly consumed by older consumers, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging.
Amendment 165 #
2012/0366(COD)
Proposal for a directive
Recital 27
Recital 27
(27) An interoperable tracking and tracing system and a common security feature should be developed. For an initial period only cigarettes and roll-your-own tobacco should be subjected to the tracking and tracing system and the security features. This would allow producers of other tobacco products to benefit from the experiences gained in the meantime.
Amendment 174 #
2012/0366(COD)
Proposal for a directive
Recital 29 b (new)
Recital 29 b (new)
(29b) The sale and placing on the market of other types of tobacco for oral use should be prohibited throughout EU territory. The prohibition should particularly apply to tobacco intended for chewing such as snus and chewing tobacco; it should also apply to snuff intended to be sniffed through the nose.
Amendment 185 #
2012/0366(COD)
Proposal for a directive
Recital 31
Recital 31
(31) All tobacco products have the potential to cause mortality, morbidity and disability and their consumption should be contained. It is therefore important to monitor developments as regards novel tobacco products. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member StatesThe aim of the Directive is to reduce smoking and particularly to discourage young people and others from starting to smoke. Widening of the market by permitting new to ban or to authorise them. The Commission should monitor the developments and submit a report 5 years after the date of transposition of this Directive, in order to assess whecco products should therefore be prohibited as contrary to ther amendments toim of thise Directive are necessary.
Amendment 191 #
2012/0366(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to ensure a level playing field,t is damaging and unnecessary for novel tobacco products, which are tobacco products in the sense of this Directive, should respeto enter the market. It is therefore not justified to permit novel tobacco products the requirements provided for in this Directiveo enter the market and be approved. Permitting novel tobacco products is in conflict with the fundamental aim of the Directive to reduce the use of tobacco products.
Amendment 195 #
2012/0366(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Nicotine-containing products are sold on the Union market. The different regulatory approaches taken by Member States to address health and safety concerns associated with these products have a negative impact on the functioning of the internal market, in particular considering that these products are subject to significant cross-border distance sales including via the internet. E-cigarettes, in which nicotine is absorbed into the body together with air inhaled, should be treated equally with other nicotine sources absorbed into the body through air inhaled.
Amendment 204 #
2012/0366(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) All products containing nicotine should be treated in the same way. They should be governed either by this directive or, in the case of large doses used for medicinal purposes, by the medicines legislation of the Member State. The medicines legislation of the Member State would define the limits of medicinal use of nicotine in accordance with the subsidiarity principle. In defining nicotine content, quantities of nicotine should be calculated as a daily dose and in the light of the largest dose.
Amendment 206 #
2012/0366(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Labelling provisions should be introduced for nicotine containing products below the threshold set out in this Directive drawing the attention of consumers to potential health risks. Package labelling should correspond to pictorial warnings and package labelling required of tobacco products in this Directive.
Amendment 227 #
2012/0366(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) The Directive should have the purpose of reducing smoking, and the aim should be ultimately to be able to put an end to smoking entirely, bearing in mind the huge and needless losses to public health and the economy.
Amendment 238 #
2012/0366(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Member States should remain free to maintain or introduce national legislations applying to all products alike for aspects falling outside the scope of this Directive, provided they are compatible with the Treaty and do not jeopardise the full application of this Directive. Accordingly, Member States could, for instance, maintain or introduce provisions providing standardisation of packaging of tobacco products provided that those provisions are compatible with the Treaty, with WTO obligations and do not affect the full application of this Directive. Special attention should be devoted to implementation of the compulsory pictorial and textual warnings provided for in this Directive, and of other harmonisation rules, for example concerning cocoa. A prior notification is required for technical regulations pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on Information Society services.
Amendment 247 #
2012/0366(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
The aim of this Directive is toin the long term to put an end to the use of tobacco products and in the short term to reduce their use by approximateing the laws, regulations and administrative provisions of the Member States concerning:
Amendment 433 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall require manufacturers and importers to submit internal and external studies available to them on market research and preferences of various consumer groups, including young people, relating to ingredients and emissions. Member States shall also require manufacturers and importers to report the sales volume data per product, reported in sticks or kilograms, and per Member State on a yearly basis starting from the full calendar year following that of the entry into force of this Directive. Member States shall provide alternative or additional sales data, as appropriate, to ensure that information on sales volume requested under this paragraph is reliable and complete. Ingredients shall be defined in a uniform manner in all Member States, using a clear list common to the Member States.
Amendment 563 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 756 #
Amendment 852 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.not be sold within the EU;
Amendment 1011 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 10
Article 14 – paragraph 10
Amendment 1021 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall prohibit the placing on the market of tobacco for oral usesmokeless tobacco products, such as tobacco for oral use, chewing tobacco and snuff, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden.
Amendment 1040 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outprohibit distance salets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outlets intending to engage in cross- border distance sales shall submit at least the following information to the competent authorities:of tobacco products.
Amendment 1054 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 1062 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 1070 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 1078 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 1088 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 1105 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 1112 #
2012/0366(COD)
Proposal for a directive
Article 17
Article 17
Amendment 1119 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco product they intend to place on the markets of the Member States concerned. The notification shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question as well as information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco product shall also provide the competent authorities in question with:prohibit the placing on the market of any novel tobacco product.
Amendment 1132 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 1137 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 1155 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The following nNicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:
Amendment 1179 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 1192 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 1206 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 1217 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1230 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
Each unit packet and any outside packaging of nicotine-containing products below the thresholds set out in paragraph 1 shall carry the following health warning:
Amendment 1253 #
2012/0366(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Each unit packet and any outside packaging of herbal products for smoking or nicotine-free products intended for vaporising or smoking shall carry the following health warning:
Amendment 22 #
2012/0340(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Buyers of websites and related products and services are faced with high prices in service provision or dependence on a single supplier, due to limited competition. Suppliers often favour variations of proprietary 'standards', hindering later scope for interoperability of user agents, and Union-wide ubiquitous access to website contents. Fragmentation among national regulations reduces the benefits that could result from sharing experiences with national and international peers in responding to societal and technological developments. Vendor lock- in can be avoided by requiring software suppliers to adhere to specific standards and by recommending that customers use software suppliers who publish the source code of their software, which would also prevent spying on public systems. Adopting the use of open-source software would make it possible for services and software ordered by a single Member State and rated as good to be duplicated in other Member States, and would also facilitate the joint development of software, which in turn would improve the interoperability of software, reduce production costs and improve quality. In addition, the publication of source code would promote competition and facilitate competitive tendering, as it would be possible to change service providers without any interruption in the use of services and without any need to completely renew the service. Duplication of public online services would also help to take into account people with disabilities and other special categories of user.
Amendment 25 #
2012/0340(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Interoperability related to web- accessibility should be based on commonly adopted and used specifications that maximize the compatibility of the web- content with current and future user agents and assistive technologies. More specifically, web-content should provide user agents with a common internal coding of natural language, structures, relations, and sequences, as well as data of any embedded user-interface components. Information available from online services should also be accessible through an open application programming interface (API). An open API will encourage the development of assistive technologies to promote the finding of information and encourage innovation by third parties. Interoperability thus benefits the users, allowing them to employ their user agents ubiquitously to access websites: they might also benefit from greater choice and reduced prices across the Union. Interoperability would also benefit the suppliers and buyers of web- accessibility related products and services.
Amendment 27 #
2012/0340(COD)
Proposal for a directive
Recital 18
Recital 18
(18) As underlined in the Digital Agenda for Europe, public authorities should play their part in promoting markets for online content. Governments can stimulate content markets by making public sector information available under transparent, effective and non-discriminatory conditions. Thius public-sector information should be accessible independently of platform. It should also be ensured that public services operate on mobile devices, the number of which is increasing rapidly in the EU as the proportion of mouse-operated terminal devices declines. Equal treatment of different operating systems, browsers and devices is an important source of potential growth of innovative online servicterminal and network technologies.
Amendment 28 #
2012/0340(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) It should be possible for the public authorities of the Member States to require appropriate websites to be carried on servers within the EU in order to prevent spying by parties outside the EU or leaks of information and to ensure that parties outside the EU cannot close down services which are important on security grounds.
Amendment 42 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 8 a (new)
Article 2 – point 8 a (new)
(8a) In this context, ‘terminal device’ means any device by means of which it is possible to use a user agent as referred to in this directive.
Amendment 43 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 8 b (new)
Article 2 – point 8 b (new)
(8b) In this context, ‘mobile devices’ means portable terminal devices which can be controlled without a separate mouse.
Amendment 44 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 8 c (new)
Article 2 – point 8 c (new)
(8c) ‘Vendor lock-in’ means a situation in which it is so difficult for a customer to change service provider that he can be regarded as being dependent on his service provider, who for his part can exploit the relationship of dependence by raising prices very high before it is worthwhile for the customer to consider changing service providers.
Amendment 45 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 8 d (new)
Article 2 – point 8 d (new)
(8d) In this context, ‘platform independence’ means – within the bounds of reason – the possibility to use an online service by means of any operating system on any terminal device and with the aid of any browser. In practice, therefore, a platform-independent service adheres to standards and does not, for example, require browser extensions which are available only with certain browsers or operating systems.
Amendment 48 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) in a way which facilitates interoperability with a variety of user agents and assistive technologies at Union and international level. Different operating systems, browsers and devices must be treated equally. Public-sector websites should be accessible independently of platform and by means of mobile devices.
Amendment 54 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Member States may require appropriate websites to be hosted on servers within the Union, on security grounds.
Amendment 69 #
2012/0299(COD)
Proposal for a directive
Recital 18
Recital 18
(18) This Directive should not apply to micro, small and medium-sized enterprises (SMEs), as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, even if they are listed companies. Furthermore, this Directive should not apply to small- cap listed companies.
Amendment 78 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. However, owing to the diversity of the company law system in the Member States, Member States may decide not to apply the procedural rules of Article 4(1) in cases where the shareholders meeting has proposed candidates for board election during the shareholders meeting where the election is carried out. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 87 #
2012/0299(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose, where possible, upon the request of an unsuccessful candidate, not only the qualification criteria upon which the selection was based, but also the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate who is not of the under-represented sex . This disclosure obligation does not apply where such disclosure would endanger trade secrets or would be impossible because the elected board member was proposed by the shareholders. These limitations to the right to respect for private life with regard to the processing of personal data, recognised by the Articles 7 and 8 of the Charter, and the obligation for listed companies to supply that information, upon request, to the unsuccessful candidate, are necessary and, in conformity with the principle of proportionality, genuinely meet recognised objectives of general interest. They are therefore in line with the requirements for such limitations laid down in Article 52(1) of the Charter and with the relevant case- law of the Court of Justice.
Amendment 90 #
2012/0299(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines andmay, however, not include nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1). A failure to reach the objective laid down in Article 4(1) or 4(7) shall not constitute an infringement of the national provisions adopted pursuant to this Directive and shall not be subject to sanctions.
Amendment 96 #
2012/0299(COD)
Proposal for a directive
Recital 18
Recital 18
(18) This Directive should not apply to micro, small and medium-sized enterprises (SMEs), as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, even if they are listed companies. Furthermore, this Directive should not apply to small- cap listed companies.
Amendment 99 #
2012/0299(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under-represented sex of at least 40 per cent among non-executive directors of listed companies or the one third objective referred to in Article 4(7) of this Directive at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings. Also e.g. self-regulatory measures aiming to ensure a more balanced representation of women and men among the non-executive directors of listed companies must be considered as relevant measures in this regard.
Amendment 104 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. However, owing to the diversity of the company law system in the Member States, Member States may decide not to apply the procedural rules of Article 4(1) in cases where the shareholders meeting has proposed candidates for board election during the shareholders meeting where the election is carried out. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 110 #
2012/0299(COD)
Proposal for a directive
Article 2 – point 8 a (new)
Article 2 – point 8 a (new)
(8a) 'a SmallCap listed company' means company with a market capitalisation of less than EUR 150 million;
Amendment 114 #
2012/0299(COD)
Proposal for a directive
Article 3
Article 3
This Directive shall not apply to small and medium-sized enterprises (‘'SMEs’') or to SmallCap listed companies as defined in Article 2(8a).
Amendment 119 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order towith the aim of attaining the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 121 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States may decide not to apply paragraph 1 in cases where the shareholders' meeting proposes candidates for board election during the shareholders' meeting where the election is carried out.
Amendment 124 #
2012/0299(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose, where possible, upon the request of an unsuccessful candidate, not only the qualification criteria upon which the selection was based, but also the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate who is not of the under-represented sex . This disclosure obligation does not apply where such disclosure would endanger trade secrets or would be impossible because the elected board member was proposed by the shareholders. These limitations to the right to respect for private life with regard to the processing of personal data, recognised by the Articles 7 and 8 of the Charter, and the obligation for listed companies to supply that information, upon request, to the unsuccessful candidate, are necessary and, in conformity with the principle of proportionality, genuinely meet recognised objectives of general interest. They are therefore in line with the requirements for such limitations laid down in Article 52(1) of the Charter and with the relevant case- law of the Court of Justice.
Amendment 128 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that listed companies are obliged to disclose, on the request of an unsuccessful candidate, the qualification criteria upon which the selection was based, the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate of the other sex. The obligation to disclose shall not apply where disclosure would endanger trade secrets or where the elected board member was proposed by the shareholders, thereby rendering disclosure impossible.
Amendment 129 #
2012/0299(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines andmay, however, not include nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1). A failure to reach the objective laid down in Article 4(1) or 4(7) shall not constitute an infringement of the national provisions adopted pursuant to this Directive and shall not be subject to sanctions.
Amendment 133 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive or non-executive. The number necessary for meeting this one third objective shall be the number closest to the proportion of one third.
Amendment 142 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The sanctions must be effective, proportionate and dissuasive andbut may not include the following measures:
Amendment 145 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 148 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 151 #
2012/0299(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under-represented sex of at least 40 per cent among non-executive directors of listed companies or the one third objective referred to in Article 4(7) of this Directive at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings. Also e.g. self-regulatory measures aiming to ensure a more balanced representation of women and men among the non-executive directors of listed companies must be considered as relevant measures in this regard.
Amendment 154 #
2012/0299(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the non-executive directors of listed companies or Member States where other e.g. self-regulatory measures aiming to ensure a more balanced representation of women and men among the non-executive directors of listed companies exist may suspend the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) and the application of Article 5(1), provided that it can be shown that those measures enable members of the under-represented sex to hold either at least 40 per cent of the non- executive director positions of listed companies or the one-third objective referred to in Article 4(7) by at the latest 1 January 2020, or at the latest 1 January 2018 for listed companies which are public undertakings. The Member State in question shall notify this information to the Commission.
Amendment 157 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national or self-regulatory measures referred to in Article 8(3). The Commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under- represented sex to hold at least 40 per cent of the non-executive director positions by 1 January 2018 for listed companies which are public undertakings, and by 1 January 2020 for listed companies which are not public undertakings. The first such report shall be issued by the Commission by 1 July 2017, and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1.
Amendment 160 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Member States in question shall ensure that listed companies, which by applying the national or self-regulatory measures referred to in Article 8(3) have not appointed or elected members of the under- represented sex for at least 40 per cent of the non-executive director positions of their boards by 1 January 2018, where they are public undertakings, or by 1 January 2020, where they are not public undertakings, apply the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) with effect respectively from those dates.
Amendment 163 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8a) ‘a small cap listed company’ means company with a market capitalization of less than 150 million Euros.
Amendment 165 #
2012/0299(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
This Directive shall not apply to small and medium-sized enterprises (‘'SMEs’)') or to small-cap listed companies as defined in Article 2(8b) of this Directive.
Amendment 171 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to try to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 175 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States may decide not to apply the procedural rules of paragraph 1 in cases where the shareholders meeting has proposed candidates for board election during the shareholders' meeting where the election is carried out.
Amendment 189 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that listed companies are obliged to disclose, on the request of an unsuccessful candidate, the qualification criteria upon which the selection was based, the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate of the other sex. This obligation does not apply where such disclosure would endanger trade secrets or would be impossible because the elected board member was proposed by the shareholders.
Amendment 205 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive or non-executive. The number necessary for meeting this one third -objective shall be the number closest to the proportion of one third.
Amendment 221 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The sanctions must be effective, proportionate and dissuasive andbut may not include the following measures:
Amendment 224 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 232 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 c (new)
Article 6 – paragraph 2 c (new)
2c. A failure to reach the objective laid down in Article 4(1) or 4(7) shall not constitute an infringement of the national provisions adopted pursuant to this Directive and shall not be subject to sanctions.
Amendment 238 #
2012/0299(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the non-executive directors of listed companies or Member States where other e.g. self-regulatory measures aiming to ensure a more balanced representation of women and men among the non-executive directors of listed companies exist may suspend the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) and the application of Article 5(1), provided that it can be shown that those measures enable members of the under-represented sex to hold either at least 40 per cent of the non- executive director positions of listed companies or the one-third objective referred to in Article 4(7) by at the latest 1 January 2020, or at the latest 1 January 2018 for listed companies which are public undertakings. The Member State in question shall notify this information to the Commission.
Amendment 246 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national or self-regulatory measures referred to in Article 8(3). The Commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under- represented sex to hold at least 40 per cent of the non-executive director positions by 1 January 2018 for listed companies which are public undertakings, and by 1 January 2020 for listed companies which are not public undertakings. The first such report shall be issued by the Commission by 1 July 2017, and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1.
Amendment 250 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Member States in question shall ensure that listed companies, which by applying the national or self-regulatory measures referred to in Article 8(3) have not appointed or elected members of the under- represented sex for at least 40 per cent of the non-executive director positions of their boards by 1 January 2018, where they are public undertakings, or by 1 January 2020, where they are not public undertakings, apply the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) with effect respectively from those dates.
Amendment 86 #
2012/0288(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Article 17 of Directive 2009/28/EC establishes sustainability criteria that biofuels and bioliquids need to comply with in order to be counted towards the targets in the Directive and to qualify for inclusion in public support schemes. These criteria include requirements concerning the protection of biodiversity-rich land and land with high carbon stock. These criteria also include requirements on the minimum greenhouse gas emission savings that biofuels and bioliquids need to achieve compared to fossil fuels. Identical sustainability criteria are established for biofuels under Article 7b of Directive 98/70/EC.
Amendment 96 #
2012/0288(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Where pasture or agricultural land previously destined for the food, feed and fibre markets is diverted to biofuel production, the non-fuel demand will still need to be satisfied either through intensification of current production or by bringing non-agricultural land into production elsewhere. The latter case represents indirect land-use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land. The aim of this Directive should be to tackle these problems and promote the use of non- food feedstocks as biofuel feedstocks.
Amendment 116 #
2012/0288(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) This proposal focuses on the potential adverse effects of the production and use of biofuels in the European Union, while taking into account the fact that other land-use related issues for instance are handled in other legislative instruments as well as climate impact issues not related to land-use.
Amendment 140 #
2012/0288(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the 2012 Communication "Innovating for Sustainable growth: A Bioeconomy for Europe" and the Roadmap to a Resource Efficient Europe, promoting integrated and diversified biorefineries across Europe, enhanced incentives under Directive 2009/28/EC should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than second generation and advanced biofuels.
Amendment 148 #
2012/0288(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) As waste and by-products are defined by Directive 2008/98/EC of 19 November 2008 on waste, the same definitions should apply to this Directive.
Amendment 176 #
2012/0288(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The 5% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, the access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open. Therefore this amending directive does not affect the legitimate expectations of the operators of such installations. Second generation biofuels should, however, have a share of more than 5%.
Amendment 192 #
2012/0288(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Forests provide a wide variety of environmental, economic and social benefits and services of key importance to humanity, such as maintaining biodiversity, providing low emission feedstocks and ecosystem functions and protecting the climate system. Sustainability criteria for forest-based biomass already exists in RES-directive and the European Commission will also make further recommendations concerning the sustainability criteria for solid biomass in order to address the concerns regarding the growing demand of imported wood biomass. EU Member States have the relevant instruments and regulations in place which safeguard the sustainability of forest biomass. In order to avoid double regulation and bureaucratic burden it is not necessary to define new sustainability criteria for forest biomass in this directive.
Amendment 318 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 2009/28/EC
Article 2 – point p a (new)
Article 2 – point p a (new)
1a. In Article 2, the following point is inserted: "(pa) "processing residue" is a substance that is not the end product(s) that the production process directly seeks to produce. It is not a primary aim of the production process and the process has not been deliberately modified to produce it."
Amendment 375 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point i
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point i
(i) biofuels produced from feedstocks listed in Part A of Annex IX shall be considered to be four timestwice their energy content;
Amendment 377 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point ii
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point ii
Amendment 382 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point iii
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point iii
(iii) renewable liquid and gaseous fuels of non-biological origin shall be considered to be four timestwice their energy content.
Amendment 388 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 2
Amendment 399 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 3 a (new)
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 3 a (new)
In order to promote technologies and processes which provide high greenhouse gas savings without causing indirect land use change the energy content of those biofuels and bioliquids reaching at least 75% greenhouse gas emission savings and using feedstocks whose estimated indirect land-use change emissions are considered to be zero as described in Annex V Part B shall be considered twice in the national accounting.
Amendment 508 #
2012/0288(COD)
Proposal for a directive
Annex II – point 1 – point b a (new)
Annex II – point 1 – point b a (new)
Directive 2009/28/EC
Annex V – part C – point 16
Annex V – part C – point 16
(ba) point 16 is replaced by the following: 16. Emission saving from excess electricity or excess heat from cogeneration [...] shall be taken into account in relation to the excess electricity or excess heat produced by fuel production systems that use cogeneration except where the fuel used for the cogeneration is a co-product other than an agricultural crop residue. In accounting for that excess electricity or excess heat, the size of the cogeneration unit shall be assumed to be the minimum necessary for the cogeneration unit to supply the heat or electricity that is needed to produce the fuel. The greenhouse gas emission saving associated with that excess electricity or excess heat shall be taken to be equal to the amount of greenhouse gas that would be emitted when an equal amount of electricity or heat was generated in a power plant using the same fuel as the cogeneration unit.
Amendment 542 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point b
Annex IX – part A – point b
(b) Biomass fraction of mixed municipal waste, including separated biowaste, but not other separated household waste and waste paper subject to recycling targets under Article 11(2)(a) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.
Amendment 545 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point c
Annex IX – part A – point c
(c) Biomass fraction of industrial waste, retail and wholesale waste and process residues, but not waste subject to separate collection under Article 11(1) of Directive 2008/98/EC.
Amendment 554 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point g
Annex IX – part A – point g
(g) Tall oil pitchBlack liquor and its derivatives, such as lignin and tall oil pitch, excluding those for which a more valuable commercial use exists according to the waste hierarchy, like crude tall oil.
Amendment 564 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n
Annex IX – part A – point n
(n) Bark, branchesTimber harvesting residues, such as bark, branches, crown mass, small-sized wood, leaves, saw dust and cutter shavings.
Amendment 567 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n a (new)
Annex IX – part A – point n a (new)
(na) Residue from biochemical production.
Amendment 568 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n b (new)
Annex IX – part A – point n b (new)
(nb) Mash.
Amendment 569 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n c (new)
Annex IX – part A – point n c (new)
(nc) Excess yeast.
Amendment 570 #
Amendment 574 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n e (new)
Annex IX – part A – point n e (new)
(ne) Used cooking oil.
Amendment 577 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n f (new)
Annex IX – part A – point n f (new)
(nf) Animal fats classified as category I and II in accordance with EC/1774/2002 laying down health rules concerning animal by-products not intended for human consumption1. __________________ 1 OJ L 273, 10.10.2002, p. 1
Amendment 580 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n g (new)
Annex IX – part A – point n g (new)
(ng) Non-food cellulosic material.
Amendment 584 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n h (new)
Annex IX – part A – point n h (new)
(nh) Ligno-cellulosic material except saw logs, veneer logs and pulpwood.
Amendment 590 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part B – title
Annex IX – part B – title
Amendment 595 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part B – point a
Annex IX – part B – point a
Amendment 600 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part B – point b
Annex IX – part B – point b
Amendment 604 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part B – point c
Annex IX – part B – point c
Amendment 612 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part B – point d
Annex IX – part B – point d
Amendment 192 #
2012/0266(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) The conformity assessment procedure for class I devices should be carried out, as a general rule, under the sole responsibility of the manufacturers in view of the low level of vulnerability associated with these products. For medical devices in classes IIa, IIb and III, an appropriate level of involvement of a notified body should be compulsory, with medical devices in class III requiring explicit prior approval of their design and manufacture before they can be placed on the market. Where product classifications are made stricter, an adequate transition period must be permitted. Particularly in the case of devices which have been on the market for decades and are reliable and problem- free, unnecessary additional testing requirements should be reduced. It would be more appropriate to allocate these resources to innovation.
Amendment 215 #
2012/0266(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to maintain a high level of health and safety, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the products subject to this Regulation that are similar to medical devices but do not necessarily have a medical purpose; adaptation of the definition of nanomaterial to technical progress and to developments at Union and international level; adaptation to technical progress of the general safety and performance requirements, of the elements to be addressed in the technical documentation, of the minimum content of the EU declaration of conformity and of the certificates issued by notified bodies, of the minimum requirements to be met by notified bodies, of the classification rules, of the conformity assessment procedures, and of the documentation to be submitted for the approval of clinical investigations; the establishment of the UDI system; the information to be submitted for the registration of medical devices and certain economic operators; the level and structure of fees for the designation and monitoring of notified bodies; the publicly available information in respect of clinical investigations; the adoption of preventive health protection measures at EU level; and the tasks of and criteria for European Union reference laboratories and the level and structure of fees for scientific opinions delivered by them. The role of reference laboratories should concentrate on post- market activity, so that their work also lends good support to that of the authorities. In the position of reference laboratories, the emphasis should be on independence and clear definition of duties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 220 #
2012/0266(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) To allow economic operators, notified bodies, Member States and the Commission to adapt to the changes introduced by this Regulation, it is appropriate to provide for a sufficient transitional period for that adaptation and for the organisational arrangements to be taken for its proper application. It is particularly important that by the date of application, a sufficient number of notified bodies are designated in accordance with the new requirements to avoid any shortage of medical devices on the market. Notified bodies are economic operators, and they may be regarded as requiring concentration. It is important that notified bodies should be able to cooperate and that concentration of notified bodies should not make it more difficult for SMEs to set up in business.
Amendment 108 #
2012/0242(CNS)
Proposal for a regulation
Recital 8
Recital 8
(8) The European Council conclusions of 29 June 2012 invited the President of the European Council to develop a road map for the achievement of a genuine Economic and Monetary Union. On the same day, the Euro area Heads of State or Government Summit pointed out that when an effective single supervisory mechanism is established involving the ECB for banks in the euro area, the ESM could, following a regular decision, have the possibility to recapitalize banks directly which would rely on appropriatestrict conditionality, including compliance with state aid rules. This conditionality should entail, inter alia, separation of a bank’s commercial banking operations from investment activity, while the bank’s capital is used only for commercial banking operations, with shares in the bank being issued in return for it.
Amendment 122 #
2012/0242(CNS)
Proposal for a regulation
Recital 9
Recital 9
(9) A European banking union should therefore be set up, underpinned by a true single rulebook for financial services for the Single Market as a whole and composed of a single supervisory mechanism, and, once the current banking crisis is past and the banking world has been restored to health, a common deposit insurance and resolution framework. In view of the close links and interactions between Member States participating in the common currency, the banking union should apply at least to all Euro area Member States. With a view to maintaining and deepening the internal market, and to the extent that this is institutionally possible, the banking union should also be open to the participation of other Member States.
Amendment 384 #
2012/0242(CNS)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to ensure that credit institutions are subject to supervision of the highest quality, unfettered by other, non- prudential considerations and that the negative mutually reinforcing impacts of market developments concerns banks and Member States is addressed in a timely and effective way, the ECB should start carrying out specific supervisory tasks as soon as possible. However, the transfer of supervisory tasks from national supervisors to the ECB requires a certain amount of preparation. Therefore, an appropriate phasing-in period should be provided for. The number of banks subject to the supervision of the ECB should increase progressively, taking into account the relevance of the supervision of those banks to ensure financial stability. As a first step the ECB should be able to apply its supervisory tasks to any banks, in particular to banks which have received or requested public financial assistance. As a second step, banks of European systemic importance as reflected in their total exposures and their cross-jurisdictional activities should be covered. Total exposures should be calculated in light of the methodologies defined in the Basel III accord of the Basel Committee on Banking Supervisors on the calculation of the leverage ratio and on the definition of common equity tier 1 capital. The phasing- in process should be completed within onetwo years from the entry into force of this Regulation at the latest.
Amendment 965 #
2012/0242(CNS)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. From the 1st of Jul1 January 20134, the ECB shall carry out the supervisory tasks conferred on it also in relation to the most significant credit institutions, financial holding companies and mixed financial holding companies of European systemic importance at the highest level of consolidation, based on their size as reflected in, the sum of exposure values of all assets and off-balance sheet liabilities not deducted when determining the common equity tier 1 capital for regulatory purposes, and their cross-border activity as reflected in cross-jurisdictional claims such as deposits and other assets in respect of customers or other financial operators located in another country and cross- jurisdictional liabilities such as loans and notes in respect of customers or other financial operators located in another country, which together cover at least half of the banking sector in the Euro area as a whole, on 1 Januaruly 2013. The ECB shall adopt and make public the list of those institutions before 1 MarchOctober 2013.
Amendment 10 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – subparagraph 1
Article 3 – paragraph 1 – point b – subparagraph 1
(b) it must be represented, in at least one quarter of the Member States, by Members of the European Parliament or, through its member parties, in the national Parliaments, regional Parliaments or regional assemblies, or
Amendment 11 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – subparagraph 2
Article 3 – paragraph 1 – point b – subparagraph 2
Amendment 12 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 13 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Before reaching its decision, the European ParliamentCommission shall hear the representatives of the European political party or European political foundation concerned and ask a committee of independent eminent persons to give an opinion on the subject within a reasonable time period.
Amendment 14 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Any natural or legal person may, at any moment, introduce a motivated request to the European ParliamentCommission to verify that one or more of the conditions and requirements referred to in paragraph 1 continue to be met. A breach of the values on which the Union is founded by a European political party, including its members, or a European political foundation can only be established in accordance with paragraph 2.
Amendment 16 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – subparagraph 1
Article 3 – paragraph 1 – point b – subparagraph 1
(b) it must be represented, in at least one quarter of the Member States, by Members of the European Parliament or, through its member parties, in the national Parliaments, regional Parliaments or regional assemblies, or
Amendment 18 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The European Parliament, on a proposal from the Commission, shall adopt a decision on the termination of the European legal status and the removal from the Registry.
Amendment 18 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – subparagraph 2
Article 3 – paragraph 1 – point b – subparagraph 2
Amendment 22 #
2012/0237(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point c
Article 15 – paragraph 5 – point c
(c) donations from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern ithe individual undertaking concerned,
Amendment 23 #
2012/0237(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point d
Article 15 – paragraph 5 – point d
(d) donations from any public authority from a third country, including from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern ithe individual undertaking concerned.
Amendment 24 #
2012/0237(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Contributions to a European political party from its members shall be admissible. These contributions shall not exceed 490% of the annual budget of that European political party.
Amendment 25 #
2012/0237(COD)
Proposal for a regulation
Article 15 – paragraph 8 – subparagraph 1
Article 15 – paragraph 8 – subparagraph 1
8. Contributions to a European political foundation from its members, as well as from European political parties, shall be admissible. These contributions shall not exceed 490% of the annual budget of that European political foundation and may not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union.
Amendment 28 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
2. WThenever requested to do so by one quarter of its members, representing at least three political groups in the European Parliament, the European Parliament shall decide by a majority of its members Commission may decide whether the condition in Article 3(1)(c) for a European political party and in Article 3(2)(c) for a European political foundation continues to be met.
Amendment 30 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Before reaching its decision, the European ParliamentCommission shall hear the representatives of the European political party or European political foundation concerned and ask a committee of independent eminent persons to give an opinion on the subject within a reasonable time period.
Amendment 31 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Any natural or legal person may, at any moment, introduce a motivated request to the European ParliamentCommission to verify that one or more of the conditions and requirements referred to in paragraph 1 continue to be met. A breach of the values on which the Union is founded by a European political party, including its members, or a European political foundation can only be established in accordance with paragraph 2.
Amendment 38 #
2012/0237(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The European Parliament, the Commission, and the committee referred to in Article 7(2) shall ensure that personal data collected by them pursuant to this Regulation are not used for any purpose other than to ensure the legality, regularity and transparency of the funding of European political parties and European political foundations and the membership of European political parties. They shall destroy those personal data at the latest 24 months after publication of the relevant parts in accordance with Article 24.
Amendment 40 #
2012/0237(COD)
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. The European Data Protection Supervisor shall be responsible for monitoring and ensuring that the European Parliament, the Commission, and the committee referred to in Article 7(2) respect and protect the fundamental rights and freedoms of natural persons in the processing of personal data pursuant to this Regulation. Without prejudice to any judicial remedy, every data subject may lodge a complaint with the European Data Protection Supervisor if he or she considers that his or her right to the protection of their personal data has been infringed as a result of the processing of thisese data by the European Parliament or the committee.
Amendment 247 #
2012/0237(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A European political party which is registered in accordance with the conditions and procedures laid down in this Regulation, which isle being represented in the European Parliament by at least one of its members, and which is not in one of the situations of exclusion referred toat least one quarter of the Member States by political parties within the meaning of Article 2(1) (not demanding additional national elected representation to the registration as defined in Aarticle [93] of the Financial Regulation3(1)(b)), and in the European Parliament by at least one of its members, may apply for funding from the general budget of the European Union, in accordance. Applications for funding must be made in conformity with the terms and conditions published by the European Parliament in a call for [contribu. The European political party may not be in a situation of exclusion as defined in the Financial Regulations].
Amendment 294 #
Amendment 365 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph -1 (new)
Article 17 – paragraph -1 (new)
-1. In order to prevent conflicts of interest, Member States shall lay down rules ensuring that insurance intermediaries and employees of insurance undertakings disclose to the customer whether they are: (i) an intermediary representing a customer and, where insurance advice is provided, whether it is provided independently and on the basis of a fair analysis of a sufficiently large number of insurance contracts available on the market; (ii) an intermediary acting for and on behalf of one or more insurance undertakings and, where insurance advice is provided, whether it is on the basis of an analysis of the products offered by one or more insurance undertakings; or (iii) an employee of an insurance undertaking and, where insurance advice is provided, that it is provided only on the basis of an analysis of the products offered by the insurance undertaking.
Amendment 376 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point c – point i
Article 17 – paragraph 1 – point c – point i
(i) it gives independent advice on the basis of a fair analysis, or
Amendment 391 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point e a (new)
Article 17 – paragraph 1 – point e a (new)
(ea) whether in relation to the insurance contract, the source of remuneration is: (i) the policyholder; (ii) the insurance undertaking; (iii) another insurance intermediary; (iv) a combination of (i), (ii) and (iii).
Amendment 393 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 406 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
Amendment 416 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 431 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 440 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 450 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 501 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 513 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When an insurance service or product is offered to a consumer together with another non-insurance service or product as a package, the insurance undertaking or, where applicable, the insurance intermediary shall offer and inform the customer that whether it is possible to buy the components of the package separately and if possible shall provide information of the costs and charges of each component of the package that may be bought through or from it separately.
Amendment 521 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 528 #
2012/0175(COD)
Proposal for a directive
Chapter 7 – title
Chapter 7 – title
Amendment 532 #
2012/0175(COD)
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
This Chapter applies additional requirements to insurance mediation, when carried on in relation toreplaces Articles 15 to 18 of Chapter VI for the sale of insurance investment products by:
Amendment 174 #
2012/0169(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) life insurance products, which do not offer a surrender value or where that surrender value is not wholly or partially exposed, directly or indirectly, to market fluctuationsith or without profit sharing, where the investment risk is not borne by the policyholder and which fall under Annex I (I) of Directive 2002/83/EC and annex II (I) of Directive 2009/138/EC;
Amendment 347 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c – introductory part
Article 8 – paragraph 2 – point c – introductory part
(c) under a section titled ‘Could I lose money?’"Level of Capital Protection", a brief indication of whether loss of capital is possible, including
Amendment 370 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) under a section titled ‘What is it for?’"Objectives and investment policy" an indication of the recommended minimum holding period and the expected liquidity profile of the product including the possibility and conditions for any disinvestments before maturity, having regard to the risk and reward profile of the investment product and the market evolution it targets;
Amendment 376 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) under a section titled ‘What are the r"Risks and what might I get back?’reward profile", the risk and reward profile of the investment product, including a summary indicator of this profile and warnings in relation to any specific risks that may not be fu, its main limitations and a narrative explanation of the risks which are materially reflected in the summary indicator;vant to the PRIP and which are not adequately captured by summary indicator of the risk and reward profile.
Amendment 496 #
2012/0169(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. When a retail investor demonstrates a loss resulting from the use of the information contained in the key information document, the investment product manufacturer shas to prove that the key information document has been drawn up in compliance with Articles 6, 7 and 8 of this Regulationll not incur civil liability solely on the basis of the key information document, including any translation thereof, unless it is misleading, inaccurate or inconsistent with other binding contractual documents. The key information document shall contain a clear warning in this respect.
Amendment 806 #
2012/0150(COD)
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Where an institution does not meet or is likely to breach the requirements of Directive 2006/48/ECminimum own funds requirements according to Article 87 (1) of Regulation (EU) No .../201x of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms], Member States shall ensure that competent authorities, have at their disposal, in addition to the measures referred to in Article 136 of Directive 2006/48/EC where applicable, in particular, the following measures:
Amendment 1099 #
2012/0150(COD)
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 1 – point d
Article 38 – paragraph 2 – subparagraph 1 – point d
(d) liabilities with an original maturity of less than onesix months;
Amendment 1495 #
2012/0150(COD)
Proposal for a directive
Article 94 – paragraph 7 – introductory part
Article 94 – paragraph 7 – introductory part
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 103 in order specify the notion of adjusting contributions in proportion to the risk profile of institutions as referred to in paragraph 2 (c) of this Article, taking into account the following:Risk Weighted Assets of the institution calculated in accordance with Article 87(3) of Regulation (EU) No .../201x of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms].
Amendment 1497 #
2012/0150(COD)
Proposal for a directive
Article 94 – paragraph 7 – point a
Article 94 – paragraph 7 – point a
Amendment 1501 #
2012/0150(COD)
Proposal for a directive
Article 94 – paragraph 7 – point b
Article 94 – paragraph 7 – point b
Amendment 1505 #
2012/0150(COD)
Proposal for a directive
Article 94 – paragraph 7 – point c
Article 94 – paragraph 7 – point c
Amendment 1507 #
2012/0150(COD)
Proposal for a directive
Article 94 – paragraph 7 – point d
Article 94 – paragraph 7 – point d
Amendment 1510 #
2012/0150(COD)
Proposal for a directive
Article 94 – paragraph 7 – point e
Article 94 – paragraph 7 – point e
Amendment 1513 #
2012/0150(COD)
Proposal for a directive
Article 94 – paragraph 7 – point f
Article 94 – paragraph 7 – point f
Amendment 1516 #
2012/0150(COD)
Proposal for a directive
Article 94 – paragraph 7 – point g
Article 94 – paragraph 7 – point g
Amendment 1533 #
Amendment 1598 #
2012/0150(COD)
Proposal for a directive
Article 99 – paragraph 1
Article 99 – paragraph 1
1. Member States shall ensure that, where the resolution authorities take resolution action, and provided that this action ensures that depositors continue having access to their deposits, the deposit guarantee scheme to which the institution is affiliated is liable, up to the amount of covered deposits, for the amount of losses covered deposits would have had to bear if they had not been excluded from the bail- in tool, however not exceeding the amount of losses that it would have had to bear if the institution had been wound up under normal insolvency proceedings.
Amendment 1609 #
2012/0150(COD)
Proposal for a directive
Article 99 – paragraph 3
Article 99 – paragraph 3
3. Member States shall ensure that the determination of the amount by which the deposit guarantee scheme is liable in accordance with paragraph 1 of this Article complies with the conditions established in Article 30 (2) and Article 29 (1)(f).
Amendment 1612 #
2012/0150(COD)
Proposal for a directive
Article 99 – paragraph 4
Article 99 – paragraph 4
4. The contribution from the deposit guarantee scheme for the purpose of paragraph 1 shall be made in cashmay include (without limitation) cash, loan, guarantee or other security.
Amendment 1619 #
2012/0150(COD)
Proposal for a directive
Article 99 – paragraph 6
Article 99 – paragraph 6
6. Member States shall ensure that the deposit guarantee scheme has arrangements are in place to ensure that, following a contribution made by the deposit guarantee scheme under paragraphs 1 or 5 and where the depositors of the institution under resolution need to be reimbursed, the members of the scheme can immediately provide the scheme with the amounts that have to be paiddeposit guarantee scheme will be refunded for its contribution without delay.
Amendment 45 #
2012/0084(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
1. Within their national statistical system, the heads of NSIs shall have the sole responsibility for deciding oncoordinating processes, statistical methods, standards and procedures, and on the content and timing of statistical releases and publications for all European statistics. They shall be empowered to decide on all matters regarding the internal management of the NSI. They shall coordinate the statistical activities of all national authorities that contribute to the development, production and dissemination of European statistics. NSIs shall be responsible for their internal organisation for the purposes of compliance with this Regulation. When carrying out these tasks, the heads of NSIs shall act in an independent manner; they shall neither seek nor take instructions from any government or other institution, body, office or entity; they shall refrain from any action incompatible with the performance of these tasks.
Amendment 48 #
2012/0084(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 223/2009
Article 5a – paragraph 2
Article 5a – paragraph 2
Amendment 66 #
2012/0084(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 223/2009
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
3. Member States shall take all necessary measures to implement the Code of Practice in order to maintain confidence in their statistics. To this effect, each Member State, represented by its government, shallmay, after reaching agreement with the Commission, sign and implement a ‘Commitment on Confidence in Statistics’ whereby specific policy commitments are made to implement the Code and to establish a national quality assurance framework, including self-assessments and improvement actions. The Commitment shall be counter-signed by the Commission.
Amendment 71 #
2012/0084(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Specific quality requirements, such as target values and minimum standards for the production of statisticsstatistical production, may be laid down in sectoral legislation. Where sectoral legislation does not so provide, the Commission may adopt, by means of delegated acts in accordance with Article 26a, such specific quality requirements.
Amendment 141 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certainany control measures or administrative formalities to undertakings posting workers for the provision of services. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information deemed to be effective and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained that purpose.
Amendment 170 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 174 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 177 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 294 #
Amendment 373 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The employer shall communicate prior to the service provision to the competent authorities the information necessary to assess that the employer meets the requirements in Article 3 paragraph 1.
Amendment 394 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The employer shall communicate prior to the service provision to the competent authorities the information necessary to assess that the employer meets the requirements in Article 3 paragraph 1.
Amendment 530 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may onlyshall at least impose the following administrative requirements and control measures:
Amendment 544 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities at the latest atbefore the commencement of the service provision, whereby the declaration may only cover, in one of the official language(s) of the host Member State, shall cover at least: 1) the identity of the service provider, 2) the presence of one or more clearly identifiable posted workers, their anticipated number,anticipated number and the individual identification data of the posted workers, 3) the anticipated duration of posting and location of their presence, and the services justifying the posting; place where the service is to be provided, 4) the services justifying the posting and this declaration shall be updated if the information content changes prior or during the service provision.
Amendment 592 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact person to act as a legal representative or to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 824 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. The competent authority shall include the information referred to in Article 9 paragraph 1 points (a) and (d) and Article 3 paragraph 1 into the IMI system to be without delay available to other competent authorities.
Amendment 128 #
2012/0029(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The creation of an integrated market for securities settlement, with no distinction between national and cross- border securities transactions needs to be the target for the proper functioning of the internal market. Market-driven transformation from national settlement systems into a more integrated market has, for various reasons, proven to be very slow. It is assumed that operation of securities settlement systems needs to be more open to competition and user participation to allow for faster market driven development of more efficient settlement models and interoperability standards. While this Regulation focuses mainly in increasing competition and addressing systemic risks, it is acknowledged that it takes only the first step towards a fully integrated post-trade environment. Therefore an end-date should be given for the transfer. However, before taking further steps, the development of the settlement efficiency and best practices needs to take place in a market-driven way. Securities in book- entry form should be able to be processed in an efficient, timely way with no overlapping processes and ensuring efficient information for the different needs of public authorities. Inspiration may also be sought from the development of the single European payments area where the same is being achieved in transactions with money.
Amendment 129 #
2012/0029(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Due to their key position at the end ofin the settlement process, the securities settlement systems operated by CSDs are of a systemic importance for the functioning of securities markets. Being situated at the top of the securities holding chain through which their participants report the securities holdings of investorin charge of maintaining the top of the securities accounts, the securities settlement systems and account systems operated by CSDs also serve as an essential tool to control the integrity of an issue, that is, hindering undue creation or reduction of issued securities and thereby playing an important role in maintaining investor confidence. Moreover, securities settlement systems operated by CSDs are closely involved in thesecuring collateralisation of for monetary policy operations as well as in the collateralisation process between credit institutions and are, therefore, important actors in the collateral marketisation processes.
Amendment 131 #
2012/0029(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) An open internal market in securities needs to provide complete reachability, meaning that any investor can invest in all EU securities with the same ease and by using the same familiar processes as for domestic securities. It should be sufficient for an investor to use the services of one custodian in order to invest in any EU securities. It is necessary to lay down in a Regulation a number of uniform obligations to be imposed on market participants regarding certain aspects of the settlement cycleprocess and discipline and to provide a set of common requirements for CSDs operating securities settlement systems. The directly applicable rules of a Regulation should ensure that all market operators and CSDs are subject to identical directly applicable obligations, standards and rules. A Regulation should increase the safety and efficiency of settlement in the Union by preventing any diverging national rules as a result of the transposition of a directive. A Regulation should reduce the regulatory complexity for market operators and CSDs resulting from different national rules and should allow CSDs to provide their services on a cross-border basis without having to comply with different sets of national requirements such as those concerning the authorisation, supervision, organisation or risks of CSDs. A Regulation imposing identical requirements on CSDs should also contribute to eliminating competitive distortions.
Amendment 141 #
2012/0029(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Member States' central banks or any other bodies performing similar functions in certain Member States, such as the Member States national bodies charged with or intervening in the management of the public debt may themselves provide a number of services which would qualify them as a CSD. Such institutions should be exempt from the authorisation and supervision requirements, but should remain subject to the fullappropriate set of prudential requirements for CSDs. Since central banks act as settlement agents for the purpose of settlement, they should also be exempt from the requirements set out in Title IV of this Regulation.
Amendment 143 #
2012/0029(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The recording of securities in book- entry form is an important step to increase the efficiency of settlement andand security of holding securities and of settling securities transactions. It is also helpful in ensureing the integrity of a securities issue, e. Especially in a growing cross-border context ofwith an increasing complexity of holding and transfer methods, electronic registrations and updates are essential. For reasons of safety, this Regulation provides for the recording in book-entry form of all transferable securities. This Regulation should not impose one particular method for the initial book-entry recording, which may take the form of immobilisation through the issuance of a global note or of immediate dematerialisation. This Regulation should not impose the type of institution that should record securities in book-entry form upon issuance and permits different actors, including registrars, to perform this function. However, once such securities are traded on trading venues regulated by Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC or provided as collateral under the conditions of Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements, such securities should be recorded in a CSD book-entry system in order to ensure, inter alia, that all such securities can be settled in a securities settlement system, such securities should be recorded in a CSD book-entry system based on a strict agreement between the CSD and initial issuing actor in order to ensure, inter alia, that all such securities can be settled in a securities settlement system. This regulation will not impose the type of holding model, direct or omnibus model or a mix of the two, maintained by the CSDs.
Amendment 145 #
2012/0029(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) LongerThe length of the settlement periods of transactions in transferable securities cause uncertainty and increased risk for securities settlement systems participants. Different durations of settlement periods across Member States hamper reconciliation and are sources of errors for issuers, investors and intermediaries. It is therefore necessary to provide a maximum common settlement period which would facilitate the identification of the intended settlement date and facilitate the implementation of settlement discipline measures. The intended settlement date of transactions in transferable securities which are admitted to trading on trading venues regulated by Directive 2004/39/EC should be no later than on the second business day after the trading takes place. After 2017 this should be shortened to one business day after the trading takes place and after 2020 the settlement should be done on the same day the trading takes place. Parties to transactions may agree bilaterally upon shorter and longer delivery times. Plain free-of-payment transfers should be booked the next business-day, if not otherwise agreed with the sending client, but after 2020 this should also take place on the same day.
Amendment 150 #
2012/0029(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Any legal person falling within the definiproviding core CSD services as defined in section A of a CSDthe Annex needs to be authorised by the competent national authorities before starting its activities. In view of taking into account different business models, a CSD shcould be defined by reference to certainprovide a mix of core services, which consist of settlement, implying the operation of a securities settlement system, notaryinitial issuance of securities and central securities accounts maintenance services. A CSD should at least operate a securities settlement system and provide one other core servicemaintain securities accounts at the top tier level. CSDs should be able to outsource the operations of the services provided. Thise definition of a CSD should exclude, therefore, entities which do not operate securities settlement systems such as registrars or public authorities and bodies in charge of a registry system established under Directive 2003/87/EC. This combination is essential for CSDs to play their role in the securities settlement and in ensuring the integrity of a securities issue.
Amendment 154 #
2012/0029(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Without prejudice to specific requirements of Member States tax legislation, CSDs should be authorised to provide services ancillary to their core services that contribute to enhancing the safety, efficiency and transparency of the internal market in securities markets. Where the provision of such services relates to withholding tax procedures, it will continue to be carried out in accordance with the legislation of the Member States concerned. The CSDs should also fulfil the tax related information and data collection requirements of the Member States of the issuers served.
Amendment 157 #
2012/0029(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) This regulation should have the objective to increase competition, reduce cross-border barriers and improve EU- wide reachability among participants, custodians and end investors in order to serve the whole EU area and internal market. Important features supporting these objectives are free cross-border service provision and efficient infrastructural links among CSDs and towards other entities.
Amendment 179 #
2012/0029(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The requirement that the settlement in commercial bank money of the cash leg of the securities transaction be carried out by a separate legal entity acting as settlement agent is an important measure to increase the safety and resilience of CSDs. Such a separation between core services of CSDs and banking services ancillary to settlement appears indeed indispensible for eliminating any danger of transmission of the risks from the banking services, such as credit and liquidity risks, to the provision of core services of CSDs. There are no less intrusive measures available for eliminating those credit and liquidity risks in order to ensure the envisaged level of safety and resilience of CSDs. However, in order to secure the efficiencies resulting from the provision of both CSD and banking services within the same group of undertakings, the requirement that banking services be carried out by a separate credit institution should not prevent that credit institution from belonging to the same group of undertakings as the CSD. If both CSD and banking services are provided within the same group of undertakings, in order to increase the safety and efficiency of the services provided, the activities of the credit institution providing banking services in connection to CSD services should be limited to the provision of banking services ancillary to settlement. Furthermore, a derogation to the obligation to separate banking services ancillary to settlement from core CSD services should be available in the absence of any danger of transmission of credit and liquidity risks from the banking services to the provision of core services of CSDs. In order to ensure a consistent application of the possibility to derogate from the obligation on CSDs not to provide any banking type of ancillary services, the Commission should be empowered to decide, at the request of a national competent authority, whether any such derogation is permitted in view of the absence of systemic risk incurred by the provision of both CSD core and banking services by the same legal entity. In any case, the activities of a CSD benefiting from any such derogation and authorised as a credit institution should be limited exclusively to the provision of banking services ancillary to settlement.
Amendment 186 #
2012/0029(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) As operators of securities settlement systems, CSDs perform a key role in the process of transferring securities on securities accounts. In order to enhance legal certainty especially in a cross-border context, it is important to establish clear rules on the law applicable to ownership aspects in relation to the securities that are maintained by a CSD in its accounts. Following the approach taken by the existing conflict of laws rules, the applicable law should be the law of the place where the accounts of a CSD are maintained. The CSD should inform all concerned parties about the applicable law.
Amendment 192 #
2012/0029(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The Commission should be empowered to adopt regulatory technical standards in accordance with Article 290 of the Treaty on the Functioning of the European Union and with the procedure set out in Articles 10 to 14 of Regulation (EU) No 1095/2010 with regard to the detailed elements of the settlement discipline measures; the information and other elements to be included by a CSD in its application for authorisation; the information that different authorities shall supply each other when supervising the CSDs; the details of the cooperation arrangements between home and host authorities; the elements of the governance arrangements for CSDs; the details of the records to be kept by CSDs; the details of the measures to be taken by CSDs so that the integrity of the issue is maintained; the protection of the participants‘ securities; the timely achievement of settlement; the mitigation of the operational risks and of the risks derived from the CSD links; the details of the capital requirements for CSDs; the details of the prudential requirements on credit and liquidity risks for the designated credit institutions. The regulatory technical standards addressing the information that different authorities should supply to each other when supervising the CSDs and the details of the cooperation arrangements between home and host authorities should be established by ESMA in close-cooperation with the members of the ESCB.
Amendment 193 #
2012/0029(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The Commission should also be empowered to adopt implementing technical standards by means of implementing acts pursuant to Article 291 of Treaty on the Functioning of the European Union and in accordance with the procedure set out in Article 15 of Regulation (EU) No 1095/2010 with regard to standard forms and templates for the application for authorisation by CSDs; for the provision of information between different competent authorities for the purposes of supervision of CSDs; for the relevant cooperation arrangements between home and host authorities; for formats of records to be kept by CSDs; for the procedures in cases when a participant or an issuer is denied access to a CSD, CSDs are denied access between themselves or between CSDs and other market infrastructures; for the consultation of different authorities prior to granting authorisation to a settlement agent. The regulatory technical standards addressing the provision of information between different competent authorities for the purposes of supervision of CSDs, the relevant cooperation arrangements between home and host authorities and the procedures in cases when a participant or an issuer is denied access to a CSD, CSDs are denied access between themselves or between CSDs and other market infrastructures shall be established by ESMA in close cooperation with the members of the ESCB.
Amendment 195 #
2012/0029(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down uniform requirements for initial recording of securities in book-entry systems, maintaining securities account at the top tier level and the settlement of financial instruments in the Union and rules on the organisation and conduct of central securities depositories to promote safe and smooth settlement.
Amendment 199 #
2012/0029(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation applies to the recordings at CSD-level and the settlement of all financial instruments and activities of CSDs unless otherwise specified in the provisions of this Regulation.
Amendment 208 #
2012/0029(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘central securities depository’ (‘CSD’) means a legal person that operates a securities settlement system listed in point 3 of Section A of the Annex and performs at least one oprovides ther core services listed in Section A of the Annex;
Amendment 209 #
2012/0029(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘settlement’ means the completion of a securities transaction wherever it is concluded with the aim of discharging the obligations of participantses to a transaction through the transfer of funds or securities or both;
Amendment 215 #
2012/0029(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘settlement fail’ means the non- occurrence of settlement or only partial settlement of a securities transaction on the intended settlement date due to a lack of securities or cash, regardless of the underlying cause;
Amendment 220 #
2012/0029(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘participant’ means any participant, as defined in point (f) of Article 2 of Directive 98/26/EC, including a CCP, to a securities settlement system;, which as a financial service provider administers recordings at the top tier level within the CSD on behalf of itself or its investor clients in the form of omnibus-, segregated or direct holdings.
Amendment 222 #
2012/0029(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘standard link access’ means a CSD link whereby a CSD is connected to another CSD as any other participant to the securities settlement system operated by the latter, and whereby the CSDs might agree to customise some aspects of their connectivity, such as communication standards and reporting, without this customisation resulting in any transfer of additional risk;
Amendment 224 #
2012/0029(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘customised link access’ means a CSD link whereby a CSD provides specific services to another CSD distinct from the services provided to other participants to its securities settlement system and which results in additional risks;
Amendment 226 #
2012/0029(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘interoperabilityle links’ means CSD links whereby the securitiea set of reciprocal contractual and technical arrangements sbettlement systems operated by CSDs become interoperable as defined in point (o) of Article 2 of Directive 98/26/ECween two or more CSDs to provide facilities for delivery versus payment settlement between the linked CSDs' participants;
Amendment 246 #
2012/0029(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where the securities referred to in paragraph 1 are traded on regulated markets, traded on multilateral trading facilities (MTFs) or organised trading facilities (OTFs) or are transferred following a financial collateral arrangement as defined in point (a) of Article 2 of Directive 2002/47/EC, those securities shall be recorded in book-entry form in a CSD prior to the trade date, unless they have already been so recorded, those securities shall be recorded in book-entry form in a CSD on or before the intended settlement date.
Amendment 251 #
2012/0029(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 258 #
2012/0029(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. As regards transferable securities referred to in paragraph 1 which are traded on regulated markets, MTFs or OTFs, the intended settlement date shall be no later than on the second business day after the trading takes place. By 1 February 2017, the end investor shall also be entitled to require, for transferrable securities referred to in the first subparagraph, that settlement takes place on the trade date or on the business day following the trade date. Trading venues and securities settlement systems shall provide this option to participants. By 1 February 2020,trading venues and securities settlement systems shall, for transferrable securities referred to in the first subparagraph, provide for immediate, real-time settlement during the trade date where requested by the end- investor.
Amendment 261 #
2012/0029(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. By 1 February 2017, securities settlement systems shall provide for immediate, real-time settlement during the trade date. From that date, securities settlement systems may offer only immediate real- time settlement. However, they may provide for settlement on up to two business days after the trade date where requested by an end-investor..
Amendment 262 #
2012/0029(COD)
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2 b. By 1 February 2017, market makers shall provide trading offers subject to settlement on the trade date or no later than on the second business day after trading takes place.
Amendment 263 #
2012/0029(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The relevant authorityies of the Member States whose law applies to the securities settlement system operated by a CSD and any involved regulated markets and trading venues shall be competent for ensuring that paragraphs 1, 2 and 2a are applied.
Amendment 272 #
2012/0029(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For each securities settlement system it operates, a CSD shall establish procedures that facilitate the settlements of transactions in financial instruments referred to in Article 5(1) on the intended settlement date. It shall promote early settlement on the intended settlement date through appropriate mechanisms, such as a progressive tariff structure.
Amendment 275 #
2012/0029(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For each securities settlement system it operates, a CSD shall establish monitoring tools that allow it or its participants to identify in advance settlements of transactions in financial instruments referred to in Article 5(1) that are most likely to fail and it shall require participantscontain an increased risk to fail and the CSD and its participants shall inform each other about such transactions as early as possible. The CSD and its participants shall have in place procedures to ensure they are able to settle such transactions on the intended settlement date.
Amendment 280 #
2012/0029(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. For each securities settlement system it operates, a CSD shall establish a system that monitors settlement fails of transactions in financial instruments referred to in Article 5(1). It shall provide regular reports to the competent authority and to any person with a legitiwhich should be matde interest as to the number and details of settlement fails and any other relevant information. The competent authorities shall share with ESMA any relevant information on settlement failspublically available on the website of the CSD.
Amendment 303 #
2012/0029(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The relevant authority of the Member State whose law applies to the securities settlement system operated by a CSD shall be competent for ensuring that Articles 6 and 7 are applied and for monitoring the penalties imposed, in close cooperation with the competent authorities of Member States to which markets the CSD provides services of substantial importance as well as with authorities competent for the supervision and oversight of the regulated markets, MTFs, OTFs, and CCPs referred to in Article 7. In particular, the authorities shall monitor the application of penalties referred to in Article 7 (2) and (4) and of the measures referred to in Article 7(6).
Amendment 313 #
2012/0029(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b a (new)
Article 11 – paragraph 1 – point b a (new)
(b a) where applicable, the central bank of the Member State to which market the CSD provides services of substantial importance.
Amendment 315 #
2012/0029(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b b (new)
Article 11 – paragraph 1 – point b b (new)
(b b) where applicable, the supervisory authorities of the Member State to which market the CSD provides services of substantial importance.
Amendment 316 #
2012/0029(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b c (new)
Article 11 – paragraph 1 – point b c (new)
(b c) where applicable, the relevant Ministries of the Member State to which market the CSD provides services of substantial importance.
Amendment 324 #
2012/0029(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The authorisation shall specifycover all the services set out in Sections A and B of the Annex, which the CSD is authorised to provide. and specify which services the CSD intends to provide. Whenever a CSD intends to offer a new service not provided at the time of the initial authorisation, it shall notify the competent authority with a view to update the ESMA register in accordance with Article 19. Where this new service is not explicitly listed in Section B of the Annex, it shall request prior authorisation from the competent authority.
Amendment 327 #
2012/0029(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Securities settlement systemervices on the top- tier level of securities accounts may be operatprovided only by authorised CSDs and central ban, central banks and other public entities assigned with CSD-related tasks.
Amendment 345 #
2012/0029(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) setting up any CSD link non-interoperable CSD link or an interoperable link without employing the ESMA standards established in Article 32.
Amendment 349 #
2012/0029(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The competent authority may limit the withdrawal to a particular service, activity, or financial instrument or for a given period of time.
Amendment 356 #
2012/0029(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The competent authority shall, at least on an annual basis, review the arrangements, strategies, processes and mechanisms implemented by a CSD with respect to compliance with this Regulation and evaluate the risks to which the CSD is, or might be, exposed as well as the impact of the CSD on the markets it serves.
Amendment 359 #
2012/0029(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. When performing the review and evaluation referred to in paragraph 1, the competent authority shall consult at an early stage the relevant authorities referred to in Article 11 concerning the functioning of the securities settlement systems operated and other services provided by the CSD.
Amendment 364 #
2012/0029(COD)
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. When performing the review and evaluation referred to in paragraph 1, the competent authorities responsible for supervising CSDs which maintain the types of relations referred to in points (a), (b) and (c) of the first subparagraph ofand the relevant authorities in Article 15(5)1 shall supply one another with all relevant information that is likely to facilitate their tasks.
Amendment 369 #
2012/0029(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. A CSD authorised under this Regulation is free to provide services covered by its specific authorisation directly in the different Member States of the Union. An authorised CSD may also carry out its activities within the territory of the Union, either by the establishment of a branch or by way of direct provision of services, provided that the types of activities concerned are covered by the authorisation.
Amendment 371 #
2012/0029(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Any CSD wishing to provide its servicesestablish a branch within the territory of another Member State for the first time, or to change the range of services provided by that branch, shall communicate the following information to the competent authority of the Member State where it is established and to relevant authorities referred to in Article 11:
Amendment 376 #
2012/0029(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) in case of a branch, the organisational structure of the branch and the names of those responsible for the management of the branch.
Amendment 383 #
2012/0029(COD)
Proposal for a regulation
Article 21 – paragraph 5 – point b
Article 21 – paragraph 5 – point b
(b) in the absence of any receipt of a communication, after two months from the date of transmission of the communication referred to in paragraph 3. Where the services provided in the host Member State are considered substantial by the competent authority in the host Member State, the latter may subject the authorisation to a specific assessment conducted by itself. In case of disagreement between the home and the host authority, ESMA shall settle the issue in accordance with Article 19 of Regulation 1095/2010;
Amendment 385 #
2012/0029(COD)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. In the event of a change in any of the information communicated in accordance with paragraph 2, a CSD shall give written notice of that change to the competent authority of the home Member State at least one month before implementing the change. The competent authority of the host Member State and the other relevant authorities referred to in Article 11 shall also be immediately informed of that change by the competent authority of the home Member State.
Amendment 387 #
2012/0029(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where a CSD authorised in one Member State has established a branch in another Member State, the competent authority of the home Member State of the CSD, in the exercise of its responsibilities and after informing the competent authority of the host Member State, may carry out on-site inspections in that branch. Where the services provided in the host Member State are considered substantial by the competent authority in the host Member State, the latter may also carry out on-site inspections in that branch and conduct reviews and evaluations, in cooperation with the home competent authority.
Amendment 392 #
2012/0029(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. When, taking into account the situation of the securities markets in the host Member State, the activities of a CSD that has established a branch or interoperability links with other CSDs or security settlement systems in that host Member State or by direct cross-border remote provision of services have become of substantial importance for the functioning or stability of the securities markets and/or the protection of the investors in that host Member State, the home and host competent authorities shall establish cooperation arrangements for the oversight and supervision of the activities of that CSD in the host Member State.
Amendment 393 #
2012/0029(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
Where the competerelevant authorityies as referred in Article 11 of the host Member State has clear and demonstrable grounds for believing that a CSD providing services within its territory in accordance with Article 21 is in breach of the obligations arising from the provisions of this Regulation or that the CSD imposes significant threats to the stability or functioning of the securities markets or to the protection of investors, it shall refer those findings to the competent authority of the home Member State.
Amendment 394 #
2012/0029(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 2
Article 22 – paragraph 5 – subparagraph 2
Where, despite measures taken by the competent authority of the home Member State or because such measures prove inadequate, the CSD persists in acting in breach of the obligations arising from the provisions of this Regulation, after informing the competent authority of the home Member State, the competent authority of the host Member State, in close cooperation with relevant authorities as referred in Article 11 of the host Member State, shall take all the appropriate measures needed in order to ensure compliance with the provisions of this Regulation within the territory of the host Member State. ESMA shall be informed of such measures without delay.
Amendment 405 #
2012/0029(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point c a (new)
Article 23 – paragraph 2 – point c a (new)
(c a) the CSD is established or authorised in a third country that is considered as having equivalent systems for anti-money- laundering and combating the financing of terrorism to those of the Union in accordance with the criteria set out in the common understanding between Member States on third-country equivalence under Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
Amendment 410 #
2012/0029(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. A CSD shall be subject to frequent and independent audits. The results of these audits shall be communicated to the board and made available to the competent authorityto the user committee referred to in Article 26 and made available to the competent authority, as well as, when services are provided under Article 21, to relevant authorities referred to in Article 11. The main findings shall also be made publicly available except for parts containing business secrets.
Amendment 427 #
2012/0029(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. For each securities settlement system it operates and for all other services it provides a CSD shall have publicly disclosed criteria for participation which allow fair and open access. Such criteria shall be transparent, objective, risk-based, and non-discriminatory so as to ensure fair and open access to the CSD. Criteria that restrict access shall only be permitted to the extent that their objective is to control the risk for the CSD.
Amendment 429 #
2012/0029(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 64ESMA shall develop in close co- operation with the members of the ESCB draft regulatory technical standards concerning measures to specify the risks which may justify a refusal by a CSD of access to participants and the elements of the procedure referred to in paragraph 3. ESMA shall submit those draft regulatory technical standards to the Commission by six months from the date of entry into force of this Regulation. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) No 1095/2010.
Amendment 435 #
2012/0029(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
By 1 February 2017, CSDs shall use in their communication procedures with participants of the securities settlement systems they operate and with the market infrastructures they interface with the recognised communication procedures and standards for messaging and reference data in order to facilitate efficient recording, payment and settlemother CSD service they provide communication procedures and messaging and transaction standards established by ESMA, when they have not mutually agreed upon other communication solutions providing at least the same service level and data content.
Amendment 436 #
2012/0029(COD)
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
By 1 February 2017, CSDs shall use for communication between CSDs procedures and messaging and transaction standards established by ESMA, where they have not mutually agreed upon other communication solutions providing at least the same service level and data content. ESMA shall develop those standards with the objective of supporting end-to-end straight-through processing.
Amendment 437 #
2012/0029(COD)
Proposal for a regulation
Article 32 – paragraph 1 b (new)
Article 32 – paragraph 1 b (new)
By 1 February 2017, all employed links between CSDs operating in Members States shall be interoperable DVP- settlement supporting links.
Amendment 438 #
2012/0029(COD)
Proposal for a regulation
Article 32 – paragraph 1 c (new)
Article 32 – paragraph 1 c (new)
By 1 February 2017, CSDs shall use, for communication with market venues and CCPs, procedures and messaging and transaction standards established by ESMA, where they have not mutually agreed upon other communication solutions providing at least the same service level and data content.
Amendment 439 #
2012/0029(COD)
Proposal for a regulation
Article 32 – paragraph 1 d (new)
Article 32 – paragraph 1 d (new)
ESMA shall develop in cooperation with the members of the ESCB draft regulatory technical standards containing the standards and procedures required in paragraphs 1, 2 and 4. ESMA shall submit those draft regulatory technical standards to the Commission by six months from the date of entry into force of this Regulation. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) No 1095/2010.
Amendment 440 #
2012/0029(COD)
Proposal for a regulation
Article 32 – paragraph 1 e (new)
Article 32 – paragraph 1 e (new)
ESMA shall develop these standards with the objective of supporting end-to-end straight-through-processing.
Amendment 442 #
2012/0029(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. A CSD shall take appropriate reconciliation measures to verify that the number of securities making up a securities issue or part of a securities issue submitted to the CSD is equal to the sum of securities recorded on the securities accounts ofat the participants of the securities settlement systemtop tier-level operated by the CSD. Such reconciliation measures shall be conducted intradaycontinuously when possible.
Amendment 444 #
2012/0029(COD)
Proposal for a regulation
Article 35 – title
Article 35 – title
Protection of participants’ and end- investors’ securities
Amendment 452 #
2012/0029(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. A CSD shall offer to keep records and accounts enabling a participant to distinguishseparate the securities of eachany of that participant’s clients, if and as required by that participant (‘individual client segregation’). Participants shall require individual segregation at CSD-level for any individual end-investor upon such a request by an individual end-investor.
Amendment 454 #
2012/0029(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. A CSD shall not use the securities of a participant or an end-investor for any purpose unless it has obtained that participant’s or end-investor’s express consent.
Amendment 456 #
2012/0029(COD)
Proposal for a regulation
Article 35 – paragraph 5 a (new)
Article 35 – paragraph 5 a (new)
5 a. Member States may require certain customer groups to keep certain parts of their securities holdings on individual direct or segregated accounts at the CSD- level.
Amendment 461 #
2012/0029(COD)
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. All securities transactions against cash between direct participants to the securities settlemwithin a CSD system and betweent systems operated by a CSD participants shall be settled on a DVP basis.
Amendment 462 #
2012/0029(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. For transactions denominated in the currency of the country where the settlement takes place, a CSD shall settle the cash payments of its respective securities settlement system through accounts opened with a central bank operating domestically in such currency whenever practical and available.
Amendment 474 #
2012/0029(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. A CSD shall identify all potentiallausible sources of operational risk, both internal and external, and minimise their impact through the deployment of appropriate IT tools, controls and procedures, including for all the securities settlement systems it operates.
Amendment 475 #
2012/0029(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. For its notary and central maintenance services as wellall services it provides as for each securities settlement system it operates, a CSD shall establish, implement and maintain an adequate business continuity policy and disaster recovery plan to ensure the preservation of its services, the timely recovery of operations and the fulfilment of the CSD’s obligations in the case of events that pose a significant risk of disrupting operations.
Amendment 477 #
2012/0029(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The plan referred to in paragraph 3 shall at a minimum provide for the recovery of all transactions atensure that critical information technology systems can resume operations as soon as possible from the time of disruption to allow the participants of a CSD to continue to operate with certainty and to complete settlement on the scheduled date. In case of extreme circumstances, settlement shall be ensured by the end of the day. It shall include the setting up of a second processing site with the requisite level of key resources, capabilities and functionalities, including appropriately skilled and experienced staff.
Amendment 481 #
2012/0029(COD)
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. A CSD shall invest its financial resources only in cash or in highly liquid financial instruments with minimal market and credit risk’s investment strategy shall be consistent with its overall risk- management strategy and fully disclosed to its participants, and investments shall be secured by, or be claims on, high- quality obligors. These investments shall be capable of being liquidated rapidly with minimal adverse price effect.
Amendment 482 #
2012/0029(COD)
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
4. A CSD shall take into account its overall credit risk exposures to individual institutions in making its investment decisionwith which it holds its own financial assets and shall ensure that its overall risk exposure to any individualsuch institution remains within acceptable concentration limits.
Amendment 503 #
2012/0029(COD)
Proposal for a regulation
Article 46 – paragraph 4 a (new)
Article 46 – paragraph 4 a (new)
4 a. A CSD shall analyse and define the law applicable to each book-entry account it maintains and present the outcome to the competent authority for verification.
Amendment 504 #
2012/0029(COD)
Proposal for a regulation
Article 46 – paragraph 4 b (new)
Article 46 – paragraph 4 b (new)
4 b. After the verification by the competent authority of the CSD- and account-specific rules regarding the applicable law, the outcome will become unchallengeable and the CSD shall inform the account holder of the applicable law.
Amendment 505 #
2012/0029(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Without prejudice to the corporate lawlaw, including corporate law and tax collection laws, under which the securities are constituted, an issuer shall have the right to arrange for its securities to be recorded in any CSD established in any Member State.
Amendment 506 #
Amendment 507 #
2012/0029(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
A CSD shall have the right to become a participant ofopen a link with any other CSD in accordance with Article 30 and subject to the authorisation of the CSD link provided under Article 17within the Union.
Amendment 508 #
2012/0029(COD)
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
By 1 February 2017, CSD links shall be interoperable DVP-supporting links.
Amendment 509 #
2012/0029(COD)
Proposal for a regulation
Article 49 – title
Article 49 – title
Amendment 510 #
2012/0029(COD)
Proposal for a regulation
Article 49 – paragraph –1 (new)
Article 49 – paragraph –1 (new)
-1. Until 1 February 2017 a CSD shall have the right to become a participant of another CSD and use a standardized link access.
Amendment 511 #
2012/0029(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Where a CSD requests another CSD to developbefore 1 February 2017 to develop a customised link containing special functions for having access to the latter, the receiving CSD may reject such request only based on risk considerations. It may not deny a request on the grounds of loss of market share.
Amendment 512 #
2012/0029(COD)
Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 5
Article 50 – paragraph 2 – subparagraph 5
The responsible competent authority shall consult the competent authority of the requesting CSD and the relevant authorities referred to in Article 11 on its assessment of the complaint. Where any of the authorityies of the requesting CSD disagrees with the assessment provided, eachany one of the two authorities may refer the matter to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010.
Amendment 513 #
2012/0029(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. The competent authoritiesnd relevant authorities, as referred to in Article 11 of the respective CSDs shall consult each other regarding the approval of the link and may, if necessary in case of divergent decisions, refer the matter to ESMA which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010.
Amendment 514 #
2012/0029(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
A CCP and a trading venue shall provide transaction feeds on a non-discriminatory and transparent basis to a CSD upon request by the CSD and may charge a fee for. Transaction feeds based on ESMA standards should be free of charge. CDSs, CCPs and trading venues may charge a fee for extra services provided in connection with such transaction feeds to the requesting CSD on a cost-plus basis, unless otherwise agreed by both parties.
Amendment 516 #
2012/0029(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
A CSD shall provide access to its securities settlement systems on a non-discriminatory and transparent basis to a CCP or a trading venue and may charge a fee for extra services in connection to such access on a cost-plus basis, unless otherwise agreed by both parties. Access based on ESMA standards should be free of charge.
Amendment 518 #
2012/0029(COD)
Proposal for a regulation
Article 51 – paragraph 3 – subparagraph 3
Article 51 – paragraph 3 – subparagraph 3
The responsible competent authority and the relevant authorities referred to in Article 11 shall duly examine the complaint by assessing the reasons for refusal and shall provide the requesting party with a reasoned reply.
Amendment 519 #
2012/0029(COD)
Proposal for a regulation
Article 51 – paragraph 3 – subparagraph 4
Article 51 – paragraph 3 – subparagraph 4
The responsible competent authority shall consult the competent authority of the requesting party and the relevant authorities referred to in Article 11 on its assessment of the complaint. Where any of the authorityies of the requesting party disagrees with the assessment provided, eachany of the two authoritiesm may refer the matter to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010.
Amendment 591 #
2012/0029(COD)
Proposal for a regulation
Article 53 – paragraph 4 – point a
Article 53 – paragraph 4 – point a
(a) The relevant authorityies referred to in point (a) of Article 11(1) on whether the envisaged provision of services by the designated credit institution will not affect the functioning of the securities settlement system operated by the applicant CSD or stability or functionality of the market or protection of investors;
Amendment 602 #
2012/0029(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Before withdrawing authorisation, the competent authority shall consult the relevant authorities under point (a) ofreferred to in Article 11(1) and the authorities referred to in Article 58(1) on the necessity to withdraw the authorisation except where such a decision is required urgently.
Amendment 603 #
2012/0029(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. ESMA, any relevant authority under point (a) ofreferred to in Article 11(1) and any authority referred to in Article 58(1) may, at any time, request that the competent authority of the Member State where the CSD is established examine whether the CSD and the designated credit institution are still in compliance with the conditions under which the authorisation is granted.
Amendment 654 #
2012/0029(COD)
Proposal for a regulation
Annex 1 – section B – paragraph 1 – point 2 – point d
Annex 1 – section B – paragraph 1 – point 2 – point d
(d) OrderInstruction routing and processing, distribution of payment orders, fee collection and processing and related reporting;
Amendment 656 #
2012/0029(COD)
Proposal for a regulation
Annex 1 – section B – paragraph 1 – point 3
Annex 1 – section B – paragraph 1 – point 3
3. MaintainSafekeeping and administration of financial instruments, by providing, maintaining and/ or operating securities accounts and offering relation to the settlemented asset servicing services, collateral management and other ancillary serviceincluding processing market claims, and collecting taxes related to financial instruments or transactions.
Amendment 658 #
2012/0029(COD)
Proposal for a regulation
Annex 1 – section B – paragraph 1 – point 3 a (new)
Annex 1 – section B – paragraph 1 – point 3 a (new)
3 a. Operational services related to netting and clearing services
Amendment 663 #
2012/0029(COD)
Proposal for a regulation
Annex 1 – section C – title
Annex 1 – section C – title
Amendment 699 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Articles 7(4), 15(1)(e), 17, 18, 22(c) and (e), 33, 35, 36, 37 and 79(4), (5), (6) and (7) of this Regulation shall not be applicable to the processing of personal data carried out by public authorities.
Amendment 956 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 989 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller. This does not apply to public authorities or employer's opportunities to process personal data on the basis of the consent of the citizen or the employee.
Amendment 1257 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)
Article 14 – paragraph 5 – point d a (new)
(da) the data are processed for historical, statistical or scientific research purposes subject to the conditions and safeguards referred to in Article 83 and the provision of such information proves impossible or would involve a disproportionate effort.
Amendment 1386 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. The data subject shall have the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data, unless the data controller is a public authority or an entity commissioned by the authority or otherwise acting on the behalf of an authority for the performance of the commission. The data subject shall have the right especially in relation to personal data which are made available by the data subject while he or she was a child, where one of the following grounds applies:
Amendment 1498 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The data subject shall, unless it would require a disproportionate effort by the data controller, have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject.
Amendment 1522 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Paragraphs 2 and 3 shall not be applicable to the public sector.
Amendment 1700 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 1740 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 2199 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Where the controller or the processor is a public authority or body, the data protection officer may be designated for several of its entities, taking account of the organisational structure of the public authority or body. Several public authorities or bodies may also, taking account of the organisation structure of the public authorities or bodies, jointly designate a data protection officer.
Amendment 2246 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 11
Article 35 – paragraph 11
Amendment 2880 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b
Article 79 – paragraph 3 – point b
(b) an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities.
Amendment 2882 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b a (new)
Article 79 – paragraph 3 – point b a (new)
(ba) a public authority is processing data.
Amendment 2947 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 7 a (new)
Article 79 – paragraph 7 a (new)
7a. Article 79(4) to (7) shall not apply to public authorities. The supervisory authority shall not possess authority to define and impose fines on public authorities.
Amendment 2995 #
2012/0011(COD)
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying other reasons of public interest in the area of public health as referred to in point (b) of paragraph 1, as well as criteria and requirements for the safeguards for the processing of personal data for the purposes referred to in paragraph 1.
Amendment 3039 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
Amendment 3066 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
1a. A person may give consent that sensitive data concerning that person may be used for non-specified historical, statistical or scientific research purposes without the person receiving information about each specific research project.
Amendment 15 #
2011/2306(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the WTO accession of Azerbaijan has been under way since 1997 but progress has been limited and is currently in a stalemate, which is the key obstacle to launching DCFTA negotiations with the EU;
Amendment 38 #
2011/2306(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is convinced that the economic integration of the Eastern Partners with the EU cannot be efficiently carried out without economic integration among the Eastern Partners themselves; emphasises that economic integration among these countries should be open, such that third parties are also able to benefit from it; regrets in this regard that regional frozen conflicts have for many years caused and continue to cause enormous economic losses to some of the Eastern Partners;
Amendment 47 #
2011/2306(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the role of the national parliaments of the EU’s Eastern Partners in approximation of trade legislation with the EU acquis, which is a prerequisite for conclusion and proper implementation of the future DCFTAs; calls in this regard on the EU and its Member States to provide them with greater technical assistancon the subject of technical assistance from the EU, calls on the Eastern Partners to primarily take advantage of the numerous tools and channels already available;
Amendment 57 #
2011/2306(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses concern over the institutional capacity of the Eastern Partners concerned with regard to the actual implementation of a DCFTA; stresses that the conclusion of a DCFTA does not in itself guarantee success unless it is effectively implemented and accompanied by effective measures on competition and against corruption;
Amendment 72 #
2011/2306(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that the DCFTA should include a deep commitment on the part of Armenia to reform its domestic policieregulations in the direction of EU standards, accompanied by effective anticorruption measures;
Amendment 75 #
2011/2306(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises that the accession of Azerbaijan to the WTO is the key prerequisite for opening the DCFTA negotiations and thus bringing EU- Azerbaijan trade relations to a higher level; notes that the nature of the Azerbaijani’s economy does not give the country strong motivation to seek WTO membership andis structured in such a way that it neither directly supports the country’s membership of the WTO nor a DCFTA with the EU; stresses however that the benefits of a DCFTA are not purely economic but that it could also bring about sustainable progress and prosperity in many other areas; urges the Azerbaijani Government therefore to step up its efforts towards WTO membership; in this regard calls on the EU to provide Azerbaijan with the necessary assistance;
Amendment 95 #
2011/2306(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses the need for morthe EU assistanceto provide opportunities for co-operation in order to improve the performance of administrative structures on the condition that the country significantly improves its human rights situation;
Amendment 100 #
2011/2306(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 108 #
2011/2306(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Congratulates Georgia on having remarkably well tackled the dramatic economic impact of the 2008 military conflict with Russia and on having successfully reoriented its exports towards otherAcknowledges Georgia’s reconstruction work following the war of 2008 and its opening of new markets;
Amendment 122 #
2011/2306(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Notes that, for the time being, most Moldovan exports originate from agriculture and thus face fierce competition and strict requirements in the EU market; takes the view that a DCFTA should help diversify Moldovan exports and make the country more competitive;
Amendment 2 #
2011/2293(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that volunteering involves citizens in local and cross-border economically, socially and ecologically sustainable development and therefore plays a role in fostering active citizenship, thereby strengthening cohesion and participative democracy;
Amendment 14 #
2011/2293(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that volunteering contributes to fighting poverty while, helpings to achieve economic and social cohesion and also helps to improve environmental protection while promoting practical interaction in a spirit of solidarity and cultural knowledge, thereby enabling cross-border friendships to form;
Amendment 45 #
2011/2293(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Asks the Commission to ensure that adequate funding is provided for programmes to support cross-border volunteering, and reminds the Commission that voluntary work is organised by many types of non- governmental organisation, as well as by registered religious groups who carry out diaconal work, and maintains that public subsidies for volunteering should be allocated without discriminating against any organiser on the grounds of ideology;
Amendment 61 #
2011/2293(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Member States to promote the use of volunteer time as matching funding for European projects involving non-governmental organisations and religious groups, in particular cross-border initiatives;
Amendment 8 #
2011/2285(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is very concerned that in the past decade progress has only been achieved very slowly, that the wage differential between men and women has remained persistently high in recent years and that, despite the legally binding principle of equal pay for work of equal value, women’s hourly earnings in the EU27 were on average 17.5% less than men’s for the same work in 20091; notes that the flexicurity strategy is not of a nature to reduce existing disparities in employment protection and pay between women and men;
Amendment 48 #
2011/2285(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers it a priority to promote a new culture of shared responsibility, both in private life and at work, to replace the traditional distribution of roles between women and men;
Amendment 65 #
2011/2285(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that legislative and non- legislative measures are needed at the various levels in order to overcome the wage gap, horizontal and vertical exclusion and stereotyping of occupations and sectors as being typically the realm of women;
Amendment 72 #
2011/2244(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 129 #
2011/2244(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to present, as soon as possible, comprehensive current data on female representation within all types of companies in the EU and on the compulsory and non-compulsory measures taken by the business sector as well as those recently adopted by the Member States with a view to increasing such representation, following this exercise, and if the steps taken by companies and the Member States are found to be inadequate, to propose legislation, including quotapracticable proposals, by 2012 to increase female representation in corporate management bodies to 30% by 2015 and to 40% by 2020, while taking account of the Member States’ responsibilities and of their economic, structural (i.e. company-size related), legal and regional specificities;
Amendment 174 #
2011/2244(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterated its position on sexual and reproductive health rights, as stated in its resolutions of 1 February 2010 and 8 February 2011 on equality between women and men in the European Union – 2009 and 2010; expresses concern in this respect about recent restrictions on access to sexual and reproductive health services in some Member States, in particular safe and legal abortion;
Amendment 208 #
2011/2244(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges political and religious leaders to publicly throw their weight behind MDG5 and support modern sexual and reproductive health services;
Amendment 5 #
2011/2176(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need for a cost-efficient litigation system which is financed in such a way as to secure access to justice for all patent holders, and also for small and medium-sized enterprises;
Amendment 159 #
2011/2156(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 177 #
2011/2156(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for a single European Treasury to relieve the ECB off its quasi-fiscal role; until that is the case, suggests confiningthe ECB to morve tasks to the European Stability Mechanism (ESM); regrets that, as it stands, the ESM will not operate under Community rules and did not acquire the right to purchase government bonds on the secondary market as this would have meant a relief for the ECB in the current circumstancesaway from its quasi-fiscal role;
Amendment 201 #
2011/2156(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. BelievNotes that the introduction of eurosecurities may constitute the necessary fiscal quantum-leap forward that the Union needs at this juncture;is one way of pooling liability for Member States’ debt, expresses doubts as to whether such a measure is sensible or feasible, and stresses that each Member State is liable for its own debts, but welcomes the rapid implementation of the feasibility report promised by the Commission in its declaration XXX;
Amendment 211 #
2011/2156(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 19 #
2011/2147(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the outsourcing of work through subcontracting and temporary agency work oftenmay sometimes involves less skilled labour and looser employment relationships,
Amendment 50 #
2011/2147(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that legal requirements and employee claims are the two main factors motivating employers to take action, but that sensible employers are interested in OHS even without them, because it improves employees’ welfare and their business’s productivity and reputation;
Amendment 72 #
2011/2147(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets the unequal application across the EU of the Framework Agreement on Work-related Stress and calls on the Commission to present a legislative proposal on work-related stress;
Amendment 83 #
2011/2147(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Draws attention to the proliferation of non-standard forms of employment (temporary work, seasonal work, part-time work, teleworking), which require a specific approach to worker protection; calls for the Commission to develop a legislative instrument on joint and several liability of enterprises in subcontracting chains;
Amendment 102 #
2011/2147(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the reduction in the number of accidents at work in the EU, which is probably due to the fact that greater attention has been devoted to OHS than in the past and it has been improved and because of lower employment levels and a continuing shift to the tertiary sector; hopes that the objectives set at European and national levels and the evaluation of their achievement take better account of this macroeconomic dimension;
Amendment 104 #
2011/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the results of the Commission’s ‘Scoreboard 2009’ project illustrating the individual performances of the Member States; regrets that the data are not subject to any democratic controlaccuracy and comprehensiveness of the data are not always checked impartially and are provided on a purely optional basis;
Amendment 114 #
2011/2147(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Questions whether rights to OHS are respected in the case of undeclared activities and urges that strong measures be taken against the organisation of such activities; stresses that OHS is a right irrespective of the worker’s status, and that this right must be made effective through legislation;
Amendment 139 #
2011/2147(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out that labour inspectors play a vital role in verifying the implementation of the legislation in force and, thereby, in prevention; encourages the Member States to strengthen sanctions against enterprises not complying with their obligations concerning fundamental rights (salaries and OHS, including working hours);
Amendment 160 #
2011/2147(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is concerned about the impact of subcontracting, for example in civil and military nuclear installations, as each employer tends to limit their preventive actions to their own employees; calls on the Commission to propose legislation on subcontractingnd stresses that all employers, including subcontractors, have a responsibility for their own employees and that preventive measures should be targeted at those employees;
Amendment 198 #
2011/2147(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is concerned about working conditions at some sites in the nuclear sector, which employsere seconded workers, agency workers and subcontractors are employed who are poorly informed about their rights; draws attention to the risks that a low level of social protection poses to these workers;
Amendment 203 #
2011/2147(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that excessive working hours and insufficient rest periods are major factors in the increased level of occupational accidents and diseases; hopes that the opt-out provisions applicable to Directive 2003/88/EC will be removed; stresses that these provisions violate the fundamental principles of OSH;
Amendment 212 #
2011/2147(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is alarmed at the increase in enforced part-time work, enforced teleworking, enforced disjointed hours and night work; calls for the risks to the balance between work and private life posed by teleworking and multiple jobs to be assessedsuch enforced working arrangements and multiple jobs to be assessed, but observes that to some workers these arrangements may be quite welcome;
Amendment 87 #
2011/2107(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that although excellence is considered the main generalthe main overarching principle and criterion for R&D funding, but it must be borne in mind that the nature of excellence differs with the type of participant or the very nature of the research and innovation project (the excellence criterion for a research institution is not the same as for an individual researcher or for an SME, and also differs between fundamental and applied projects);
Amendment 5 #
2011/2089(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes, as regards the competition sector, that the most effective tool for deterrence continues to be public enforcement by the Commission and national competition authorities; is also convinced that private enforcement through collective redress could facilitate the compensation at EU level of harm caused to consumers and undertakings;
Amendment 13 #
2011/2089(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that private enforcement already exists in most Member States even though, but many do not have explicitly establishedclear specific rules on collective redress; recalls that only Member States have the competence to legislate on the rules applicable for quantifying the amount of compensation that can be awarded;
Amendment 26 #
2011/2089(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the leniency policy is an essential tool for uncovering cartels; emphasises that any collective redress should not compromise the effectiveness of the leniency programme; underlines, therefore, that any legislative instrument applicable to collective redress must fully respect the specificities of the antitrust sectorcompetition law leniency system;
Amendment 30 #
2011/2089(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 43 #
2011/2089(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises that, if the Commission recommends any legislative instruments pertaining to collective redress, they should only be adopted under codecision;
Amendment 44 #
2011/2089(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Proposes that the prime means of compensating the losses of those who have suffered damage should be voluntary, extrajudicial dispute settlement procedures which are quick, cheap and effective;
Amendment 176 #
2011/2087(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 254 #
2011/2087(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 263 #
2011/2087(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Proposes the setting up of a European register of sports agents, in which agents would list the players that they represent, and the amount they are paid;
Amendment 331 #
2011/2087(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 6 #
2011/2084(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the revenue from the organisation of many gambling games is based on probability calculations and that in the long term the revenue is therefore certain and may be very great, depending on the way in which the games are organised, so that permits for these games and the ways in which they are organised should be regulated with particular care, and secondly that if the final outcome is not based on probability calculations, for example in the case of betting, an effort should be made to eliminate opportunities to influence the final outcome by means of bribery or other dishonest methods;
Amendment 7 #
2011/2084(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls the growing economic importance of the online gambling industry, notes, however, that the market and other data published in the Green Paper are highly contested estimates and should be checked against data which online gambling operators taking part in the consultation on the Green Paper on online gambling should be requested to provide; agrees with the Court of Justice of the European Union that this is an economic activity with specific characteristics;
Amendment 11 #
2011/2084(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that it may be possible to use on-line gambling games to launder money and for other criminal activity;
Amendment 12 #
2011/2084(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underscores the standpoint of the European Court of Justice, that the Internet is simply a channel for offering games of chance; although this does not affect the Member States' competence to decide about its specific regulatory approach of Internet gambling and to limit or exclude certain services from being offered to its consumers;
Amendment 27 #
2011/2084(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Respects the decision by a number of Member States to ban Internet gambling totally or partially, or maintain a monopoly, as it is their right, according to the jurisprudence of the Court of Justice; notes that a number of the biggest EU- based commercial online gambling operators make the largest part of their revenue in Member States where such a non-discriminatory ban is in place, in clear violation of EU law;
Amendment 29 #
2011/2084(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 30 #
2011/2084(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Points to the need to respect the competence of the Member States to regulate gambling services and therefore also the ways gambling services can be promoted and/or advertised;
Amendment 31 #
2011/2084(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Notes that, after the many clarifications provided by the Court of Justice in its most recent gambling rulings, there is no basis for the existing infringement cases launched in 2006 and 2007; calls on the Commission to drop these cases;
Amendment 34 #
2011/2084(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. insists on the need to dissuade players from engaging in illegal gambling, which means that lawful serv; points to the Court of Justice’s must be provided as a system that is coherent across the whole of Europe, especially standing jurisprudence that, in the specific and sensitive area of gambling, public monopolies or private monopolies under strict supervision of the state are likely to be more effective at channelling terms of tax treatmehe desire to gamble and the operation of games int,o and applies common standards of accountability and integrity controlled circuit and at overcoming the risks connected with the gaming industry than a system under which private operators operate in competition with each other;
Amendment 40 #
2011/2084(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that, in order to engage in on-line gambling, it should be a requirement to open a gambling account, players should be identified in a precise and watertight manner in order to open a gambling account, and financial transactions should be monitored, all of which should be absolute requirements in order to protect gamblers, ensure that systems of gambling bans are effective and prevent under-age gambling, abuses and crime;
Amendment 41 #
2011/2084(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls - in keeping with the principle of ‘active subsidiarity’ - for a common regulatory framework laying down binding high-level standards or coordinated approaches, where appropriate, in addition to national standards, with regard to preventing gambling addiction and betting fraud and to protecting young people; reaffirms its position that, in as sensitive an area as gambling, industry self-regulation can only complement but not replace statutory legislation; takes note of self-regulatory initiatives taken by public and commercial gambling operators’ associations with regard to responsible gaming and other standards; rejects the idea of making the CEN Workshop Agreement on responsible remote gambling measures, which is non-binding and only reflects the lowest common denominator among commercial online gambling operators, a template for an EU legal framework; rejects the ideas of establishing an “EU Safe Gambling” mark of trust and creating a common EU certification procedure based on these or other voluntary standards as an obvious attempt to circumvent national statutory requirements, especially the requirement for a national licence as confirmed by the Court of Justice;
Amendment 46 #
2011/2084(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that immediately upon the creation of a gambling account, comprehensive and accurate information must be available concerning gambling games, responsible gambling and opportunities for treatment of dependence on gambling, that gamblers should set themselves monetary limits on expenditure per 24 hours and per month, which should apply to the whole gambling service, and that gamblers should also be protected by limiting incentives and rewards for gambling;
Amendment 47 #
2011/2084(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Respects the right of the Member States to draw on a wide variety of repressive measures against illegal online gambling offers; supports, to increase the efficiency of the fight against illegal online gambling offers, the introduction of a regulatory principle whereby a gambling company can only operate (or bid for the required national licence) in one Member State if it does not operate in contravention of the law in any other EU Member State;
Amendment 49 #
2011/2084(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers that the various forms of on-line gambling, such as rapid interactive games of chance which have to be played at a frequency of seconds, betting or lotteries in which the draw takes place weekly, differ from one another and require different solutions, because opportunities for abuses are greater in some forms of gambling than in others, and in particular the opportunity for money laundering depends on the strength of identification, the type of game and also the methods of payment used, which makes it necessary in the case of some forms of game to monitor play in real time and exercise stricter control than is the case with others;
Amendment 50 #
2011/2084(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls for cooperation between national regulatory bodies to be considerably expanded, with the Commission being involved, so as to develop common standards and take joint action against online gambling companies which operate in one or several Member States without the required national licence for all the games they offer; states that, in particular for combating money laundering, betting fraud and other, often organised, crime, national stand-alone solutions are not successful; points to the discussions in Council as to whether and in what way the Internal Market Information System could contribute to a more effective cooperation between national regulatory bodies;
Amendment 52 #
2011/2084(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Considers that, in order to prevent money laundering and abuses, it must be possible to identify players individually without fail even though organising identification adds to operating costs or may reduce turnover;
Amendment 53 #
2011/2084(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Considers that it should be rendered impossible to create more than one gambling account per person with the same gambling company by means of an identification procedure, making use for this purpose, for example, of on-line banking ID codes or an infallible electronic identification system based on a bank card or credit card or on some other method;
Amendment 54 #
2011/2084(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Takes the view that Member States should designate an authority responsible for monitoring the operations of gambling companies and, if necessary, another authority to which gambling companies should report suspicious incidents, and that these authorities should be given the opportunity, where necessary, to intervene actively in financial transactions;
Amendment 55 #
2011/2084(INI)
Draft opinion
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Considers that cooperation and the adoption of best practices between national supervisory authorities should be promoted and that they should exchange information with the responsible authorities of other Member States in order to prevent abuses and money laundering;
Amendment 56 #
2011/2084(INI)
Draft opinion
Paragraph 3 h (new)
Paragraph 3 h (new)
3h. Considers that approval and monitoring by supervisory authorities should focus not only on financial transactions but also on all those subfields of on-line gambling which have interfaces with the prevention of abuses and crime, such as identification systems and risk assessments, and that monitoring procedures and tools should primarily be such that the authority can perform its supervisory duties independently of the operator or of the supplier of the system;
Amendment 57 #
2011/2084(INI)
Draft opinion
Paragraph 3 i (new)
Paragraph 3 i (new)
3i. Considers that monitoring of financial transactions should be possible, for example, in such a way that payments to or from a gambling account have to be made using a single bank account or other account registered by the gambler when creating it, the holder of which account must be identifiable;
Amendment 68 #
2011/2084(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 83 #
2011/2084(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that on-line gambling is a major source of funding for the sporevenue from gambling with lottery games contributing the by far largest part, is a major source of funding for public benefit causes in the EU such as sport, arts iandustry; recalls that on-line betting is one form of the commercial exploitation of sporting ev culture, charity/social projects, science/health/research, education/youth, environment/climate change and developments; calls on the Commission to look at ways in which revenues from sports betting might be routinely used to safeguard the integrity of spopular sport and develop itrting competitions from betting manipulations, while considering that any funding mechanism should not lead to a situation from which only very few professional, broadly televised sports would benefit while other sports and especially grassroots sport would see the funding generated by sport betting diminished; calls on the Commission to ensure that there is a high level of legal securicertainty, particularly regarding application of the rules on state aid;
Amendment 87 #
2011/2084(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that Member States have the right to exclude private profit-making interests from the gambling sector and may restrict the operation of gambling to public or charitable bodies;
Amendment 56 #
2011/2051(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the European Parliament upholds the concept of multifunctional, broad-based agriculture spread throughout Europe, including areas with specific problems, and whereas in its resolution of 8 July 2010 on the future of the CAP after 2013 it already laid the foundations for sustainable agriculture,
Amendment 519 #
2011/2051(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that decoupling has essentially proved its worth, given the increased effect on income and greater autonomy in decision-making on the part of farmers and the associated simplification of the CAP, and calls for this also, in general, to apply to suckler cow and sheep premiums; recognises, however, that in certain sectors and regions such as mountain regions and Nordic type areas with comparable conditions, where there are no alternatives to relatively labour- intensive livestock farming, there may be considerable economic and environmental drawbacks which cannot be reconciled with the aims of the Treaty; acknowledges, therefore, that production-based premiums might be defensible within a narrowly defined framework for a limited periodcan be considered essential even after 2013;
Amendment 553 #
2011/2051(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls – without casting any doubt on the results of the 2008 Health Check of the CAP – for appropriations under Article 68 of Regulation (EC) No 73/2009 primarily to be allocated for measures to promote territorial coherence and boost key sectors (e.g. the dairy and sheep sectors and suckler cows), for area-based environmental measures (e.g. organic farming) which to date have not been included in the second pillar; considers that the budget for Article 68 could – subject to contrary results of an impact assessment – cover up to 10% of direct payments and in exceptional cases even higher due to extreme natural conditions;
Amendment 583 #
2011/2051(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to submit by 30 June 2016 a report setting out comprehensively how livestock farming in Europe can be safeguarded in the long term with regard to multifunctionality and regional aspects (such as mountain areas, Nordic regtype areas with comparable conditions and extremely remote areas) and also dealing with the question of how far the aims of the CAP can be realised in a more efficient, targeted way by means of decoupled, indirect support, e.g. premiums for extensive grassland or pasture land;
Amendment 1018 #
2011/2051(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Advocates that the 2006 sugar market reformgime be extended at least to 2020 in its existing form in order to develop a system for the subsequent period which can operate without quotas;
Amendment 1151 #
2011/2051(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Advocates in this connection that the compensatory allowance for disadvantaged areas be retained in the second pillar; considers that it should be ascertained whaalls for its effectiveness to be increased; considers that the current cofinancing rate appears to be appropriate; calls on the Commission to retain the existing criteria for demarcation of disadvantaged areas;
Amendment 1188 #
2011/2051(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Advocates that, in the case of measures which are of particular importance to Member States, an optional increase of 25% in national financing in the second pillar (top-up) should be possible the existing co-financing rates should apply also after 2013;
Amendment 75 #
2011/2047(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges that economic growth can be an important driver of development; stresses, however, that the impact of growth on poverty eradication will be much higher if inequality is reduced and human rights are respected; insists, therefore, that EU development assistance must be geared towards pro-poor growth through the adoption of measures which specifically focus on the poor in order to foster an increase in their share of national wealth and allow them to become a driving force for growth;
Amendment 87 #
2011/2047(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Supports efforts to promote industrial development, provided that social and the development of infrastructure, provided that social standards, ethically responsible approaches and environmental standards are obsadherved to;
Amendment 103 #
2011/2047(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that the provision of basic social services is crucial to pro-poor growth; calls for 20% of all EU assistance to be earmarked for basic social services, as defined by the OECD, with a special focus on free access to primary health care and basic education; proposes that the European Union and its Member States should provide more effective support for civil-society actors, who have an important role to play in the provision of public services and in meeting basic needs to enable people to live in a manner compatible with human dignity;
Amendment 118 #
2011/2047(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Acknowledges that the development of the private sector in developing countries is crucial to creating employment opportunities, delivering services and enhancing wealth creation; recalls that 90% of jobs in developing countries are in the private sector; stresses that, in keeping with the pro-poor agenda, EU development aid should focus on encouraging recipient countries to create an environment conducive to the development of small, medium-sized and micro- enterprises and on the removal of barriers to formalisation, and that services and capacity-building should be targeted in particular on poorer entrepreneurs;
Amendment 176 #
2011/2047(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Insists that the EU should also address the root causes of food insecurity, including food-price speculation and ‘land grabbing’; reiterates that the reform of the Common Agricultural Policy must take into account the Treaty obligation of PCD; observes that the agricultural support system should be reformed in such a way that it does not prevent fair competition and damage developing countries’ ability to gain strength through their own productive activity;
Amendment 188 #
2011/2047(INI)
Motion for a resolution
Paragraph 23 k (new)
Paragraph 23 k (new)
23k. Transparency In order to increase transparency and public acceptance of development projects funded fully or partially by the EU or the Member States, calls for creating an electronic data base that provides information on ODA; believes that this data base should enable users to track all EU donors’ and, if applicable, United Nations Agencies’ projects and programs in all recipient countries, who finances them, and which organization implements them; it should be user friendly and accessible to all through the Internet; it should have a function which makes it easy to search for specific information through a set of predefined criteria (donor, DAC sector, location, project status, funding type and MDGs) and offer tables and geographic maps for analysis; notes that this kind of data base is also essential for strengthened coordination and harmonization among donors and alignment with the government of the recipient country;
Amendment 87 #
2011/2032(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that priority is now being given to making greater and more vigorous practical use of the Union’s existing range of incentives, and to eliminating inconsistencies and double standards in their implementation, which undermine perceptions of Europe and the latter’s ability to implement a strong, consistent policy; points out that it is essential, if the EU is to have a credible foreign policy and support the development of democracy, that an exemplary policy of respect for human rights and democracy should be pursued within the EU and its Member States as well;
Amendment 204 #
2011/2032(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance, at the end of each election observation mission, of drawing up realistic and achievable recommendations, the implementation of which must be strongly supported by all the EU institutions and by the Member States; also stresses the need for close cooperation with other international operators such as the Council of Europe, the OSCE and the International Institute for Democracy and Electoral Assistance to strengthen the effectiveness of worldwide democracy work;
Amendment 228 #
2011/2032(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Affirms the need for a more committed policy on social, cultural and political rights and in the areas of promoting the freedom of ‘old’ and ‘new’ media, protecting the media, reducing the digital divide and facilitating internet access, developing participation opportunities for women and minorities, supporting the principle of the rule of law and good governance and eradicating corruption;
Amendment 279 #
2011/2012(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that European eco-industries employalthough all industries need to make their production more sustainable, by one definition the so- called European eco-industries employ, mostly with the help of public subsidies, approximately 3.4 million (FTE), which is ten times the figure for direct employment in the EU steel sector in 2007; points out that, according to recent studies, raising the EU climate target to 30% can foster up to 6 million additional jobs in Europe on the condition that public subsidies are increased; notes that care should be taken to use public subsidies in an optimally effective manner;
Amendment 290 #
2011/2012(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers that, while moving to a more ambitious climate target does have primarilymay, if public subsidies are increased, have a positive impact on job creation, measures should be taken to facilitateadapt to the ongoing structural change and to facilitate labour-force retraining in communities with a large- scale loss of high carbon employment and also to ensure that new growth sectors have sufficient access to appropriately skilled labour;
Amendment 36 #
2011/2007(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Strongly welcomes the fact that 156 countries have now ratified or acceded to the Mine Ban Treaty including 265 EU member states but regrets that some 37 countries have still not signed;
Amendment 32 #
2011/0442(COD)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) The representatives of the Union in the governing bodies of the EBRD should encourage the EBRD to take due note of the differences between most of the countries of the Southern and Eastern Mediterranean and the post-communist countries where the EBRD has traditionally operated. The EBRD should therefore be encouraged to undertake a tailored approach in each country and take into consideration for example the revolutionary context, the role of extremist forces, the role of the military and the monarchic political structures in some of those countries. The EBRD should therefore review its country and sector-level indicators and methodology of assessment of the political, economic, social and environmental situation and impacts of its operations;
Amendment 34 #
2011/0442(COD)
Proposal for a decision
Recital 5 b (new)
Recital 5 b (new)
(5b) In accordance with Decision No 1219/2011/EU of the European Parliament and of the Council of 16 November 2011 concerning the subscription of the European Union to additional shares in the capital of the European Bank for Reconstruction and Development (EBRD) as a result of the decision to increase this capital1, the Commission should make an assessment of the European public investment banking system; ___________ 1 OJ L 313, 26.11.2011, p. 1.
Amendment 36 #
2011/0442(COD)
Proposal for a decision
Recital 5 c (new)
Recital 5 c (new)
(5c) The representatives of the Union in the governing bodies of the EBRD should encourage the EBRD to strengthen the work of the Audit Committee of the EBRD and the Office of the Chief Compliance Officer in view of the request of the European Parliament for an increase of transparency and tighter control to prevent secrecy by the beneficiaries or the use of tax havens;
Amendment 38 #
2011/0442(COD)
Proposal for a decision
Recital 5 d (new)
Recital 5 d (new)
(5d) The representatives of the Union in the governing bodies of the EBRD should encourage the EBRD to cooperate with other financial institutions and development actors as well as the civil society in the country where it is operating or planning to operate in order to avoid overlap and to act in a more complementary way and gain mutually supportive positive development effects;
Amendment 97 #
2011/0438(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Member States should be encouraged to use a service voucher system, which is a new effective tool to arrange public services. It is beneficial to SMEs because it is very easy to get to participate in a service voucher system. A service voucher system gives a freedom of choice to the citizen who may select the service provider from several alternatives. A service voucher system is beneficial to the authority as well, as it is much easier to establish a service voucher system compared to a classic public procurement.
Amendment 101 #
2011/0438(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Job creation depends heavily on small and medium sized enterprises. SMEs have been able to offer new, sustainable jobs even in the times of economic crisis. As public authorities use around 18 % of GDP on public procurement, this legislative regime has significant impact on SMEs' ability to continue creating new jobs. Thus, public contracts should be made as accessible as possible for SMEs, both above and below the thresholds, which are defined in this Directive. In addition to the specific tools, which are tailored to enhance the involvement of SMEs in the public procurement market, Member States and contracting authorities should be strongly encouraged to create SME-friendly public procurement strategies. The Commission has published a staff working document "European code of best practices facilitating access by SMEs to public procurement contracts" (SEC (2008)COM 2193), which aims at helping member states create national strategies, programs and action plans in order to improve SMEs participation in these markets. Efficient public procurement policy has to be coherent. National, regional and local authorities have to rigorously apply the rules set in the Directive and on the other hand, implementing general policies designated to enhance SMEs access to public procurement markets will remain extremely important especially from the perspective of job creation;
Amendment 125 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) 'service voucher system' is a system where a contracting authority gives a service voucher to a customer who can then acquire a service from a service provider which is included by the contracting authority to the service voucher system. The contracting authority pays the sum corresponding to the value of the service voucher to the service provider;
Amendment 129 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, or transactions by the contracting authorities to raise money or capital, central bank services and operations conducted with the European Financial Stability Facility;
Amendment 146 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract.
Amendment 149 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a public contract without applying this Directive to a legal person which it controls jointly with other contracting authorities, and the legal person over which the contracting authority or authorities exercise control may acquire goods and services from those public owners without applying this directive, where the following conditions are fulfilled:
Amendment 159 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is no active private participation in the controlled legal person.
Amendment 166 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities, while one representative may represent one or many participating contracting authorities;
Amendment 173 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
Article 11 – paragraph 3 – subparagraph 2 – point c
Amendment 177 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point d
Article 11 – paragraph 3 – subparagraph 2 – point d
Amendment 190 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point e
Article 11 – paragraph 4 – point e
(e) there is no active private participation in any of the contracting authorities involved.
Amendment 192 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
The absence of active private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the contract or of the conclusion of the agreement.
Amendment 195 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any active private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures.
Amendment 198 #
Amendment 199 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1. The purpose of this Directive is to safeguard the efficiency of the use of public funds, promote high-quality procurement, strengthen competition and the functioning of the public procurement markets and safeguard equal opportunities for companies and other providers in offering supply, service and public works contracts under competitive bidding for public procurement.
Amendment 202 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Contracting authorities must try to ensure that the contractors are of good reputation not having gravely broken against national or international environmental, social, labour or other relevant laws.
Amendment 218 #
2011/0438(COD)
Proposal for a directive
Article 22 – introductory part
Article 22 – introductory part
Amendment 219 #
2011/0438(COD)
Proposal for a directive
Article 22 – point a
Article 22 – point a
Amendment 220 #
2011/0438(COD)
Proposal for a directive
Article 22 – point b
Article 22 – point b
Amendment 221 #
2011/0438(COD)
Proposal for a directive
Article 22 – point c
Article 22 – point c
Amendment 222 #
2011/0438(COD)
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. This Directive does not prevent Member States from complying with ILO Convention 94 on Labour Clauses in public contracts.
Amendment 225 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 405 days from the date on which the contract notice was sent.
Amendment 226 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders, as laid down in the second subparagraph of paragraph 1 of this Article, may be shortened to 230 days, provided that both of the following conditions are fulfilled:
Amendment 227 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 228 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 3045 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
Amendment 231 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 345 days from the date on which the invitation to tender is sent.
Amendment 235 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Sub-central contracting authorities may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all candidates have the same time to prepare and submit their tenders. Where it is not possible to reach agreement on the time limit for the receipt of tenders, the contracting authority shall fix a time limit which shall be at least 105 days from the date of the invitation to tender.
Amendment 236 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 237 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. When the contracting authority makes corrections to the tender documents during the time limits mentioned in articles 1,2,3, and 4, there shall be 15 days prolongation of these time limits.
Amendment 239 #
2011/0438(COD)
Proposal for a directive
Article 29 a – title (new)
Article 29 a – title (new)
Amendment 240 #
2011/0438(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For commonly used purchases the characteristics of which, as generally available on the market, meet the requirements of the contracting authorities and are of standardized quality, contracting authorities may use a dynamic purchasing system. The dynamic purchasing system shall be operated as a completely electronic process, open throughout its validity to any economic operator that satisfies the selection criteria.
Amendment 241 #
2011/0438(COD)
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36 a Service voucher system In arranging public services contracting authorities may use a service voucher system in order to give customers freedom to choose the service provider. A contracting authority defines the value of the service voucher as well as services in which it can be used and the customers who may use it. A contracting authority may set the requirements which the service provider has to meet in order to be included in the service voucher system. These requirements must be non-discriminatory and proportionate to the subject matter of the service. All service providers that meet the requirements must be included in the system. The list of service providers must be made publicly available. A contracting authority may also choose the service providers to be included in the service voucher system through a procedure provided in this Directive. A customer may select any service provider in the service voucher system or choose not to use the system.
Amendment 243 #
2011/0438(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Member States should be encouraged to use a service voucher system, which is a new effective tool to arrange public services. It is beneficial to SMEs because it is very easy to get to participate in a service voucher system. A service voucher system gives a freedom of choice to the citizen who may select the service provider from several alternatives. A service voucher system is beneficial to the authority as well, as it is much easier to establish a service voucher system compared to a classic public procurement.
Amendment 246 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 2 (new)
Article 40 – paragraph 2 – subparagraph 2 (new)
The requirements shall be limited to the subject matter of the contract and the contracting authority must be able to follow up and control that the requirements are fulfilled;
Amendment 247 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Without prejudice to mandatory national technical rules, to the extent that they are compatible with Union law, the technical specifications shall be formulated in one of the following waysorder of priority:
Amendment 248 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 3 – point -1 (new)
Article 40 – paragraph 3 – point -1 (new)
(-1) by reference to technical specifications and, in order of priority, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or — when those do not exist — national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words 'or equivalent';
Amendment 249 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
Amendment 250 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 3 – point c
Article 40 – paragraph 3 – point c
(c) in terms of performance or functional requirements as referred to in point (a), with reference to the technical specifications referred to in point (b-1) as a means of presuming conformity with such performance or functional requirements;
Amendment 251 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 3 – point d
Article 40 – paragraph 3 – point d
(d) by reference to the technical specifications referred to in point (b-1) for certain characteristics, and by reference to the performance or functional requirements referred to in point (a) for other characteristics.
Amendment 253 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Where contracting authorities lay down environmental, social or other characteristics of a works, service or supply in terms of performance or functional requirements as referred to in point (a) of Article 40(3) they may require that these works, services or supplies bear a specific labels, provided that all of the following conditions are fulfilletheir underlying standards are approved by bodies recognized under Directive 98/34/EC and:
Amendment 255 #
2011/0438(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Job creation depends heavily on small and medium sized enterprises. SMEs have been able to offer new, sustainable jobs even in the times of economic crisis. As public authorities use around 18 % of GDP on public procurement, this legislative regime has significant impact on SMEs' ability to continue creating new jobs. Thus, public contracts should be made as accessible as possible for SMEs, both above and below the thresholds, which are defined in this Directive. In addition to the specific tools, which are tailored to enhance the involvement of SMEs in the public procurement market, Member States and contracting authorities should be strongly encouraged to create SME-friendly public procurement strategies. The Commission has published a staff working document "European code of best practices facilitating access by SMEs to public procurement contracts" (SEC (2008)COM 2193, which aims at helping Member States create national strategies, programs and action plans in order to improve SMEs participation in these markets. Efficient public procurement policy has to be coherent. National, regional and local authorities have to rigorously apply the rules set in this Directive and on the other hand, implementing general policies designated to enhance SMEs access to public procurement markets will remain extremely important especially from the perspective of job creation.
Amendment 259 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point e
Article 41 – paragraph 1 – subparagraph 1 – point e
(e) the criteria of the label are set by a third party accredited according to the recognized accreditation standards, which is independent from the economic operator applying for the label.
Amendment 262 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
Contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities. For products that do not bear the label, contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof.
Amendment 264 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Contracting authorities mayshall authorise tenderers to submit variants where possible. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. VIf variants shall not be authorised without such indicationare not allowed, the contracting authorities shall explain in the tender documents why they are not allowed.
Amendment 269 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point e a (new)
Article 55 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) human trafficking, use of child labour or other crimes against human rights.
Amendment 275 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c
Article 55 – paragraph 3 – subparagraph 1 – point c
(c) where the contracting authority can demonstrate by any means that the economic operator is guilty of other grave professional misconduct; gravely acting against the national social, environmental or labour laws of its home country or the country of the contracting authority or gravely neglecting workers' health and safety,
Amendment 301 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
(b) the lowest cost. Where the award of a contract is based on the lowest cost, the contracting authority shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons.
Amendment 312 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – introductory part
Article 67 – paragraph 2 – subparagraph 1 – introductory part
Where contracting authorities assess the costs using a life-cycle costing approach, they shall indicate in the procurement documents the methodology used for the calculation of the life-cycle costs and provide the method for the calculation of life-cycle costs to any tenderer. The methodology used must fulfil all of the following conditions:
Amendment 320 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
(b) the price or cost charged is more than 230 % lower than the price or costs of the second lowest tender;
Amendment 338 #
2011/0438(COD)
Proposal for a directive
Article 70
Article 70
Article 70 Article 70 Conditions for performance of contracts Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedgingusing different hedging strategies including using price adoption formulas) and that could substantially impact the performance of a contract.
Amendment 342 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 344 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability.
Amendment 347 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 3 – subparagraph 2
Article 72 – paragraph 3 – subparagraph 2
However, the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor, following corporate restructuring operations or insolvency, of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this Directive. Neither shall the first subparagraph apply in the event of restructuring of the contracting authority, as the contracting authority has the right to transfer the agreement to a third party, who will be responsible for the duties of the contracting authority.
Amendment 348 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 510 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 349 #
2011/0438(COD)
Proposal for a directive
Article 73 – paragraph 1 – introductory part
Article 73 – paragraph 1 – introductory part
Member States shall ensure that the national contract law is followed when terminating a public procurement contract. Member States may, when giving contracting authorities have the possibility, under the conditions determined by the applicable national contract law, to terminate a public contract during its term, whererequire that one of the following conditions is fulfilled:
Amendment 361 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) 'service voucher system' is a system where a contracting authority gives a service voucher to a customer who can then acquire a service from a service provider which is included by the contracting authority to the service voucher system. The contracting authority pays the sum corresponding to the value of the service voucher to the service provider;
Amendment 367 #
2011/0438(COD)
Proposal for a directive
Annex VIII – point 2 – introductory part
Annex VIII – point 2 – introductory part
Amendment 368 #
2011/0438(COD)
Proposal for a directive
Annex VIII – point 4
Annex VIII – point 4
(4) ‘'Common technical specification’' means a technical specification laid down in accordance with a procedure recognised by the Member States or, in the field of information and communication technologies, in accordance with Articles 9 and 10 of Parliament and Council Regulation [XXX] on European standardisation [and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament and the Council] which has been published in the Official Journal of the European Union;
Amendment 374 #
2011/0438(COD)
Proposal for a directive
Annex 16 – column 2 - last row
Annex 16 – column 2 - last row
Amendment 530 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities, while one representative may represent one or many participating contracting authorities;
Amendment 535 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point d
Article 11 – paragraph 3 – subparagraph 2 – point d
Amendment 587 #
Amendment 589 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
The purpose of this Directive is to safeguard the efficiency of the use of public funds, promote high-quality procurement, strengthen competition and the functioning of the public procurement markets and safeguard equal opportunities for companies and other providers in offering supply, service and public works contracts under competitive bidding for public procurement.
Amendment 646 #
2011/0438(COD)
Proposal for a directive
Article 22
Article 22
Amendment 688 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 405 days from the date on which the contract notice was sent.
Amendment 693 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders, as laid down in the second subparagraph of paragraph 1 of this Article, may be shortened to 230 days, provided that both of the following conditions are fulfilled:
Amendment 698 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 700 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 3045 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
Amendment 706 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 345 days from the date on which the invitation to tender is sent.
Amendment 712 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Sub-central contracting authorities may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all candidates have the same time to prepare and submit their tenders. Where it is not possible to reach agreement on the time limit for the receipt of tenders, the contracting authority shall fix a time limit which shall be at least 105 days from the date of the invitation to tender.
Amendment 714 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 715 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. When the contracting authority makes corrections to the tender documents during the time limits mentioned in paragraphs 1, 2, 3, and 4, there shall be 15 days prolongation of these time limits.
Amendment 787 #
2011/0438(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29 a A service voucher system In arranging public services contracting authorities may use a service voucher system in order to give customers freedom to choose the service provider. A contracting authority defines the value of the service voucher as well as services in which it can be used and the customers who may use it. A contracting authority may set the requirements which the service provider has to meet in order to be included in the service voucher system. These requirements must be non-discriminatory and proportionate to the subject matter of the service. All service providers that meet the requirements must be included in the system. The list of service providers must be made publicly available. A contracting authority may also choose the service providers to be included in the service voucher system through a procedure provided in this Directive. A customer may select any service provider in the service voucher system or choose not to use the system.
Amendment 955 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point e
Article 41 – paragraph 1 – subparagraph 1 – point e
(e) the criteria of the label are set by a third party accredited according to the recognized accreditation standards, which is independent from the economic operator applying for the label.
Amendment 1221 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – introductory part
Article 67 – paragraph 2 – subparagraph 1 – introductory part
2. Where contracting authorities assess the costs using a life-cycle costing approach, they shall indicate in the procurement documents the methodology used for the calculation of the life-cycle costs and provide the method for the calculation of life-cycle costs to any tenderer. The methodology used must fulfil all of the following conditions:
Amendment 1312 #
2011/0438(COD)
Proposal for a directive
Article 70
Article 70
Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedgingusing different hedging strategies including using price adoption formulas) and that could substantially impact the performance of a contract.
Amendment 1378 #
2011/0438(COD)
Proposal for a directive
Article 73 – paragraph 1 – introductory part
Article 73 – paragraph 1 – introductory part
Member States shall ensure that the national contract law is followed when terminating a public procurement contract. Member States may, when giving contracting authorities have the possibility, under the conditions determined by the applicable national contract law, to terminate a public contract during its term, whererequire that one of the following conditions is fulfilled:
Amendment 1568 #
2011/0438(COD)
Proposal for a directive
Annex 8 – paragraph 1 – point 4
Annex 8 – paragraph 1 – point 4
(4) ‘'Common technical specification’' means a technical specification laid down in accordance with a procedure recognised by the Member States or, in the field of information and communication technologies, in accordance with Articles 9 and 10 of Parliament and Council Regulation [XXX] on European standardisation [and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament and the Council] which has been published in the Official Journal of the European Union;
Amendment 244 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 7
Article 4 a – paragraph 7
7. Any fees which applicants may incur in relation to administrative procedures to issue a European Professional Card shall be reasonable, proportionate and commensurate with the costs incurred by the home and host Member States and shall not act as a disincentive to apply for a European Professional Card. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the setting of criteria for the calculation and distribution of fees.
Amendment 267 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EY
Article 4c – paragraph 1
Article 4c – paragraph 1
1. The competent authority of the home Member State shall verify the application, create and validate a European Professional Card within two weeksone month from the date it receives a complete application. It shall inform the applicant and the Member State in which the applicant envisages to provide services, of the validation of the European Professional Card. The transmission of the validation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years.
Amendment 301 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EY
article 4d paragraph 5
article 4d paragraph 5
Amendment 312 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
2005/36/EY
Article 4d paragraph 7
Article 4d paragraph 7
7a. If a profession or a course leading to a profession is not regulated in the home Member State, the competent authority of this Member State shall check in so far as possible that the applicant is a lawful legal person and that the documents supplied are genuine and complete.
Amendment 448 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2005/36/EC
Article 21a – paragraph 2
Article 21a – paragraph 2
Amendment 472 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 - paragraph 1
Article 31 - paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education or general and vocational education of 12 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing.".
Amendment 517 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27 – point b
Article 1 – paragraph 1 – point 27 – point b
Directive 2005/36/EC
Article 40 – paragraph 2 – point a
Article 40 – paragraph 2 – point a
(a) completion of at least the 12 years of general school education or general and vocational education or a certificate attesting success in an examination, of an equivalent level, for admission to a midwifery school for route I;
Amendment 533 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 – point a
Article 1 – paragraph 1 – point 30 – point a
Directive 2005/36/EC
Article 44 – paragraph 2 – point b
Article 44 – paragraph 2 – point b
(b) at the ends part of the theoretical and practical training, a six-month traineeship in a pharmacy which is open to the public or in a hospital under the supervision of that hospital's pharmaceutical department.
Amendment 54 #
2011/0421(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) threats of environmental origin, including threats deriving from the effects of climate change;
Amendment 93 #
2011/0421(COD)
Proposal for a decision
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where a Member State intends to adopt public health measures to combat a serious cross-border threat to health, it shall, before adopting those measures, consult inform the other Member States and the Commission on the nature, purpose and scope of the measures, unless the need to protect public health is so urgent that the immediate adoption of the measures is necessary.
Amendment 95 #
2011/0421(COD)
Proposal for a decision
Article 11 – paragraph 4
Article 11 – paragraph 4
4. In the event of a serious cross-border health threat overwhelmFollowing an alert pursuant to Article 9, Member States shall inform and consult each other withing the national response capacities, an affected Member State may also request assistance from other Member StHealth Security Committee referred to in Article 17 and in liaison with the Commission with a view to coordinates, through the EU Civil Protection Mechanism established by Council Decision 2007/779/EC, Euratom.o the extent possible, basic messages to be adapted to national needs and the actual situation in each Member State
Amendment 97 #
2011/0421(COD)
Proposal for a decision
Article 12
Article 12
Amendment 105 #
2011/0421(COD)
Proposal for a decision
Article 16
Article 16
Amendment 117 #
2011/0421(COD)
Proposal for a decision
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 118 #
2011/0421(COD)
Proposal for a decision
Article 22
Article 22
Amendment 58 #
2011/0418(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) 'European Social Entrepreneurship Fund' (EuSEF) means a collective investment undertaking that invests at least 7less than 30 percent of its aggregate capital contributions and uncalled committed capital in assets othat areer than qualifying investments;
Amendment 94 #
2011/0418(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) those other investors commit to invest a minimum of EUR 100.50 000;
Amendment 53 #
2011/0417(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to put in place an essential safeguard that differentiates qualifying venture capital funds under this Regulation from the broader category of alternative investment funds which trade in issued securities on secondary markets, it is necessary to restrict qualifying venture capital funds to makingthose which make more than 50% of their investments only in directly issued instruments.
Amendment 54 #
2011/0417(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 81 #
2011/0417(COD)
Proposal for a regulation
Article 3 – point a
Article 3 – point a
a) '‘qualifying venture capital fund'’ means a collective investment undertaking that invests at least 7less than 30 percent of its aggregate capital contributions and uncalled committed capital in assets othat are er than qualifying investments;
Amendment 115 #
2011/0417(COD)
Proposal for a regulation
Article 6 – point a
Article 6 – point a
(a) those other investors commit to invest a minimum of EUR 1050 000;
Amendment 105 #
2011/0405(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Support under this Instrument and the European Regional Development Fund should be provided for the Cross-Border Cooperation programmes along the external borders of the European Union between partner countries and Member States to promote integrated and sustainable regional development between neighbouring border regions and harmonious territorial integration across the Union and with neighbouring countries. The European Neighbourhood Instrument funding supports also the implementation of regional cooperation i.a. in the framework of the Northern Dimension and the Black Sea Synergy as well as the external aspects of macro- regional strategies.
Amendment 109 #
2011/0405(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Furthermore, it is important to foster and facilitate cooperation for the common benefit of Union and its partners, notably through pooling of contributions from internal and external instruments of the Union budget, in particular for Cross- Border Cooperation, regional co-operation projects, infrastructure projects of Union interest that will pass through Neighbourhood countries and other areas of cooperation.
Amendment 116 #
2011/0405(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Cross-Border Co-operation willshould contribute as appropriate to the implementation of existing and future regional cooperation, for example in the Northern Dimension and Black Sea regions, as well as of macro-regional strategies.
Amendment 146 #
2011/0405(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Union support under this Regulation shall be used for the benefit of partner countries and the regions involved in the Cross-Border Cooperation. It can also be used for the common benefit of EUthe Union and partner countries.
Amendment 151 #
2011/0405(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Union funding may also be used for the purpose of enabling the Russian Federation to participate in Cross-Border Cooperation , for the common benefit of border regions, and in relevant multi-country programmes, to reflect the specific status of the Russian Federation as both a Union neighbour and a strategic partner in the region.
Amendment 209 #
2011/0405(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Co-operation with Russian Federation is based on its status as the Union neighbour and strategic partnership. The Northern Dimension policy documents and other relevant documents provide the political framework for regional and Cross-border cooperation with Russia. Black Sea Synergy is based on the Joint Statement of the Ministers of Foreign Affairs of the countries of the European Union and of the wider Black Sea area.
Amendment 231 #
2011/0405(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Union support under this Regulation shall in principle be co-financed by the partner and other participating countries through public funds, contributions from the beneficiaries or other sources. The same principle shall be applicable to the cooperation with the Russian Federation, particularly with regard to programmes referred to in points (b) and (c) of Article 6(1) (c). Co-financing requirements may be waived in duly justified cases and when this is necessary to support the development of civil society and non-state actors, without prejudice to compliance with the other conditions set out in the Financial Regulation.
Amendment 241 #
2011/0405(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) multi-country programmes which address challenges common to all or a number of partner countries, and regional and sub-regional cooperation between two or more partner countries, andbased on priorities of the European Neighbourhood Policy, or regional and sub-regional cooperation which may include cooperation with the Russian Federation;
Amendment 249 #
2011/0405(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) for land borders, covering the territorial units corresponding to NUTS level 3 or equivalent along the land borders between Member States and partner countries, and/or the Russian Federation, without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation action;
Amendment 252 #
2011/0405(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In order to ensure the continuation of existing cooperation schemes and in other justified cases, territorial units adjoining to those referred to in paragraph 1 may be allowed to participate in Cross-Border Cooperation. The conditions under which adjacent regions may participate will be laid down in the Joint Operational Programmes. Border regions that belong to countries of the European Economic Area (EEA) and the relevant regions in countries covered by the Instrument for Pre-accession Assistance can also participate in the programmes mentioned in points (a), (b) and (c) of paragraph 1. Participation of the European Economic Area countries in the Cross-Border Cooperation programmes will continue to be based on their own resources.
Amendment 259 #
2011/0405(COD)
Proposal for a regulation
Article 10 – paragraph 12
Article 10 – paragraph 12
12. Following the principle of partnership, participating countries and regions shall jointly select actions for Union support that are consistent with the priorities and measures of the joint operational programme.
Amendment 262 #
2011/0405(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 278 #
Amendment 374 #
2011/0401(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The need for a new approach to control and risk management in Union research funding was recognised by the European Council of 4 February 2011, asking for a new balance between trust and control and between risk-taking and risk avoidance. The European Parliament, in its Resolution of 11 November 2010 on simplifying the implementation of the Research Framework Programmes, called for a pragmatic shift towards administrative and financial simplification and states that the management of European research funding should be more trust-based and risk-tolerant towards participants. The interim evaluation report of the Seventh Framework Programme for Research (2007-2013) concludes that a more radical approach is needed to attain a quantum leap in simplification, and that the risk-trust balance needs to be redressed. This administrative and financial simplification should be completed before the beginning of Horizon 2020.
Amendment 36 #
2011/0389(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b
Article 1 – paragraph 1 – point 15 – point b
Directive 2006/43/EC
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The competent authority shall be governed by a wide range of stakeholders. The competent authority may allow non- practitioners who are knowledgeable in the areas relevant to statutory audit to be involved in the governance of the public oversight system, provided that they are selected in accordance with an independent and transparent nomination procedure. Practitioners shall not be allowedMember States may allow a minority of practitioners to be involved in the governance of the public oversight system.
Amendment 126 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 15 – point b
Article 1 – point 15 – point b
Directive 2006/43/EC
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The competent authority shall be governed by a wide range of stakeholders. The competent authority may allow non- practitioners who are knowledgeable in the areas relevant to statutory audit to be involved in the governance of the public oversight system, provided that they are selected in accordance with an independent and transparent nomination procedure. Practitioners shall not be allowedMember States may allow a minority of practitioners to be involved in the governance of the public oversight system.
Amendment 67 #
2011/0386(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Strong public finances are best ensured at the planning stage and gross errors, which tend to be made most often in economic boom years, should be identified as early as possible. Member States should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary policies.
Amendment 89 #
2011/0386(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This gradually strengthened surveillance will further complement the existing provisions of the Stability and Growth Pact and strengthen the surveillance of budgetary discipline in Member States whose currency is the euro. A gradually enhanced monitoring procedure should contribute to better budgetary outcomes to the benefit of all Member States whose currency is the euro, without creating a surfeit of unnecessary bureaucracy. As part of a gradually strengthened procedure, a closer monitoring is particularly valuable to Member States that are subject to an excessive deficit procedure.
Amendment 113 #
2011/0386(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure the greater transparency and accountability that democracy requires, the competent committee of the European Parliament may offer the opportunity to the Member State concerned by a Commission recommendation to participate in an exchange of views,
Amendment 163 #
2011/0386(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 218 #
2011/0386(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission opinion shall be made public and, a. At the request of the Parliament of the Member State concerned, the Commission shall be presented by the Commission it to the Parliament concerned, giving detailed reasons for the measures called for.
Amendment 260 #
2011/0386(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In case of risks of non-compliance with the deadline to correct the excessive deficit, the Commission shall address a recommendation to the Member State concerned for adoption of further measures within a timeframe consistent with the deadline for the correction of its excessive deficit referred to in paragraph 1. The recommendation by the CommissCommission opinion shall be made public, and, a. At the request of the Parliament of the Member State concerned, the Commission shall be presented by the Commission it to the Parliament concerned, giving detailed reasons for the measures called for.
Amendment 183 #
2011/0371(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) To enhance the international dimension of education, and training and youth notably in higher education by increasing the attractiveness of the Union higher education, notably through cooperation between Union and third country institutions and supporting the Union external action, including its development objectives through the promotion of mobility and cooperation between EU and third country higher education institutions and targeted capacity building in third countriesfield of VET and in higher education.
Amendment 201 #
2011/0371(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) Transnational mobility of staff, withihe mobility of higher education students, pupils and vocational education and training students and apprentices between the participating countries as referred to in Article 18. This mobility may take the form of teaching or taking part in professional development activities abroad.
Amendment 250 #
2011/0371(COD)
Proposal for a regulation
Article 11 – point c – introductory part
Article 11 – point c – introductory part
(c) tTo promote voluntary activities in sport, as well as social inclusion, equal opportunities and health-enhancing physical activity through increased participation in sport.
Amendment 254 #
2011/0371(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 259 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Subject to Article 13.1(a) of this Regulation, the implementation of the Programme shall not result in an allocation to the main education and training sectors and youth sector of less than: – Higher education: [37% ] – Vocational education and training: [22%] – School education: [10%] – Adult education: [3%] – Youth [10%]
Amendment 263 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The funds for the learning mobility of individuals referred to in Article 6(1..1(a) and Article 10b(a) that are to be managed by a National Agency shall be allocated on the basis of population and cost of living in the Member State, distance between capitals of Member States and performance. The parameter of performance accounts for 25% of the total funds according to the criteria as referred to in paragraphs 7 and 8. The funds for strategic partnerships referred to in Article 8(1)(a) and Article 10d (1)(a) that are to be selected and managed by a National Agency shall be allocated on the basis of criteria to be defined by the Commission in accordance with the examination procedure referred to in Article 30(2). These formulae should, as far as possible, be neutral with respect to the different education and training systems of the Member States, should avoid substantial reductions in the annual budget allocated to Member States from one year to another and should minimize excessive imbalances in the level of grants allocated.
Amendment 267 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission in cooperation with Member States shall ensure the dissemination of information, publicity and follow-up with regard to all actions and activities supported underby the Programme, as well as the dissemination of the results of the previous Lifelong Learning, Erasmus Mundus and Youth in Action Programmes.
Amendment 279 #
2011/0371(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Any public andor private body active in the areafields of education, training, youth and grassroots sport may apply within this Programme. In the case of Article 10c (1)(a) and Article 10d (1)(a), the Programme is also intended to support groups of young people who are active in youth work, but not necessarily in the context of a youth organisation.
Amendment 281 #
2011/0371(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. When implementing the Programme, the Commission and the Member States shall ensure particular efforts to facilitatepromote social inclusion and the participation of people with difficulties for educational, social, gender, physical, psychological, geographical, economic and cultural reasonspecial needs or with fewer opportunities.
Amendment 290 #
2011/0371(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. By way of derogation from paragraph 2, the selection and award decisions for the strategic Partnerships referred to in paragraph 2(b) may be centralized, if so decided in accordance with the examination procedure referred to in article 30(2) and only in specific cases when there are clear grounds for such centralisation.
Amendment 403 #
2011/0371(COD)
Proposal for a regulation
Article 5 – point d – introductory part
Article 5 – point d – introductory part
(d) To enhance the international dimension of education, and training and youth notably in higher education by increasing the attractiveness of the Union higher education, notably through cooperation between Union and third country institutions and supporting the Union external action, including its development objectives through the promotion of mobility and cooperation between EU and third country higher education institutions and targeted capacity building in third countriesfield of VET and in higher education.
Amendment 672 #
2011/0371(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c – introductory part
Article 11 – paragraph 1 – point c – introductory part
(c) to promote voluntary activities in sport, as well as social inclusion, equal opportunities and health-enhancing physical activity through increased participation in sport.
Amendment 758 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Subject to Article 13(1)(a) , the implementation of the programme shall not result in an allocation to the main education and training sectors and youth sector of less than:
Amendment 759 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new) – point a (new)
Article 13 – paragraph 3 a (new) – point a (new)
(a) [37%] to higher education;
Amendment 760 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new) – point a a (new)
Article 13 – paragraph 3 a (new) – point a a (new)
(aa) [22%] to vocational education and training;
Amendment 761 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new) – point a b (new)
Article 13 – paragraph 3 a (new) – point a b (new)
(ab) [10 %] to school education;
Amendment 762 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new) - point a c (new)
Article 13 – paragraph 3 a (new) - point a c (new)
(ac) [3 %] to adult education;
Amendment 763 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new) – point a d (new)
Article 13 – paragraph 3 a (new) – point a d (new)
(ad) [10%] to youth.
Amendment 771 #
2011/0371(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 798 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission in cooperation with Member States shall ensure the dissemination of information, publicity and follow-up with regard to all actions and activities supported underby the Programme, as well as the dissemination of the results of the previous Lifelong Learning, Erasmus Mundus and Youth in Action Programmes.
Amendment 247 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b
Article 6b
Amendment 353 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 20
Article 1 – point 20
Regulation (EC) No 1060/2009
Article 35a – paragraph 2
Article 35a – paragraph 2
Amendment 355 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 20
Article 1 – point 20
Regulation (EC) No 1060/2009
Article 35a – paragraph 3
Article 35a – paragraph 3
Amendment 357 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 20
Article 1 – point 20
Regulation (EC) No 1060/2009
Article 35a – paragraph 4
Article 35a – paragraph 4
Amendment 373 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 24 – point a
Article 1 – point 24 – point a
Regulation (EC) No 1060/2009
Article 39 – paragraph 1
Article 39 – paragraph 1
1. By 7 December 2012, the Commission shall make an assessment of the application of this Regulation, including an assessment of the reliance on credit ratings in the Union, the impact on the level of concentration in the credit rating market, the cost and benefits of impacts of the Regulation and of the appropriateness of the remuneration of the credit rating agency by the rated entity (issuer-pays model), and submit a report thereon to the European Parliament and the Council By 7 December 2014, the Commission shall assess the impact of the maximum duration of the contractual relationship with a credit rating agency set out in Article 6b and submit a report thereon to the European Parliament and the Council.
Amendment 160 #
2011/0359(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 170 #
Amendment 277 #
Amendment 310 #
2011/0359(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The statutory auditor(s) or the audit firm(s) shall comply with the international auditing standards referred to in Article 26 of Directive 2006/43/EC when carrying out the statutory audit of public-interest entities as long as those standards are in conformity with the requirements of this Regulation.
Amendment 313 #
Amendment 334 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 4
Article 23 – paragraph 1 – subparagraph 4
Amendment 408 #
Amendment 430 #
2011/0359(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The statutory auditor(s) or the audit firm(s) shall comply with the international auditing standards referred to in Article 26 of Directive 2006/43/EC when carrying out the statutory audit of public-interest entities as long as those standards are in conformity with the requirements of this Regulation.
Amendment 435 #
Amendment 557 #
Amendment 43 #
2011/0308(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The reports should serve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction. The report should incorporate disclosures on a country and project basis, where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports, such as a concession, geographical basin, etc and where payments have been attributed to such projectbasis. In the light of the overall objective of promoting good governance in these countries, the materiality of payments to be reported should be assessed in relation to the recipient government. Various criteria on materiality could be envisaged such as payments of an absolute amount, or a percentage threshold (such as payments in excess of a percentage of a country’s GDP) and these can be defined through a delegated act. The reporting regime should be subject to a review and a report by the Commission within fivthree years of the entry into force of the Directive. The review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security. The review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details, such as bank account informationreduce or extend disclosure requirements, or strengthen supporting measures, such as capacity- building in third countries.
Amendment 53 #
2011/0308(COD)
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. In the case of those Member States which have not adopted the euro, the amount in national currency equivalent to the amounts set out in paragraphs 1 to 5 shall be that obtained by applying the exchange rate published in the Official Journal of the European Union on the date of the entry into force of any Directive setting those amounts. The thresholds in national currency can be recalculated in case of significant, lasting shifts in the exchange rate. The Commission should issue guidance on what is to be considered a significant, lasting shift and how the thresholds should be calculated in a volatile currency environment.
Amendment 65 #
2011/0308(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Small groups shall be exemptMember States may provide for an exemption for small groups from the obligation to draw up consolidated financial statements and a consolidated management report, except where any affiliated undertaking is a public interest entity.
Amendment 66 #
2011/0308(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 69 #
2011/0308(COD)
Proposal for a directive
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Member States shall ensure that the financial statements of public interest entities, small, medium-sized and large undertakings are audited by one or more persons approved by Member States to carry out statutory audits on the basis of Directive 2006/43/EC of the European Parliament and of the Council. A Member State may exempt some or all small undertakings from this requirement.
Amendment 70 #
2011/0308(COD)
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The report shall be signed and dated by the statutory auditor. Where an audit firm carries out the statutory audit, the audit report shall be signed by at least the statutory auditor(s) carrying out the statutory audit on behalf of the audit firm.
Amendment 79 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 1 – point 3
Article 36 – paragraph 1 – point 3
3. ‘Government’ means the national authority of a third country and includes any national, regional or local authority of a Member State or of a third country. It includes a department, agency or undertaking controlled by that authority as laid down in Article 23 (1) to (6) of this Directive.
Amendment 81 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 1 – point 4
Article 36 – paragraph 1 – point 4
Amendment 100 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. The report shall specify the following when material to the recipient government:
Amendment 102 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
(a) the total amount of payments, including payments in kind, made to each governmentrecipient federal or national, state or regional or local government, as defined in Article 36 of this Directive, within a financial year;
Amendment 104 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
(b) the total amount per type of payment, including payments in kind, made to each governmentrecipient federal or national, state or regional or local government, as defined in Article 36 of this Directive, within a financial year;
Amendment 105 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
Amendment 163 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
5. The report shall exclude any type of payments made to a government in a country where the public disclosure of this type of payment is clearly prohibited by the criminal legislation or regulation of that country. In such cases the undertaking shall state that it has not reported payments in accordance with paragraphs 1 to 3, and shall disclose the name of the government concerned.
Amendment 184 #
2011/0308(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
The Commission shall review and report on the implementation and effectiveness of this Chapter, in particular as regards the benefits that transparency has brought as well as the costs and the scope of the reporting obligations and, including the modalities of the reporting on a project basis. The review should also take into account international developments and consider the effects on competitiveness and security of energy supply. It should be completed at the latest fivthree years after the date of entry into force of this Directive. The report shall be submitted to the European Parliament and the Council, together with a legislative proposal, if appropriate.
Amendment 61 #
2011/0307(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2004/109/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall ensure that wWhere obligations apply to legal persons, Member States may lay down how, in case of a breach, sanctions can be applied to the members of administrative, management or supervisory bodies of the legal person, and to any other person who under national law is responsible for the breach.
Amendment 222 #
2011/0298(COD)
Proposal for a directive
Recital 8
Recital 8
(8) It is appropriate to include in the list of financial instruments certain commodity derivatives and others which are constituted and traded in such a manner as to give rise to regulatory issues comparable to traditional financial instruments. Contracts of insurance in respect of activities of classes set out in Annex I of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of business of Insurance and Reinsurance (Solvency II) if entered into with an insurance undertaking, reinsurance undertaking, third-country insurance undertaking or third-country reinsurance undertaking, are not derivatives or derivative contracts for the purposes of this Directive.
Amendment 416 #
2011/0298(COD)
Proposal for a directive
Article 2 – paragraph 1 – point n a (new)
Article 2 – paragraph 1 – point n a (new)
(na) persons who exclusively deal on own account, as part of another non-financial corporate activity, or as part of a non- financial commodity trading activity, to hedge the production/consumption/non- financial activities of the group to which the person belongs.
Amendment 586 #
2011/0298(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. An investment firm that engages in algorithmic trading shall at least annually provide to its home Competent Authority a description of the nature of its algorithmic trading strategies, details of the trading parameters or limits to which the system is subject, the key compliance and risk controls that it has in place to ensure the conditions in paragraph 1 are satisfied and details of the testing of its systems. A competent authority may at any time request further information from an investment firm about its algorithmic trading and the systems used for that trading, including the source code of its algorithms.
Amendment 589 #
2011/0298(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. An investment firm that engages in a high frequency trading strategy shall provide to the competent authority the raw audit-trail of its quotation and trading activity. ESMA shall develop binding technical standards to define the data to be provided and its format.
Amendment 1008 #
2011/0298(COD)
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. Member States shall require a regulated market to have in place effective systems, procedures and arrangements to allow identification of orders following an algorithmic trading strategy and of orders following a high-frequency trading strategy when placing such order and ensure that algorithmic or high-frequency trading systems cannot create or contribute to disorderly trading conditions on the market including systems to limit the ratio of unexecuted orders to transactions that may be entered into the system by a member or participant, to be able to slow down the flow of orders if there is a risk of its system capacity being reached and to limit the minimum tick size that may be executed on the market.
Amendment 1011 #
2011/0298(COD)
Proposal for a directive
Article 51 – paragraph 3 a (new)
Article 51 – paragraph 3 a (new)
3 a. ESMA shall develop binding technical standards to define the identification format, in order to allow consistency across trading venues and Member States and a meaningful consolidation of data at European level.
Amendment 1098 #
2011/0298(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1 – introductory part
Article 59 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that regulated markets, operators of MTFs and OTFs which admit to trading or trade commodity derivatives apply limits on the number of contracts which any given market members or participants, except non-financial members or participants acting to hedge the production of their respective groups, can enter into over a specified period of time, or alternative arrangements with equivalent effect such as position management with automatic review thresholds , to be imposed in order to:
Amendment 1152 #
2011/0298(COD)
Proposal for a directive
Article 60 – paragraph 1 – subparagraph 1 – point b
Article 60 – paragraph 1 – subparagraph 1 – point b
(b) provide the competent authority with a complete breakdown of the positions of any or all market members or participants, including any positions held on behalf of their clients, excluding positions reported (or to be reported) in accordance with Regulation (EU) No …/… [EMIR] or Regulation (EU) No 1227/2011 on wholesale energy market integrity and transparency, upon request.
Amendment 126 #
2011/0296(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) In order to ensure legal certainty it is important to clarify that contracts of insurance in respect of any activities of classes set out in Annex I of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) if entered into with an insurance undertaking, reinsurance undertaking, third-country insurance undertaking or third-country reinsurance undertaking are not derivatives or derivative contracts for the purposes of this Regulation.
Amendment 195 #
2011/0296(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) In the Commission reports concerning the regulatory package on financial markets (including, in addition to this Regulation, the Directive concerning markets in financial instruments and repealing Directive 2004/39/EC and the Regulation on insider dealing and market manipulation) two years after application begins, it is important to review the package as a whole, and the Commission may make appropriate proposals, including proposals under which all offers to buy or sell and business transactions would have to be notified in real time not to the competent authorities but instead to a system designated by ESMA, through which competent authorities can obtain all the information they require and which could act as a unified, consolidated tape unit and as a centralised cooperation system by means of which abuses occurring on various markets and in various countries can be observed.
Amendment 232 #
2011/0296(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘financial instrument’ means those instruments specified in Section C of Annex I of Directive [new MiFID] with the exception of any such instruments that are contracts of insurance in respect of a class of activities set out in Annex I of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) if entered into with an insurance undertaking, a reinsurance undertaking, a third-country insurance undertaking or a third-country reinsurance undertaking;
Amendment 812 #
2011/0296(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Before [2 years following application of MiFIR as specified in Article 41(2)], the Commission, after consulting ESMA shall present a report to the Council and the Parliament on the functioning of Article 13, including whether the content and format of transaction reports received and exchanged between competent authorities comprehensively enable to monitor the activities of investment firms in accordance with Article 13(1). The Commission may make any appropriate proposals, including providing for transactions to be reported to a system appointed by ESMA instead of to competent authorities, which allows relevant competent authorities to access all the information reported pursuant to this Article in real time and which may act as a consolidated tape unit as referred to in the Directive concerning markets in financial instruments and repealing Directive 2004/39/EC (2011/0298(COD)) and as a centralised cooperation system in accordance with the objectives of the Regulation on insider dealing and market manipulation (C7-0360/11), by means of which abuses occurring on various markets and in various countries can be observed.
Amendment 401 #
2011/0295(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Reports and review The Commission, having consulted EMSA, shall (two years after the entry into force of this Regulation) report to the European Parliament and the Council on progress in attaining the objectives of this Regulation, and in this connection the Commission may make appropriate proposals, including proposals under which the cooperation required by Article 19 would be supplemented by a system designated by ESMA which could effectively observe market abuse occurring on various markets and in various countries and inform the competent authorities thereof.
Amendment 351 #
2011/0288(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
When sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the numbers of checks carried out and their outcome and the Member States overrun that period, the Commission may suspend the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time, provided that all the Regulations and instructions for this information are ready and available when the databases are set up by Member States.
Amendment 367 #
2011/0288(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
The accredited paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by Union legislation, and shall make the documents and information available to the Commission. Such supporting documents may be kept and sent in electronic form.
Amendment 491 #
2011/0288(COD)
Proposal for a regulation
Article 75 – paragraph 4 a (new)
Article 75 – paragraph 4 a (new)
4a. A measurement tolerance shall be defined for the area measurement by a buffer of [1.25] m applied to the perimeter of the agricultural parcel independent of the measurement procedure.
Amendment 492 #
2011/0288(COD)
Proposal for a regulation
Article 75 – paragraph 4 b (new)
Article 75 – paragraph 4 b (new)
4b. If greening measures can only be controlled by means of classical on-the- spot checks, the control rate shall be 1 %.
Amendment 506 #
2011/0288(COD)
Proposal for a regulation
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. By way of derogation from paragraph 2, Member States may decide, taking into account the risk of overpayment, to pay up to 50 % as regards of the payment referred to in Title III of Chapter 2 of Regulation ...(Direct payments) direct payments and 75 % for the support granted under rural development as referred to in Article 68(2) after finalisation of the administrative checks provided for in Article 61(1). The percentage of payment shall be the same for all beneficiaries of the measure or set of operations. The direct payments shall not be paid before the16th of October.
Amendment 12 #
2011/0284(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 13 #
2011/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) sales contracts between a consumer and a trader;
Amendment 132 #
2011/0282(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) Member States shall contribute at least a minimum of 5% of the total co- financed budget in Rural Development Programme to programme for young farmers.
Amendment 286 #
2011/0282(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) the competitiveness of agriculture and forestry;
Amendment 327 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – introductory part
Article 5 – paragraph 1 – point 2 – introductory part
(2) enhancing competitiveness of all types of agriculture and forestry and enhancing farm viability, with a focus on the following areas:
Amendment 440 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 6 – point a
Article 5 – paragraph 1 – point 6 – point a
(a) facilitating diversification, creation of new small enterprises, development of those which already exist and job creation;
Amendment 954 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(c a) retirement payments for farmers who permanently transfer their holding to another farmer.
Amendment 1002 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 5 a (new)
Article 20 – paragraph 2 – subparagraph 5 a (new)
Support under paragraph 1 (ca) shall be granted to farmers who have practised farming for at least 10 years, are not less than 60 years old, commit to permanently transfer their entire holding and the corresponding payment entitlements to another farmer and stop all commercial farming activity definitively.
Amendment 1311 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. In case farmers are automatically entitled to the support referred to in Chapter 2 of Title III of Regulation (EU) No [DP], the agri-environment-climate measures laid down in this regulation in article 29(4) do not need to be the same as the greening measures, however the agri- environment-climate programs must to go beyond the benefits of the greening.
Amendment 1339 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 8 – subparagraph 2
Article 29 – paragraph 8 – subparagraph 2
Amendment 1449 #
2011/0282(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 2
Article 33 – paragraph 3 – subparagraph 2
When delimiting the areas concerned by this paragraph, other than those designated as naturally constrained by the climate criterion in Annex II, Member States shall undertake a fine-tuning exercise, based on objective criteria, with the purpose of excluding areas in which significant natural constraints in accordance with the first subparagraph have been documented but have been overcome by investments or by economic activity.
Amendment 1560 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) financial contributions to mutual funds to pay financial compensations to farmers, for economic losses caused by adverse climatic events or by pest infestation or by the outbreak of an animal or plant disease or an environmental incident;
Amendment 1581 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
(c) an income stabilisation tool, in the form of financial contributions to mutual funds, providing compensation to farmers who experiencefor a severe drop inof their income.
Amendment 1585 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. For the purpose of paragraph 1 points (b) and (c), ‘mutual fund’ shall mean a scheme accredited by the Member State in accordance with its national law for affiliated farmers to insure themselves, whereby compensation payments are made to affiliated farmers affected byfor economic losses caused by the outbreak of an animal or plant disease or of adverse climatic events or pest infestation or an environmental incident or experiencing a severe drop in their income.
Amendment 1982 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 5 a (new)
Article 65 – paragraph 5 a (new)
5 a. A minimum of 5% of the total co- financed budget of rural development programme shall be reserved for measures for young farmers.
Amendment 1425 #
2011/0281(COD)
Proposal for a regulation
Article 101 – paragraph 1
Article 101 – paragraph 1
1. The terms for buying sugar beet and sugar cane, including pre-sowing delivery agreements, shall be governed by written agreements within the trade concluded between Union growers of sugar beet and sugar cane and Union sugar undertakingscurrent EU sugar quota regime should be extended to the end of the 2019- 2020 marketing year, with non-quota sugar automatically re-designated as quota sugar.
Amendment 1433 #
2011/0281(COD)
Proposal for a regulation
Article 101 – paragraph 2
Article 101 – paragraph 2
Amendment 236 #
2011/0280(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory ‘greening’ component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practises should take the form of simple, generalised, non-contractual and annual actions that go beyond cross- compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and ecological focus areas. The compulsory nature of those practises should also concern farmers whose holdings are fully or partly situated in ‘Natura 2000’ areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practises are compatible with the objectives of those Directives. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 and farmers who have committed themselves to environmental and climate measures in accordance with Article 29 of Regulation (EU) No [RDR] should benefit from the ‘greening’ component without fulfilling any further obligation, given the recognised environmental benefits of the organic farming systems. Non-respect of the ‘greening’ component should lead to penalties on the basis of Article 65 of Regulation (EU) No […] [HZR].
Amendment 304 #
2011/0280(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) AIt should be possible for a simple and specific scheme for small farmers shouldto be put in place in order to reduce the administrative costs linked to the management and control of direct support. Member States should, however, be allowed to decide for themselves whether to put a specific scheme into place. For that purpose, a lump- sum payment replacing all direct payments should be established. Rules seeking simplification of formalities should be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to cross- compliance and to controls as laid down in Regulation (EU) No […] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No […] [HZR] applies to small farmers. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competitive structures. For that reason, access to the scheme should be limited to existing holdings.
Amendment 543 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, where one of the following applies:Member States shall define 'active farmer' in their national legislation in line with the definition of 'agricultural activity' in Article 4(1)(c).
Amendment 569 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 597 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 665 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 1278 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have three different crops on their arable land where the arable land of the farmer covers more than 3 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year;ensure crop diversification as referred to in Article 30.
Amendment 1428 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
Farmers shall be entitled ipso facto to the payment referred to in this Chapter when they fall within the following categories: - farmers complying with the requirements laid down in Article 29 (1) of Regulation (EC) No° 834/2007 as regards organic farming shall be entitled ipso facto to the payment referred to in thi, or - farmers complying with the requirements of agri-environment- climatic schemes Cthapter.t go beyond the greening requirements
Amendment 1515 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 35 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the yearup to 20 hectares or the holding is located entirely in the less favoured area, cultivation on the arable land shall consist of at least two different crops. None of those crops shall cover less than 10 % of the arable land. Where the arable land of the farmer covers more than 20 hectares, cultivation on the arable land shall consist of at least three different crops. None of those threeThe main crops shall not cover lessmore than 570 % of the arable land and the 2 main one shall not exceed 70crops together shall not cover more than 95 % of the arable land.
Amendment 1549 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. The first paragraph shall not apply to farms: - where the arable land is entirely used for grass production or other forage, entirely left fallow, entirely cultivated with crops under water for a significant part of the year or a combination of these, or; - where more than 50% of the eligible agricultural area of the holding is covered by grassland and historical pastures, or permanent crops. - located in areas north of the 62nd Parallel and some adjacent areas affected by comparable climatic conditions rendering agricultural activity particularly difficult.
Amendment 1580 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. For the purpose of this Article, a "crop" shall mean any culture listed under Annex Va.
Amendment 1604 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Amendment 1628 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
Amendment 1672 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland as laid down in the second subparagraph of paragraph 1, the renewal of permanent grassland, and the reconversion of agricultural area into permanent grassland in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land.
Amendment 1711 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Farmers shall ensure that at least 73 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii).
Amendment 1769 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1 a. By way of derogation from paragraph 1, in Member States where utilised agriculture area is less than 10 % of the total land area of the Member State, the environmental area shall cover 3 % of the farmer's arable land.
Amendment 2031 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, ware potato, processing potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, pigmeat and poultrymeat, eggs, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.
Amendment 2137 #
2011/0280(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. By way of derogation from paragraph 2, Member States having allocated during at least one year in the period 2010-2013 more than 10 % of their amount available for granting the direct payments provided for in Article 182(7) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation 1) and in Titles III, IV and V of Regulation (EC) No 73/2009, with the exception of Section 6 of Chapter 1 of Title IV, for financing the measures laid down in Section 2 of Chapter 2 of Title III of Regulation (EC) No 73/2009, the support provided for in points (i) to (iv) of paragraph 1(a) and paragraphs 1(b) and (e) of Article 68 of that Regulation, or the measures under Chapter 1, with the exception of Section 6, of Title IV of that Regulation may decide to use more than 10 % of the annual national ceiling set out in Annex II upon approval by the Commission in accordance with Article 41. Or. en (OJ L 299, 16.11.07, p. 1.)
Amendment 2202 #
2011/0280(COD)
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1a. Member States shall put in place a small farmers scheme in accordance with this Title. However, where the proportion of potential beneficiaries of support in a Member State is less than 5% of its farmers, the Member State need not apply the small farmers scheme.
Amendment 2292 #
2011/0280(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Annexe V a List of cultures as referred to in Article 30 spring common wheat or meslin seed or spelt winter common wheat or meslin seed or spelt durum wheat spring rye winter rye spring barley winter barley spring oats winter oats maize rice grain sorghum buckwheat or millet or canary seed manioc or arrowroot or salep or Jerusalem artichokes or sweet potatoes spring rape or colza winter rape or colza temporary grassland sunflower soya beans groundnuts linseed other oilseeds or oleaginous fruit lucerne or sainfoin or clover or vetches or honey lotus or chickling pea & birdsfoot peas or chickpeas or beans or lentils or other leguminous vegetables potatoes sugar beet sugar cane sweet corn hops flax hemp tobacco tomatoes onions or shallots or garlic or leeks or other alliaceous vegetables cabbages or cauliflowers or kohlrabi or kale or similar edible brassicas lettuce chicory carrots or turnips or salad beetroot, or salsify or celeriac or radishes or similar edible roots cucumbers or gherkins leguminous vegetables avocados melon or pawpaws saffron thyme or basil or melissa or mint or oregano or rosemary or sage locust beans cotton
Amendment 132 #
2011/0276(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) It is important to bring the achievements of the Union's Funds to the attention of the general public. Citizens have the right to know how the Union's financial resources are invested. The responsibility to ensure that the appropriate information is communicated to the public should lie with both the managing authorities and the beneficiaries, but especially with the Commission. New technology makes it possible to publish in a graphic manner on a single centralised website financial flows for each country and the results achieved thereby. To ensure more efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the Commission, the resources allocated to communication actions under this Regulation shall also contribute to cover the corporate communication of the political priorities of the European Union as far as they are related to the general objectives of this Regulation.
Amendment 259 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 22
Part 2 – article 22
Amendment 352 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 60 – paragraph 1
Part 2 – article 60 – paragraph 1
1. Operations supported by the CSF Funds, subject to the derogations referred to in paragraphs 2 and 3, and the Fund-specific rules, and not including networked national operations, shall be located in the area covered by the programme under which they are supported (the ‘programme area’).
Amendment 356 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 64 – paragraph 1
Part 2 – article 64 – paragraph 1
1. In accordance with [Article 56(3)] of the Financial Regulation, each body responsible for the management and control of expenditure under the CSF Funds shall be accredited by formal decision of an accrediting authority at ministerial level Member State.
Amendment 358 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 64 – paragraph 4
Part 2 – article 64 – paragraph 4
4. The accrediting authorityMember State shall supervise the accredited body and withdraw its accreditation by formal decision if one or more of the accreditation criteria are no longer met, unless the body takes the necessary remedial actions within a period of probation to be determined by the accrediting authorityMember State according to the severity of the problem. The accrediting authorityMember State shall notify the Commission immediately of the setting of any probation period for an accredited body and of any withdrawal decision.
Amendment 365 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 83 – paragraph 3
Part 3 – article 83 – paragraph 3
3. 0.352 % of the global resources shall be allocated to technical assistance at the initiative of the Commission.
Amendment 368 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 2 – point a
Part 3 – article 84 – paragraph 2 – point a
(a) eligible population, elderly dependency ratio, population density, regional prosperity, national prosperity and unemployment rate for less developed regions and transition regions;
Amendment 370 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 2 – point b
Part 3 – article 84 – paragraph 2 – point b
(b) eligible population, regional prosperity, unemployment rate, employment rate, educational level, elderly dependency ratio and population density for more developed regions;
Amendment 371 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 3
Part 3 – article 84 – paragraph 3
Amendment 379 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 6
Part 3 – article 84 – paragraph 6
6. 5% of the resources for the Investment for growth and jobs goal shallmay be used by the Member States to constitute the performance reserve to be allocated in accordance with Article 20.
Amendment 444 #
2011/0276(COD)
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) It is necessary to increase the transparency of the Funds, so that citizens can keep track of how Union funds are being and have been used.
Amendment 460 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point a
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point a
(a) 875 % for the Cohesion Fund;
Amendment 461 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point b
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point b
Amendment 462 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point c
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point c
Amendment 463 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
(d) 75% for the less developed regions of Member States other than those referred to in points (b) and (c), and for all regions whose GDP per capita for the 2007-2013 period was less than 75% of the average of the EU-25 for the reference period but whose GDP per capita is above 75% of the GDP average of the EU-27;
Amendment 466 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 4 – subparagraph 1
Part 3 – article 110 – paragraph 4 – subparagraph 1
The co-financing rate of the additional allocation in accordance with Article 84(1)(e) shall be no higher than 750%.
Amendment 478 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 117 – paragraph 1
Part 3 – article 117 – paragraph 1
1. The accrediting bodyMember State shall adopt a formal decision to accredit those managing authorities and certifying authorities that comply with the accreditation criteria that have been established by the Commission by means of delegated acts in accordance with Article 142.
Amendment 497 #
2011/0276(COD)
Proposal for a regulation
Article 114 – paragraph 2 – point d a (new)
Article 114 – paragraph 2 – point d a (new)
da) update the national common public website for the various Union funds, showing the use of appropriations from the Funds in previous years and, as far as possible, their proposed use in the current year, in a form that is comprehensible to the general public;
Amendment 508 #
2011/0276(COD)
Proposal for a regulation
Annex 6 – section 2 – point 2.1 – paragraph 1 a (new)
Annex 6 – section 2 – point 2.1 – paragraph 1 a (new)
1a. The Member State and the managing authority shall ensure that information about the activities of the Union funds in a Member State is centrally accessible on a single website in a transparent manner, including the strategy to be implemented, the action programme, a list of projects, and brief descriptions and budgets of the activities and projects, as well as links to the beneficiaries’ online information sites, which should contain a clear description of the project receiving support.
Amendment 510 #
2011/0276(COD)
Proposal for a regulation
Annex 6 – section 3 – title
Annex 6 – section 3 – title
3. Information measures for potential beneficiaries and beneficiariesDoes not affect English version (linguistic amendment to Finnish).
Amendment 341 #
2011/0268(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. To encourage adequate participation of and access by non-governmental organisations to actions supported by the ESF, notably in the fields of social inclusion, gender equality and equal opportunities, the managing authorities of an operational programme in a region as defined in Article 82(2)(a) and (b) of Regulation (EU) No […] or in Member States eligible for Cohesion Fund support shall ensure that an appropriate amount of ESF resources is allocated to capacity- building for non-governmental organisations.
Amendment 88 #
2011/0261(CNS)
Proposal for a directive
Article 1 – paragraph 4 – point d a (new)
Article 1 – paragraph 4 – point d a (new)
(da) transactions with national or local public entities;
Amendment 95 #
2011/0261(CNS)
Proposal for a directive
Article 1 – paragraph 4 – point d b (new)
Article 1 – paragraph 4 – point d b (new)
(db) transactions with a pension fund or an institution for occupational retirement provision as defined in Article 6(a) of Directive 2003/41/EC of the European Parliament and the Council, an investment manager of such fund or institution;
Amendment 98 #
2011/0261(CNS)
Proposal for a directive
Article 1 – paragraph 4 – point d c (new)
Article 1 – paragraph 4 – point d c (new)
(dc) transactions initiated by a registered non-profit charitable organisation.
Amendment 111 #
2011/0261(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point f
Article 2 – paragraph 1 – point 7 – point f
Amendment 166 #
2011/0261(CNS)
Proposal for a directive
Article 12
Article 12
Member States shall not maintain or introduce taxes on financial transactions other than the FTT object of this Directive or value-added tax as provided for in Council Directive 2006/112/EC or the transaction is a transfer of ownership or right of possession of a real estate, a building, an apartment or other premises in the Member State.
Amendment 53 #
2011/0203(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) Within Member States different governance structures are used, in most cases a unitary and/or a dual board structure. Under a dual board structure, a supervisory board performs the supervisory function of monitoring and overseeing management decisions and the management board performs the managerial function. Under a unitary board structure, one single body performs both functions. The definitions used in this Directive intend to embrace all existing structures without advocating any particular structure. They are purely functional for the purpose of setting out rules aimed at a particular outcome irrespective of the national company law applicable to an institution in each Member State. The definitions should therefore not interfere with the general allocation of competencies according to the national company law.
Amendment 84 #
2011/0203(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) 'management body' means the body or bodies of an institution, appointed in accordance with the national law, which is empowered to set the institution's strategy, objectives and overall direction, and which oversees and monitors management decision-making. This shall include persons who effectively direct the business of the institution. Where, according to national law, management body comprises different bodies with specific functions, the requirements of this Directive shall apply only to those members of the management body to whom the applicable national law assigns the respective responsibility.
Amendment 86 #
2011/0203(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) 'local firm' means a firm dealing for its own account on markets in financial futures or options or other derivatives and on cash markets for the sole purpose of hedging positions on derivatives markets, or dealing for the accounts of other members of those markets and being guaranteed by clearing members of the same markets, where responsibility for ensuring the performance of contracts entered into by such a firm is assumed by clearing members of the same markets.
Amendment 90 #
2011/0203(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the competent authorities monitor the activities of institutions so as to assess compliance with the requirements of this Directive and Regulation [inserted by OP, and where applicable, of financial holding companies and mixed financial holding companies, so as to assess compliance with the requirements of this Directive and Regulation (EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms].
Amendment 91 #
2011/0203(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that the appropriate measures are in place to enable the competent authorities to obtain the information needed to assess the compliance of institutions with those obligationand, where applicable, of financial holding companies and mixed financial holding companies, with the requirements referred to in paragraph 2 and to investigate possible breaches of those requirements.
Amendment 108 #
2011/0203(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
They shall not grant authorisation if these persons aredo not of sufficiently good repute or lack sufficient knowledge, skills and experience to perform such dutiesmeet the requirements laid down in Article 87(1).
Amendment 115 #
2011/0203(COD)
Proposal for a directive
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) the reputation and experience of any, as set out in Article 87(1), of any member of the management body and any other person who will direct the business of the credit institution as a result of the proposed acquisition;
Amendment 117 #
2011/0203(COD)
Proposal for a directive
Article 35 – paragraph 4 a (new)
Article 35 – paragraph 4 a (new)
4a. The financial information referred to in this Article shall also include the consolidated financial information of the credit institution or, where the credit institution is a subsidiary of a parent institution at EU level, the consolidated financial information of that parent institution.
Amendment 119 #
2011/0203(COD)
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
Such reports may only be required for information purposes and for the application of Article 52(1)statistical, and, to the extent reports are necessary for the competent authorities of the host Member States to exercise their rights and responsibilities in accordance with this Directive, for supervisory purposes.
Amendment 123 #
2011/0203(COD)
Proposal for a directive
Article 40 – paragraph 3
Article 40 – paragraph 3
Amendment 190 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 2
Article 75 – paragraph 2
2. Competent authorities shall ensure that the management body in its supervisory function devotes sufficient time to consideration of risk issuesMember States shall ensure that the management body devotes sufficient time to consideration of risk issues. It shall be actively involved in and ensure that adequate resources are allocated to the management of all material risks addressed in this Directive and in the Regulation (EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms] as well as in the valuation of assets, the use of external ratings and internal models related to those risks. The institution must establish reporting lines to the management body that cover all material risks and risk management policies and changes thereof.
Amendment 191 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
Article 75 – paragraph 3 – subparagraph 1
3. Competent authoritiMember States shall ensure that institutions establish a risk committee composed of members of the management body who do not perform any executive function in the institution concernedthat are significant in terms of size, internal organisation and nature, scope and complexity of their activities establish a risk committee composed of members of the management body. Members of the risk committee shall have appropriate knowledge, skills and expertise to fully understand and monitor the risk strategy and the risk appetite of the institution.
Amendment 197 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2
Article 75 – paragraph 3 – subparagraph 2
The risk committee shall advise the management body in its supervisory function on the institution's overall current and future risk appetite and strategy and assist the management body in its supervisory function in overseeing the implementation of that strategy.
Amendment 200 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 3
Article 75 – paragraph 3 – subparagraph 3
Competent authorities may authorisellow an institution not to establish a separate risk committeecombined risk and audit committee [cf. Directive ..., Article ...] taking into account the nature, scale and complexity of credit institution's activities. Members of the combined committee shall have the knowledge, skills and expertise required for the risk committee as well as for the audit committee.
Amendment 202 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 4 – subparagraph 1
Article 75 – paragraph 4 – subparagraph 1
4. Competent authoritiMember States shall ensure that the risk committee, ormanagement body and, when such aa risk committee has not been established, the management body in its supervisory function regularly communicates with the institution's risk management function and shall, where appropriate, have accessrisk committee, have adequate access to information on the risk situation of the institution and, if necessary and appropriate, to the risk management function and to external expert advice.
Amendment 204 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 4 – subparagraph 2
Article 75 – paragraph 4 – subparagraph 2
The risk committee, ormanagement body, and, when such aa risk committee has not been established, the management body in its supervisory functionrisk committee, shall determine the nature, the amount, the format, and the frequency of the information on risk it shall receive from senior management.
Amendment 208 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 5 – subparagraph 1
Article 75 – paragraph 5 – subparagraph 1
5. Competent authoritiMember States shall ensure that institutions have a risk management function independent from the operational and management functions and which shall have sufficient authority, stature, and resources and access to the management body.
Amendment 210 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 5 – subparagraph 2
Article 75 – paragraph 5 – subparagraph 2
The risk management function shall ensure that all risks are identified, measured and properly reported. The risk management function shall be responsible for identifying, measuring, and reporting on risk exposures. The risk management function shall be actively involved in elaborating institution's risk strategy and in all material risk management decisions. The risk management function shall be able to deliver a complete view on the whole range of risks of the institution.
Amendment 212 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 5 – subparagraph 3
Article 75 – paragraph 5 – subparagraph 3
Amendment 216 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 5 – subparagraph 4
Article 75 – paragraph 5 – subparagraph 4
The head of the risk management function shall be an independent senior executivemanager with distinct responsibility for the risk management function. Where the nature, scale and complexity of the activities of the institution do not justify a specially appointed person, another senior person within the institution may fulfil this function, provided there is no conflict of interest.
Amendment 217 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 5 – subparagraph 5
Article 75 – paragraph 5 – subparagraph 5
Amendment 219 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 5 – subparagraph 5 a (new)
Article 75 – paragraph 5 – subparagraph 5 a (new)
The application of this Directive shall be without prejudice to the application of Directive 2006/73/EC to investment firms.
Amendment 247 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 1 – subparagraph 2 – point c
Article 86 – paragraph 1 – subparagraph 2 – point c
(c) the chairman of the management body, which is responsible for the supervisory function of an institution, shall not exercise simultaneously the functions of a chief executive officer within the same institution, unless justified by the institution and authorised by competent authorities.
Amendment 248 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 1 – subparagraph 3
Article 86 – paragraph 1 – subparagraph 3
Amendment 250 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 1
Article 86 – paragraph 2 – subparagraph 1
2. Competent authoritiMember States shall ensure that institutions, which are significant in terms of their size, internal organisation and the nature, scope and complexity of their activities establish a nomination committee composed of members of the management body who do not perform any executive function in the institution concerned.
Amendment 256 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 2 – point a
Article 86 – paragraph 2 – subparagraph 2 – point a
(a) identify and recommend, for the approval of the management body in its supervisory functionor for approval of the general meeting candidates to fill management body vacancies. In doing so, the nomination committee shall evaluate the balance of knowledge, skills, diversity and experience of the management body,. Further, the committee shall prepare a description of the roles and capabilities for a particular appointment, and assess the time commitment expected;
Amendment 260 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 2 – point b
Article 86 – paragraph 2 – subparagraph 2 – point b
(b) periodically assess the structure, size, composition and performance of the management body, and make recommendations to the management body in its supervisory function with regard to any changes;
Amendment 263 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 2 – point c
Article 86 – paragraph 2 – subparagraph 2 – point c
(c) periodically assess the knowledge, skills and experience of individual members of the management body and of the management body collectively, and report this to the management body in its supervisory function;
Amendment 268 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 5
Article 86 – paragraph 2 – subparagraph 5
Where, under national law, the management body does not have any competence in the process of selection and appointment of any of its members, this paragraph shall not apply.
Amendment 276 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 1 – point a – introductory part
Article 87 – paragraph 1 – point a – introductory part
(a) MThe members of the management body shall commit sufficient time to perform their functions in the institution. Theyof an institution, who intends to hold a position in the management body of several institutions at the same time, shall take into account individual circumstances and the nature, scale and complexity of the institution's activities. Members of the management body of institutions that are significant in terms of their size, internal organisation and the nature, the scope and the complexity of their activities shall not combine at the same time more than one of the following combinations unless otherwise authorised by the competent authority:
Amendment 286 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 1 – point a – point ii
Article 87 – paragraph 1 – point a – point ii
(ii) fourive non-executive directorships.
Amendment 291 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 1 – point a – subparagraph 2
Article 87 – paragraph 1 – point a – subparagraph 2
Amendment 296 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 1 – point a – subparagraph 3
Article 87 – paragraph 1 – point a – subparagraph 3
Amendment 305 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 1 – point c
Article 87 – paragraph 1 – point c
(c) Each member of the management body shall act with honesty, integrity and independence of mind to effectively challenge the decisions of the senior management where necessary and to effectively oversee and monitor management decision-making.
Amendment 334 #
2011/0203(COD)
Proposal for a directive
Article 88 – paragraph 2 – point c
Article 88 – paragraph 2 – point c
(c) the management body, in its supervisory function, of the institution adopts and periodically reviews the general principles of the remuneration policy and is responsible for its implementation;
Amendment 337 #
2011/0203(COD)
Proposal for a directive
Article 88 – paragraph 2 – point d
Article 88 – paragraph 2 – point d
(d) the implementation of the remuneration policy is, at least annually, subject to central and independent internal review for compliance with policies and procedures for remuneration adopted by the management body in its supervisory function;
Amendment 339 #
2011/0203(COD)
Proposal for a directive
Article 88 – paragraph 2 – point f
Article 88 – paragraph 2 – point f
(f) the remuneration of the senior officers in the risk management and compliance functions is directly overseen by the remuneration committee referred to in Article 91 or, if such a committee has not been established, by the management body in its supervisory functionto the extent possible under national law.
Amendment 247 #
2011/0202(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
For the purpose of this Regulation any reference to real estate or residential or commercial immovable property or mortgage on such property shall include shares in Finnish residential housing companies operating in accordance with the Finnish Housing Company Act of 1991 or subsequent equivalent legislation. Member States or their competent authorities may allow shares constituting an equivalent indirect holding of real estate to be treated as a direct holding of real estate provided that such indirect holding is specifically regulated in the national law of the Member State and, when pledged as a collateral, provides equivalent protection to creditors.
Amendment 256 #
2011/0202(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 82
Article 4 – paragraph 1 – point 82
(82) ‘'management body’' means the governingbody or bodyies of an institution, comprising the supervisory and the managerial functions, which has the ultimate decision-making authority andappointed in accordance with the national law, which is empowered to set the institution's strategy, objectives and overall direction. Management body, and which oversees and monitors management decision-making. This shall include persons who effectively direct the business of the institution;. Where, according to national law, management body comprises different bodies with specific functions, the requirements of this Directive shall apply only to those members of the management body to whom the applicable national law assigns the respective responsibility.
Amendment 257 #
2011/0202(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 83
Article 4 – paragraph 1 – point 83
Amendment 390 #
2011/0202(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point h – point i
Article 26 – paragraph 1 – point h – point i
(i) there are no preferential distribution treatment regarding the order of distribution payments, including in relation to other Common Equity Tier 1 instruments, and the terms governing the instruments do not provide preferential rights to payment of distributions;
Amendment 400 #
2011/0202(COD)
Proposal for a regulation
Article 27 – title
Article 27 – title
Capital instruments issued by mutuals, cooperative societies and similar institutions and by central institutions of co-operative networks
Amendment 401 #
2011/0202(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Capital instruments issued by mutuals, co-operative societies, savings institutions and similar institutions shall qualify as Common Equity Tier 1 instruments only if the conditions laid down in Article 26 and this Article are mets amended by paragraphs 1 to 5 and 7 of this Article are met. Capital instruments issued by institutions which carry out the necessary central operations of a network of affiliated institutions referred to in Article 9 shall qualify as Core Equity Tier 1 instruments only if the conditions laid down in Article 26 as amended by paragraph 6 of this Article.
Amendment 411 #
2011/0202(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1 a (new)
Article 27 – paragraph 4 – subparagraph 1 a (new)
The condition laid down in the first sub- paragraph is without prejudice of the possibility for a mutual, cooperative society or a similar institution to recognize within CET1 capital instruments that do not afford voting rights to the holder and that meet both the following conditions: (a) the claim of the holders of the non- voting instruments in the insolvency or liquidation of the institution is proportionate to the share of the total Common Equity Tier 1 instruments that those non-voting instruments represent; (b) the instruments otherwise qualify as a Common Equity Tier 1 instruments, subject to the third sub-paragraph. Institutions referred to in the second sub- paragraph may, notwithstanding Article 26 (1) (h), pay higher distributions on the instruments referred to in the second sub- paragraph than on their other Common Equity Tier 1 instruments.
Amendment 413 #
2011/0202(COD)
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
Amendment 611 #
2011/0202(COD)
Proposal for a regulation
Article 109 – paragraph 4
Article 109 – paragraph 4
4. Exposures to Member States' central governments and central banks denominated and funded in the domestic currency of that central government and central bank that do not attain the 0 % risk weight pursuant to paragraph 3, shall be assigned a risk weight of 20 %.
Amendment 671 #
2011/0202(COD)
Proposal for a regulation
Article 120 – paragraph 1 – point b
Article 120 – paragraph 1 – point b
Amendment 681 #
2011/0202(COD)
Proposal for a regulation
Article 121 – paragraph 1 – point b
Article 121 – paragraph 1 – point b
Amendment 708 #
2011/0202(COD)
Proposal for a regulation
Article 124 – paragraph 1 – subparagraph 1 – point d – introductory part
Article 124 – paragraph 1 – subparagraph 1 – point d – introductory part
(d) loans secured by residential property or shares in Finnish residential housing companies as referred to in Article 120(1)(b) up to the lesser of the principal amount of the liens that are combined with any prior liens and 80 % of the value of the pledged properties or by senior units issued by French Fonds Communs de Créances or by equivalent securitisation entities governed by the laws of a Member State securitising residential property exposures. In the event of such senior units being used as collateral, the special public supervision to protect bond holders as provided for in Article 52(4) of Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) shall ensure that the assets underlying such units shall, at any time while they are included in the cover pool be at least 90 % composed of residential mortgages that are combined with any prior liens up to the lesser of the principal amounts due under the units, the principal amounts of the liens, and 80 % of the value of the pledged properties, that the units qualify for the credit quality step 1 as set out in this Chapter and that such units do not exceed 10 % of the nominal amount of the outstanding issue;
Amendment 710 #
2011/0202(COD)
Proposal for a regulation
Article 124 – paragraph 1 – subparagraph 1 – point e
Article 124 – paragraph 1 – subparagraph 1 – point e
(e) loans secured by commercial immovable property or shares in Finnish housing companies as referred to in Article 121(1)(b) up to the lesser of the principal amount of the liens that are combined with any prior liens and 60 % of the value of the pledged properties or by senior units issued by French Fonds Communs de Créances or by equivalent securitisation entities governed by the laws of a Member State securitising commercial immovable property exposures. In the event of such senior units being used as collateral, the special public supervision to protect bond holders as provided for in Article 52(4) of Directive 2009/65/EC shall ensure that the assets underlying such units shall, at any time while they are included in the cover pool be at least 90 % composed of commercial mortgages that are combined with any prior liens up to the lesser of the principal amounts due under the units, the principal amounts of the liens, and 60 % of the value of the pledged properties, that the units qualify for the credit quality step 1 as set out in this Chapter and that such units do not exceed 10 % of the nominal amount of the outstanding issue. Loans secured by commercial immovable property are eligible where the Loan to Value ratio of 60 % is exceeded up to a maximum level of 70 % if the value of the total assets pledged as collateral for the covered bonds exceed the nominal amount outstanding on the covered bond by at least 10 %, and the bondholders' claim meets the legal certainty requirements set out in Chapter 4. The bondholders' claim shall take priority over all other claims on the collateral. Exposures caused by transmission and management of payments of the obligors of, or liquidation proceeds in respect of, loans secured by pledged properties of the senior units or debt securities shall not be comprised in calculating the 90 % limit;
Amendment 754 #
2011/0202(COD)
Proposal for a regulation
Article 160 – paragraph 4 – subparagraph 1
Article 160 – paragraph 4 – subparagraph 1
Amendment 755 #
2011/0202(COD)
Proposal for a regulation
Article 160 – paragraph 4 – subparagraph 2
Article 160 – paragraph 4 – subparagraph 2
Amendment 775 #
2011/0202(COD)
Proposal for a regulation
Article 195 – paragraph 3
Article 195 – paragraph 3
Amendment 888 #
2011/0202(COD)
Proposal for a regulation
Article 391 – paragraph 1 – subparagraph 1 – point a
Article 391 – paragraph 1 – subparagraph 1 – point a
(a) the exposure is secured, by mortgages on residential property or by shares in Finnish residential housing companies, operating in accordance with the Finnish Housing Company Act of 1991 or subsequent equivalent legislation;
Amendment 889 #
2011/0202(COD)
Proposal for a regulation
Article 391 – paragraph 2 – subparagraph 1 – point a
Article 391 – paragraph 2 – subparagraph 1 – point a
(a) exposures secured by mortgages on offices or other commercial premises, or by shares in Finnish housing companies, operating in accordance with the Finnish Housing Company Act of 1991 or subsequent equivalent legislation, in respect of offices or other commercial premises;
Amendment 941 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – introductory part
Article 404 – paragraph 1 – subparagraph 1 – introductory part
Institutions shall report the following as liquid assets unless excluded by paragraph 2 and only if the liquid assets fulfil the conditions in paragraph 3:
Amendment 946 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point a
Article 404 – paragraph 1 – subparagraph 1 – point a
(a) cash and deposits held with central banks to the extent that these deposits can be withdrawn in times of stress;
Amendment 947 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point a a (new)
Article 404 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) assets that are eligible collateral in normal times for intraday liquidity needs and overnight liquidity facilities of a central bank in a Member State or if the liquid assets are held to meet liquidity outflows in the currency of a third country, of the central bank of that third country;
Amendment 954 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point b
Article 404 – paragraph 1 – subparagraph 1 – point b
(b) transferable assets that are of extremely high liquidity and credit quality;
Amendment 955 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point c
Article 404 – paragraph 1 – subparagraph 1 – point c
Amendment 963 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d
Article 404 – paragraph 1 – subparagraph 1 – point d
(d) transferable assets that are of high liquidity and credit quality that meet at least the quality criteria set by central banks for monetary policies subject to appropriate haircuts.
Amendment 972 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d a (new)
Article 404 – paragraph 1 – subparagraph 1 – point d a (new)
(da) if the credit institution is associated in a network in accordance with legal of statutory provisions, credit institutions deposits, legal or statutory minimum deposits and other available liquid funding from the central credit institution;
Amendment 973 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d b (new)
Article 404 – paragraph 1 – subparagraph 1 – point d b (new)
(db) transferable assets representing claims on or guaranteed by central government or central banks issued in domestic currencies, by the central government or central bank in currency in which the liquidity risk is being taken, to the extent that the holding of such debt matches the liquidity needs of the bank's operations in that third country.
Amendment 987 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 2
Article 404 – paragraph 1 – subparagraph 2
Pending a uniform definition in accordance with Article 481(2) of high and extremely high liquidity and of high credit quality, institutions shall identify themselves in a given currency transferable assets that are respectively of high or extremely high liquidity and of high credit quality. Pending a uniform definition, competent authorities may, taking into account the criteria listed in Article 481(2), provide general guidance that institutions shall follow in identifying assets of high and extremely high liquidity and of high credit quality. In the absence of such guidance, institutions shall use transparent and objective criteria to this end, including some or all of the criteria listed in Article 481(2).
Amendment 990 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 2 – introductory part
Article 404 – paragraph 2 – introductory part
2. The following shall not be considered highly liquid assets:
Amendment 992 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 2 – introductory part
Article 404 – paragraph 2 – introductory part
2. The following shall not be considered liquid assets unless they meet the requirements laid down in paragraph 1 (aa):
Amendment 999 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 2 – point a – point ii
Article 404 – paragraph 2 – point a – point ii
(ii) they are bonds as defined in Article 52(4) of Directive 2009/65/EC other than those referred to in (i), or equivalent items subject to the approval of the competent authorities;
Amendment 1002 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 2 – point a – point ii a (new)
Article 404 – paragraph 2 – point a – point ii a (new)
(ii a) they are bonds eligible for the treatment set out in Article 124 (3) or (4) or asset backed instruments of high liquid and credit quality as established by EBA pursuant to Article 481 (1) and which are subject to supervision and fulfil the requirements [as set forth in Article 174b (2),(5),(6),(7) and (8) of the Solvency II draft implementing measures];
Amendment 1013 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 2 – point a – point iii a (new)
Article 404 – paragraph 2 – point a – point iii a (new)
(iii a) the credit institution acts as a central credit institution in a network in accordance with legal of statutory provisions and where a credit institution is a Member of the same network;
Amendment 1021 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1
Article 404 – paragraph 3 – subparagraph 1
Institutions shall only report as high liquid assets that fulfil each of the following conditions:
Amendment 1031 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1 – point b
Article 404 – paragraph 3 – subparagraph 1 – point b
Amendment 1032 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1 – point b
Article 404 – paragraph 3 – subparagraph 1 – point b
Amendment 1039 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1 – point d
Article 404 – paragraph 3 – subparagraph 1 – point d
Amendment 1046 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1 a (new)
Article 404 – paragraph 3 – subparagraph 1 a (new)
In addition they should ideally meet the following conditions: a) they are eligible collateral in normal times for intraday liquidity needs and overnight liquidity facilities of a central bank in a Member State or if the liquid assets are held to meet liquidity outflows in the currency of a third country, of the central bank of that third country; b) they are listed on a recognised exchange; c) they are tradable on active outright sale or repurchase agreement markets with a large and diverse number of market participants, a high trading volume, and market breadth and depth.
Amendment 1048 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 2
Article 404 – paragraph 3 – subparagraph 2
Amendment 1055 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 4
Article 404 – paragraph 4
Amendment 1070 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 5
Article 404 – paragraph 5
5. Shares or units in CIUs may be treated as liquid assets up to an absolute amount of 250 million EUR provided that the requirements in Article 127(3) are met and that the CIU, apart from derivatives to mitigate interest rate or, credit or currency risk, only invests in liquid assets. Monetary UCITS meeting generally approved standards by ESMA shall be considered as highly liquid assets.
Amendment 1134 #
2011/0202(COD)
Proposal for a regulation
Article 410 – paragraph 4 – subparagraph 1 – point b a (new)
Article 410 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) by the depositor to obtain cash clearing and central credit institution services and where the credit institution is associated in a network in accordance with legal or statutory provisions;
Amendment 1276 #
2011/0202(COD)
Proposal for a regulation
Article 416 – paragraph 4 – subparagraph -3 new
Article 416 – paragraph 4 – subparagraph -3 new
The assets categorized as low-risk items (0 %) under Article 107(a), (b ) and (c) are excluded from institution's total exposure when calculating the sum of all exposure values.
Amendment 1466 #
2011/0202(COD)
Proposal for a regulation
Article 463 – paragraph 1
Article 463 – paragraph 1
1. This Article shall apply only to instruments that were issued prior to 20 Jul1 January 20113 and are not those referred to in Article 462(1).
Amendment 1475 #
2011/0202(COD)
Proposal for a regulation
Article 466 a (new)
Article 466 a (new)
Amendment 1485 #
2011/0202(COD)
Proposal for a regulation
Article 476
Article 476
Amendment 1578 #
2011/0202(COD)
Proposal for a regulation
Article 482 – paragraph 2 – point g
Article 482 – paragraph 2 – point g
(g) whether 3% would be an appropriate level for the leverage ratio based on Tier 1 capital and, if not, what level would be the appropriate one; and whether 1,5 % would be an appropriate level for the leverage ratio based on Tier 1 capital for credit institutions specialized in lending with regional governments, local authorities or public sector entities and, if not, what level would be the appropriate one.
Amendment 107 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
(a) 1.00 % until 31 December 20149;
Amendment 109 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 1999/32/EC
Article 4 a – paragraph 1 – subparagraph 1 – point b
Article 4 a – paragraph 1 – subparagraph 1 – point b
(b) 0.10 % as from 1 January 201520.
Amendment 289 #
2011/0172(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 445 #
2011/0172(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall set a national energy efficiency target expressed as an absolute level of primary or final energy consumption (and also energy production, transmission and distribution) in 2020. When setting these targets, they shall take into account the Union’s target of 20 % energy savings, the measures provided for in this Directive, the measures adopted to reach the national energy saving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC and other measures to promote energy efficiency within Member States and at Union level.
Amendment 495 #
2011/0172(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Without prejudice to Article 7 of Directive 2010/31/EU, Member States shall ensure that as from 1 January 2014, 3% of the total floor area owned by their public bodies is renovated each year to meet at least the minimum energy performance requirements set by the Member State concerned in application of Article 4 of Directive 2010/31/EU. The 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the Member State concerned that, on 1 January of each year, does not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU. An alternative to the 3% renovation requirement may be a correspondingly large improvement in energy efficiency by means of other measures applied to the existing building stock, but in this case deducting from the 3% proportion the increase in energy consumption brought about by ventilation installations in order to comply with indoor air requirements.
Amendment 680 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall set up an energy efficiency obligation scheme. This scheme or other alternative measures (determined in paragraph 9). This scheme or other measures (according to paragraph 9) shall ensure that either all energy distributors or all retail energy sales companies operating on the Member State's territory achieve annual energy savings equal to 1.5% of their energy sales, by volume, in the previous year inthe target, which is determined by the Member State. This indicative target will be determined from thate Member State excluding energy used in transpors’ national final energy target. This amount of energy savings shall be achieved by the obligated parties among final customers.
Amendment 972 #
2011/0172(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 4
Article 8 – paragraph 1 – subparagraph 4
In case of heating and cooling, where a building is supplied from a district heating network, a heat meter shall be installed at the building entry. In multi-apartment buildings, individual heat consumption meters shall also be installed to measure the consumption of heat or cooling for each apartment. Where the use of individual heat consumption meters is not technically feasible, individual heat cost allocators, in accordance with the specifications in Annex VI(1.2), shall be used for measuring heat consumption at each radiatorin the building.
Amendment 1052 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By 1 January 2014, Member States shall establish and notify to the Commission a national heating and cooling plan for developing the potential for the application of high-efficiency cogeneration and efficient district heating and cooling, containing the information set out in Annex VII. The plans shall be updated and notified to the Commission every five years. Member States shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans, including urban and rural spatial plans, and fulfil the design criteria in Annex VII. If the potential for cogeneration of electricity and heat has already been relatively fully exploited in a Member State, so that new measures would be significantly less cost-effective than in other countries, the Commission may grant the Member State concerned a derogation from the provisions of the present Article 10 on substantiated grounds.
Amendment 1376 #
2011/0172(COD)
Proposal for a directive
Article 12 – paragraph 5 – subparagraph 1 – point b
Article 12 – paragraph 5 – subparagraph 1 – point b
b) provide priority or guaranteed access to the grid of electricity from high efficiency cogeneration;
Amendment 1377 #
2011/0172(COD)
Proposal for a directive
Article 12 – paragraph 5 – subparagraph 1 – point c
Article 12 – paragraph 5 – subparagraph 1 – point c
Amendment 1529 #
2011/0172(COD)
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 2
Article 19 – paragraph 5 – subparagraph 2
Amendment 1773 #
2011/0172(COD)
Proposal for a directive
Annex VIII – section 1 – subparagraph 1
Annex VIII – section 1 – subparagraph 1
Where a heat demand point of the capacity given in the column C exists or there is a potential heat demand point, it is recommended that the power plant must be located at less than the corresponding distance in column A. A potential heat demand point is defined as one where it can be shown that one can reasonably be created, for example by constructing a district heating network. For example, using standard estimation techniques, if an aggregate heat load in excess of 15 MW / km2 can be shown to exist, this is deemed to be a heat demand point. The total sum of such connectible km square loads shall be deemed to be the demand capacity of such heat demand points.
Amendment 45 #
2011/0152(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘direct effect’: effect on the human body directly provoked by the presence of a strong magnetic or electric field, for example the stimulation of muscles, nerves or sensitory organs, tissue heating, or vertigo or headaches;
Amendment 53 #
2011/0152(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
The ‘action value’ referred to in point (f) of paragraph 1 corresponds to the maximum directly measurable field for which automatic compliance with the exposure limit value is guaranteed. Any exposure level between the ‘orientation value’ and the ‘action value’ requires more extensive evaluations andor preventive measures. Compliance with the action value will ensure compliance with the relevant exposure limit values for health effects.
Amendment 61 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For exposure levels above the action value, appropriate verifications shall demonstrate that the exposure level is not exceeding the relevant exposure limit value for health effects. For exposure levels above the orientation value, appropriate verifications shall demonstrate that the exposure is not exceeding the relevant exposure limit values for safety and health effects or by demonstrating that the exposure level is below the action valueeffects or the employer shall minimize safety effects by preventive measures and training. In the latter case, preventive measures and information to workers shall be adapted.
Amendment 77 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. By way of derogation, paragraphs 1 and 2 shall not apply to medical applications using the magnetic resonance effect and the following related activities: integral system testing before release for shipment, installation, cleaning, maintenance, research and development activities. In these particular cases, specific protection measures shall be put in place. For this purpose the Commission shall consult the existing working groups and proceed according to the measures set out in Annex IV. Concerning medical applications using the magnetic resonance effect, no stronger electromagnetic fields may be created by new equipment than are created by the present commercially available equipment.
Amendment 90 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Without prejudice to paragraphs 4 and 5, workers may not be exposed above the exposure limit values for health effects. For specific situations where these values may temporarily be exceeded, Member States may put in place a system authorising work under controlled conditions and on the basis of a comprehensive risk assessment setting out the actual exposure levels and their likelihood and comparing them to the exposure limit values defined in Annexes II and III. Such specific situations shall be reported to the Commission in the report referred to rin Article 17a of Directive 89/391/EEC.
Amendment 94 #
2011/0152(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC, the employer shall assess and, if necessary, measure and/or calculate the levels of electromagnetic fields to which workers are exposed. Assessment, measurement and calculation may be carried out using the guidance provided in Annexes II and III. For specific cases not referred to in these Annexes, the employer may use harmonised European standards established by CENELEC for relevant assessment, measurement and calculation situations. The employer shall also be entitled to use other scientifically based standards or guidelines if required by the Member State concerned. When relevant, the employer shall also take into account the emission levels and other safety-related data provided by the manufacturers of equipment in accordance with relevant Union legislation.
Amendment 126 #
2011/0152(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
1. Taking account of technical progress and the availability of measures to control the production of electromagnetic fields at the source, the risks related to exposure to electromagnetic fields shall be eliminated or reduced to a minimum.
Amendment 141 #
2011/0152(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. On the basis of the risk assessment referred to in Article 4, workplaces where workers could be exposed to electromagnetic fields exceeding the orientation or action values shall be indicated by appropriate signs in accordance with Annexes II and III and with Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). The areas in question shall be identified and access to them limited as appropriate. Where access to these areas is suitably restricted for other reasons, or in case of right of ways of overhead lines, then signs and access restrictions specific to electromagnetic fields are not required.
Amendment 158 #
2011/0152(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
1. With the objective of prevention and early diagnosis of any adverse health effects due to exposure to electromagnetic fields, appropriate health surveillance shall be carried out in accordance with Article 14 of Directive 89/391/EEC. Those provisions, including the requirements specified for health records and their availability shall be introduced with national law and/or practice.
Amendment 162 #
2011/0152(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 167 #
2011/0152(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
Amendment 173 #
2011/0152(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 174 #
2011/0152(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 201 #
2011/0152(COD)
Proposal for a directive
Annex II – Part B – paragraph 1 - Note 2
Annex II – Part B – paragraph 1 - Note 2
Note 2: for any situation where the shape of the signal differs sufficiently from a sinusoid to affect the outcome, then peak values should be used as follows. For exposure limit values the peak value should be compared with the peak value of the induced electric field obtained by multiplying the values of table 2.1 by 1.41. For magnetic and electric field levels outside the body, peak valuIn case of non-sinusoidal electric and magnetic fields the exposure shall be assessed according to ICNIRP Guidelines, another relevant scientific standards or guidelines ofr their rate of change with time should be compared with the values of table 2.2 or 2.3 multiplied by 8.9f (which is √2 2πf) guidance given by the Commission for the application of the Directive.
Amendment 215 #
Amendment 228 #
2011/0152(COD)
Proposal for a directive
Annex III – Part C
Annex III – Part C
Amendment 233 #
2011/0152(COD)
Proposal for a directive
Annex III – Part E – paragraph 3
Annex III – Part E – paragraph 3
Where a worker has declared to her employer that she is pregnant then the requirements of the Directive 92/85/EEC apply. The employworker shall enable to worker to avoid havinghave the right not to enter areas where there are exposures exceeding the exposure limits for the general public given in Recommendation 1999/519/EC, or its subsequent revisions.
Amendment 93 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 1
Article 1 – paragraph 2 – point 1
(1) Works pPublished in the form of books, journals, newspapers, magazines or other writings, andworks and sound recordings which are contained in the collections of publicly accessible libraries, educational establishments, museums or archives, or
Amendment 101 #
2011/0136(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. A work or a sound recording shall be considered an orphan work if the rightholder in the work is not identified or, even if identified, is not located after a diligent search for the rightholder has been carried out and recorded in accordance with Article 3.
Amendment 105 #
2011/0136(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where a work or a sound recording has more than one rightholder, and one of the rightholders has been identified and located, that work shall not be considered an orphan work.
Amendment 108 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For the purposes of establishing whether a work is anor a sound recording is orphan work, the organisations referred to in Article 1(1) shall ensure that a diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 114 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The sources that are appropriate for each category of works or sound recordings shall be determined by each Member State, in consultation with rightholders and users, and include, the sources listed in the Annex.
Amendment 125 #
2011/0136(COD)
Proposal for a directive
Article 4
Article 4
A work or a sound recording which is considered an orphan work according to Article 2 in a Member State shall be considered an orphan work in all Member States.
Amendment 130 #
2011/0136(COD)
Proposal for a directive
Article 5
Article 5
Member States shall ensure that a rightholder in a work or a sound recording considered to be orphan has, at any time, the possibility of putting an end to the orphan status.
Amendment 134 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that the organisations referred to in Article 1(1) are permitted to use an orphan work or a sound recording in the following ways:
Amendment 135 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) by making the orphan work or the sound recording available, within the meaning of Article 3 of Directive 2001/29/EC;
Amendment 139 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. However, unless otherwise provided in Article 7, the organisations referred to in Article 1(1) may not use orphan works or sound recordings in order to achieve aims other than their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections.
Amendment 144 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that the organisations referred to in Article 1(1), when using orphan works or sound recordings in accordance with paragraph 1, maintain records of their diligent search and publicly accessible records of use.
Amendment 150 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States may authorise the organisations referred to in Article 1(1) to use an orphan work or a sound recording for purposes other than those referred to in Article 6(2), provided that:
Amendment 151 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 2
Article 7 – paragraph 1 – point 2
(2) the organisations maintain publicly accessible records of their use of orphan works or sound recordings;
Amendment 152 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 3
Article 7 – paragraph 1 – point 3
(3) in the case of an orphan work or a sound recording where a rightholder has been identified but not located, the name of the rightholder is indicated in any use of the work or the sound recording;
Amendment 156 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 4
Article 7 – paragraph 1 – point 4
(4) rightholders which put an end to the orphan status of the work, within the meaning of Article 5, are remunerated for the use that has been made of the work or the sound recording by the organisations referred to in Article 1(1);
Amendment 165 #
2011/0136(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The provisions of this Directive shall apply in respect of all works or sound recordings referred to in Article 1 which are, on [transposition date], protected by the Member States' legislation in the field of copyright.
Amendment 20 #
2011/0092(CNS)
Proposal for a directive
Recital 12
Recital 12
Amendment 24 #
2011/0092(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) As regards the possibility for Member States to apply a lower level of taxation to commercial than to non-commercial use of gas oil as motor fuel, this provision would appear to be no longer compatible with the requirement to improve energy efficiency and the need to addresis economically important because transport costs account for a significant portion of the business cost structure, especially in countries twhe growing environmental impact of transportre travelling distances are long, and should therefore be deletedremain in place. Article 9(2) of Directive 2003/96/EC authorises certain Member States to apply a reduced rate on heating gas oil. That provision is no longer compatible with the proper functioning of the internal market and with the wider objectives of the Treaty. It should therefore be deleted.
Amendment 58 #
2011/0092(CNS)
Proposal for a directive
Recital 12
Recital 12
Amendment 67 #
2011/0092(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) As regards tThe possibility for Member States to apply a lower level of taxation to commercial than to non-commercial use of gas oil as motor fuel, this provision would appear to be no longer compatible with the requirement to improve energy efficiency and the need to address the growing environmental impact of transport is economically important because transport costs account for a significant portion of the business cost structure, especially in countries where travelling distances are long, and should therefore be deletedremain in place. Article 9(2) of Directive 2003/96/EC authorises certain Member States to apply a reduced rate on heating gas oil. That provision is no longer compatible with the proper functioning of the internal market and with the wider objectives of the Treaty. It should therefore be deleted.
Amendment 69 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/96/EC
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Member States may differentiate between commercial and non-commercial use of gas oil as motor fuel, provided that the Community minimum levels are respected and the rate for commercial gas oil used as motor fuel does not fall below the national level of taxation in force on 1 January 2003, notwithstanding any derogations for that use laid down in this Directive.
Amendment 71 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/96/EC
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. ‘Commercial gas oil used as motor fuel’ shall mean gas oil used as motor fuel for the following purposes: (a) the carriage of goods for hire or reward, or on own account, by motor vehicles or articulated vehicle combinations intended exclusively for the carriage of goods by road and with a maximum permissible gross laden weight of not less than 7.5 tonnes; (b) the carriage of passengers, whether by regular or occasional service, by a motor vehicle of category M2 or category M3, as defined in Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers.
Amendment 110 #
2011/0092(CNS)
Proposal for a directive
Annex
Annex
Directive 2003/96/EC
Annex I – Table A – Row 5 a (new)
Annex I – Table A – Row 5 a (new)
Diesel oil 20€/t CO2 8.2€/GJ 8.2€/GJ 8.2€/GJ commercial use
Amendment 155 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/96/EC
Article 7
Article 7
As from 1 January 2013, from 1 January 2015 and from 1 January 2018, the minimum levels of taxation applicable to motor fuels shall be fixed as set out in Annex I, Table A." Member States may differentiate between commercial and non-commercial use of gas oil used as propellant, provided that the Union minimum levels are observed and the rate for commercial gas oil used as propellant does not fall below the national level of taxation in force on 1 January 2003, notwithstanding any derogations for this use laid down in this Directive. "Commercial gas oil used as propellant" shall mean gas oil used as propellant for the following purposes: (a) the carriage of goods for hire or reward, or on own account, by motor vehicles or articulated vehicle combinations intended exclusively for the carriage of goods by road and with a maximum permissible gross laden weight of not less than 7.5 tonnes; (b) the carriage of passengers, whether by regular or occasional service, by a motor vehicle of category M2 or category M3, as defined in Council Directive 70/156/EEC1 of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers. ____________ 1 OJ L 42, 23.2.1970, p. 1.
Amendment 217 #
2011/0092(CNS)
Amendment 284 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to the following credit agreements:
Amendment 286 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) Credit agreements the purpose of which is to acquire or retain rights in land or residential immovable property and which are secured either by a mortgage or by another comparable security commonly used in a Member State on residential immovable property or secured by a right related to residential immovable property.
Amendment 288 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 291 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 296 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Member States shall decide to apply either the provisions of this Directive or Directive 2008/48/EC to the following credit agreements: (a) credit agreements for other purposes than provided for in paragraph 1 which are secured either by a mortgage or by another comparable security commonly used in a Member State on residential immovable property or secured by a right related to residential immovable property (b) credit agreements in excess of 75.000 EUR the purpose of which is the renovation of the residential immovable property a person owns or aims to acquire.
Amendment 369 #
2011/0062(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 377 #
2011/0062(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) The natural persons within the management of creditors and credit intermediaries who are responsible for or have a role in the intermediation, or advice or approval of theregarding credit agreement,s possess appropriate knowledge and competexperience in relation to credit agreements. The management of credit intermediaries shall see after that the personnel has an appropriate level of knowledge and competence for their tasks.
Amendment 389 #
2011/0062(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 413 #
2011/0062(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – point i
Article 8 – paragraph 2 – subparagraph 1 – point i
Amendment 422 #
2011/0062(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 449 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point k
Article 9 – paragraph 1 – subparagraph 2 – point k
Amendment 456 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Amendment 464 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Amendment 482 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Amendment 483 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 2 – introductory part
Article 9 – paragraph 3 – subparagraph 2 – introductory part
Amendment 503 #
2011/0062(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 513 #
2011/0062(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that creditors and, where applicable, credit intermediaries provide adequate explanations to the consumer on the proposed credit agreement(s) and any ancillary service(s), in order to place the consumer in a position enabling him to assess whether the proposed credit agreements are is adapted to his needs and to his financial situation. An adequ, where appropriate by explanation shall include the provision of personalised information on the characteristics of the credits on offer, without however formulating any recommendation. Creditors and, where applicable, credit intermediaries shall accurately assess the level of knowledge and experience with credit of the consumer by any means necessary so as to enable the creditorining the pre-contractual information to be provided in accordance with Article 9(2), the essential characteristics of the products proposed and the specific effects they may have on the consumer, including the consequences of default in payment by the consumer. Member States may adapt the manner by which and the extent to which such assistance is given, as well as by whom it is given, to the particular circumstances orf the intermediary to determine the level of explanatisituation in which the credit agreement is offered, the persons to be given to the consumer and adjust such explanations accordinglywhom it is offered and the type of credit offered.
Amendment 518 #
2011/0062(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 563 #
2011/0062(COD)
Proposal for a directive
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
Amendment 585 #
2011/0062(COD)
Proposal for a directive
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
Amendment 592 #
2011/0062(COD)
Proposal for a directive
Article 14 – paragraph 2 – point f
Article 14 – paragraph 2 – point f
Amendment 596 #
2011/0062(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 602 #
2011/0062(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 623 #
2011/0062(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 657 #
2011/0062(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that the consumer has a statutory or contractual right to discharge fully or partially his obligations under a credit agreement prior to the expiry of that agreement. In such cases, he shall be entitled to a reduction in the total cost of the credit, such a reduction consisting of the interest and the costs for the remaining duration of the contract.
Amendment 718 #
2011/0062(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Credit intermediaries shall be duly authorised to carry out the activities set out in Article 3(e) byor registered with a competent authority as defined in Article 4 in their home Member State to carry out the activities set out in Article 3 (e). Such authorisation or registration shall be granted on the basis of requirements established in the home Member State of the credit intermediary and shall include the fulfilment of the professional requirements laid down in Article 20s 6 and 21. What is later on provided for regarding authorisation, applies to registration.
Amendment 740 #
2011/0062(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The powers to adopt delegated acts referred to in Articles 6(4), 8(4), 9(3), 10(3), 14(5) and 16(2 12(5) shall be conferred on the Commission for an indeterminate period of time following the entry into force of this Directive.
Amendment 752 #
2011/0062(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The delegation of powers referred to in Articles 6(4), 8(4), 9(3), 10(3), 14(5) and 16(2 12(5) may be revoked at any time by the European Parliament or by the Council.
Amendment 287 #
2011/0058(CNS)
Proposal for a directive
Article 86 – paragraph 1 – introductory part
Article 86 – paragraph 1 – introductory part
1. The consolidated tax base shall be shared between the group members in each tax year on the basis of a formula for apportionment. In determining the apportioned share of a group member A, the formula shall take the following form, giving equal weight to the factors of sales, labour and assets:
Amendment 291 #
2011/0058(CNS)
Proposal for a directive
Article 86 – paragraph 1 – formula
Article 86 – paragraph 1 – formula
1 SalesA 1 1 Payroll A 1 No of employees 1 Assets A A Share A = Group + + + ∗ Con' d Tax Base 3 Sales 3 2 PayrollGroup 2 2 PayrollGroup 2 No of employeesGroup 3 2 Assets Group Group
Amendment 309 #
2011/0058(CNS)
Proposal for a directive
Article 95
Article 95
Amendment 311 #
2011/0058(CNS)
Proposal for a directive
Article 96
Article 96
Amendment 314 #
2011/0058(CNS)
Proposal for a directive
Article 97 – paragraph 1
Article 97 – paragraph 1
The Commission may adopt acts laying down detailed rules on the calculation of the labour, asset and sales and asset factors, the allocation of employees and payroll, assets and sales to the respective factor and the valuation of assets. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 131(2).
Amendment 1901 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) an enterprise or an organisation employing fewer than 250 persons that is processing personal data only as an activity ancillary to its main activities.
Amendment 2070 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
Amendment 2082 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
Amendment 26 #
2010/2311(INI)
Motion for a resolution
Recital B
Recital B
B. whereas terrorism is not a recent phenomenon; whereas terrorism has taken new forms such as cyber terrorism; whereas terrorism and organised crime are often interlinked; whereas counter- terrorism has always been part of regular law enforcement action; whereas 9/11 led to a fundamental change in the methods and instruments used to fight terrorism; whereas terrorism became a matter of national security, with a very different legal framework,
Amendment 29 #
2010/2311(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Recalls that there is no definition of terrorism which is unambiguous and universally accepted, which hampers discussion concerning terrorism and how to combat it; observes that the characteristic features of terrorism are generally regarded as comprising premeditated acts of violence with political aims, mostly directed against civilians.
Amendment 118 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. analyse the significance of the current media culture, including that of social media, both in transmitting terrorists’ propaganda and as a channel for influencing action against terrorism;
Amendment 119 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. recognise the principal future challenges to European action against terrorism, such as cyber-terrorism and the risks of marginalisation and radicalisation associated with hostile discourse concerning immigration and with the growth of youth unemployment;
Amendment 77 #
2010/2309(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that organised crime is one of the key threats to the internal security of the EU; considers that it should be treated separately from terrorism and calls for a specific, horizontal EU strategy on the issue, including legislative and operational measures, the allocation of funds and a strict implementation timetable; is aware that despite their distinctive features, organised crime and other threats to internal security in the EU, such as terrorism or illegal migration, often are interconnected both operationally and in terms of impact.
Amendment 97 #
2010/2309(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. SRecognises that organised crime is growing in scale and sophistication; therefore stresses that to counter transnational organised crime requires an effort on the part of the Member States and calls on them to approximate their legislation, especially with reference to the development of common, standard procedures and types of criminal offence, taking as a model the legal systems that are the most highly developed in terms of countering organised crime;
Amendment 151 #
2010/2309(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Asserts the importance of strengthening Eurojust in order to improve its effectiveness in countering transnational organised crime, with reference to its powers of initiative and to those conferred upon it under Article 85 of the Treaty on the Functioning of the European Union; takes the view that, in parallel, the provisions of the Treaty of Lisbon concerning the evaluation of Eurojust’s activities by the European Parliament and the national parliaments should be implemented, and is awaiting the relevant communication from the Commission by the end of 2011 and the legislative proposal by the end of 2012; emphasizes also the importance of strengthening the role of Frontex in combating organised crime, given that most threats to internal security are generated outside the EU or have a clear nexus to other parts of the world; recalls that organised crime groups are increasingly mobile and they are exploiting vulnerabilities also in the transport sector.
Amendment 156 #
2010/2309(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its firm support for the implementation of Article 86 of the Treaty on the Functioning of the European Union concerning the establishment of a European Public Prosecutor’s Office and calls on the Commission to arrange, as soon as possible, an impact assessment on the added value of this institution, considering as being within its scope both the protection of the EU’s financial interests and the combating of cross-border organised crime, as provided for under Article 86(4) of the Treaty on the Functioning of the European Union; reiterates its request that the Commission immediately launch debates and consultations with the parties concerned, including civil society, on the establishment of the European Public Prosecutor’s Office and make all the necessary arrangements to set up the appropriate institutional infrastructure, giving Eurojust full powers and consolidating, clarifying and simplifying its relations with key players such as the European Judicial Network, OLAF, Frontex and Europol and with individual national judicial and administrative institutions;
Amendment 165 #
2010/2309(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises that despite the protocols and bilateral agreements between Europol, Eurojust and OLAF there is still significant room for improvement as far as cooperation between these institutions is concerned; calls, therefore, on Europol, Eurojust, Frontex and OLAF to make tangible, joint efforts both to assess and constantly update the cooperation agreements and to implement them, notably with reference to exchanges of case summaries, information relating to cases and strategic information and data;
Amendment 166 #
2010/2309(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises that despite the protocols and bilateral agreements between Europol, Eurojust and OLAF there is still significant room for improvement as far as cooperation between these institutions is concerned; calls, therefore, on Europol, Eurojust, Frontex and OLAF to make tangible, joint efforts both to assess and constantly update the cooperation agreements and to implement them, notably with reference to exchanges of case summaries, information relating to cases and strategic information and data;
Amendment 231 #
2010/2309(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Urges the EU institutions to take stronger measures than at present against trafficking in persons, as this is one of the most lucrative types of activity of international organised crime worldwide and reducing and eradicating trafficking in persons is therefore an important objective of efforts to root out organised crime in the EU;
Amendment 66 #
2010/2308(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reminds the Commission that insufficient measures to prevent marginalisation create a serious threat to internal security where the risks of individuals undertaking criminal activity or other actions that reduce the security of society or individuals increase and accumulate – for example, youth unemployment and school drop-outs increase the risk of criminal activity – and therefore calls for an assessment of the impact of marginalisation on internal security in the EU as a whole;
Amendment 72 #
2010/2303(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that there should be a basic assumption that no person should serve on more than threthe boards of directors of so many financial institutions as to jeopardise compliance with the principle set out in Paragraph 19 above;
Amendment 126 #
2010/2303(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 133 #
2010/2303(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 53 #
2010/2301(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that European direct foreign investment in China is not having any measurablymay have a negative impact on employment in Europe, but, on the contrary, isother hand, may also havinge a positive effect on employment in the European branches of the companies concerned.;
Amendment 1 #
2010/2300(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Millennium Declaration adopted by the United Nations on 8 September 2000,
Amendment 4 #
2010/2300(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the reduction and ultimate eradication of poverty is the EUuropean Union development policy’s primary objective under the Lisbon Treaty,
Amendment 15 #
2010/2300(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the European Union has hitherto referred to violations of human rights (‘first-generation rights’) in partnership agreements rather than violations of socio-al, economic and cultural rights (‘second-generation rights’),
Amendment 23 #
2010/2278(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. asks for the inclusion of a binding social clause in all relevant sthe Commission to ensure according to proposal 29, that in all Single mMarket legislation, with a view to ensuring that competition rules respect fundamental rights and protecting and upholding the right to collective action and the right to strike in the context of the four freedoms; demands the establishment of a special social chamber of the ECJ, with judges specialising in labour and social law fundamental rights and their appropriate application are taken into account;
Amendment 35 #
2010/2278(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. calls for a revision of the implementation of the Posting of Workers Directive (96/71/EC1)2), according to proposal 30, with a view to protecting Member States’ labour standards and industrial relations systems, including collective bargaining and different forms of collective action, and upholding the principle of equal pay for work of equal value rather than simply referring to minimum rates;
Amendment 55 #
2010/2278(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. calls on the Commission to develop a genuinexamine the restructuring strategy which actively involvesaccording to proposal 32 so that all stakeholders, including workers and their representatives; takes the view that, are actively involved in the consultation; takes the view that in the restructuring strategy, information and consultation procedures pertain to all areas ofshall concern especially acntivity within a company, the strategic decisions and choices made by that company and the anticipation of their impact on employmentcipation of company's potential decisions' impact on employment, ensuring at the same time, that sensitive information is kept secret from competitors;
Amendment 73 #
2010/2278(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. welcomes the Commission initiproposal 38 on public consultativeon to enhance corporate governance, with the specific goal of increasing employee involvement and improving the transparency of information provided by businesses, including management remuneration; calls for a coherent approach that involves setting high minimum standards and promoting information and contransparency in social and environmental matters, and respect for human rights, and underlines that increased transparency, which takes into account business secrets, good relations with personnel, and production processes which are in accordance with sulstation rights for employees and their representatives, along with boardroom participation rights.inable development, are also in the interest of businesses, their owners and those who invest in them;
Amendment 30 #
2010/2276(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. CTakes the view that current EU aid absorption rates are too low, and calls on the Commission to establish a special body to monitor Member States’ performance in absorbing EU funds, and; also calls urgently for the collection of data, taking into consideration the data protection directives, on the effectiveness of EU funds, in order to develop evidence- based policies;
Amendment 59 #
2010/2276(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that where necessary applicants, such as grass-roots NGOs, should be given administrative assistance, e.g. by organising training and by helping with aid applications and explanations;
Amendment 64 #
2010/2276(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls urgently for the development of benchmarks, indicators, independent monitoring and impact assessment mechanisms to evaluate the efficiency and the tangible results of the programmes rather than purely checking that projects in receipt of grants have met the procedural formalities and calls for effective monitoring of the use of funds so that the money genuinely ends up improving the living conditions, health care, education and employment of the Roma;
Amendment 85 #
2010/2276(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges that the prevention of marginalisation should begin in early childhood, so that as soon as a child is born it is entered on the population register in such a way that its nationality is recognised and it comes within the sphere of all social services; considers in particular that Roma children should be guaranteed high-quality early education services and that special measures should be taken to support their schooling;
Amendment 86 #
2010/2276(INI)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Takes the view that the best way of preventing marginalisation is by means of special measures to support the recruitment and continued employment of Roma, and by investing, through support measures, in the development of adult professional training and the training of the young adult population;
Amendment 2 #
2010/2245(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it necessary to increase understanding of challenges facing society and that innovation should be used to solve society’s problems, stresses the importance of the pilot partnership in the field of active and healthy ageing, considers that similar innovation partnerships should also be developed to prevent and remedy other crucial health and social problems, such as various harmful dependencies, poverty and social exclusion, and recommends taking advantage of the various Member States’ capacity to initiate partnerships more swiftly than others;
Amendment 6 #
2010/2245(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers exemplary the objective assigned to the pilot partnership on Active and Healthy Ageing of extending healthy lifetimes by two years by 2020 and considers that, for all innovation partnerships, clear objectives should be set which without the innovative measure would lack vision and motivation and it would become more difficult to set measurable interim and partial objectives;
Amendment 10 #
2010/2245(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of information and communications technology (ICT) in all innovative activity, recommends promoting the widespread use of ICT, promoting R&D in this field, favouring open-source codes, developing a user- driven innovation policy and thus facilitating greater participation by citizens and SMEs in the development of applications and new services;
Amendment 16 #
2010/2245(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends involving all citizens in innovation and empowering them to innovate, supports the Commission’s proposal for a European social innovation pilot project and its proposal that social innovation should become a central priority of European Social Fund (ESF) programmes; considers that innovation policy should be viewed broadly, not merely as technical innovation but – more than hitherto – as social and services innovation helping to achieve better organisation of cooperation among people and assisting direct production of services, but also assisting industrial production, which is in search of better organisation of work and competitive advantages to be attained with the aid of new services;
Amendment 24 #
2010/2245(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of raising the level of training, particularly lifelong learning, and developing all training activities better to enhanceat all training levels better than at present to enhance creativity, innovativeness and entrepreneurship;
Amendment 30 #
2010/2245(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that an effective European research area should be created as a matter of urgency, in which obstacles to the mobility of researchers should be elimincooperation is based primarily on voluntary cooperation between Member States, obstacles to the mobility of researchers should be eliminated and advanced European research infrastructure should be created;
Amendment 32 #
2010/2245(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Supports the objective of increasing the number of researchers in the EU by one million by 2020 and observes that such an enormous investment would have significant multiplier effects on employment, but at the same time considers that the objective is very ambitious and would require objectives to be set for each individual country and purposeful efforts, while the public sector does not necessarily have sufficient budget funds, so that although there is a strong need to increase the number of posts for researchers at higher education establishments and public research institutes, the greater proportion of the new researchers will be employed in the private sector and that attention should be devoted less to the number of researchers than to their innovativeness, the quality of their education, the European division of labour in the field of research, resources for research and the quality of research;
Amendment 38 #
2010/2245(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recommends that innovation should also be promoted by means of joint cross- border public-sector projects, by coordinating EU, Member States’ and regional public funding better than hitherto and reducing the associated bureaucracyeliminating legislative obstacles to using public procurement to promote innovation, by moving in the direction of setting a minimum target for the proportion of public procurement designed to promote innovation and by coordinating EU, Member States’ and regional public funding better than hitherto and reducing the associated bureaucracy, thus facilitating participation particularly by SMEs, by increasing the use of public data, improving access to research findings and making it easier to exploit them, and by means of measures to promote venture capital investment in businesses with growth potential.
Amendment 39 #
2010/2245(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 41 #
2010/2245(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Observes that the research projects to be funded should aim to achieve substantial results and that the productivity of innovation work should be measured by means of suitable monitoring indicators;
Amendment 28 #
2010/2239(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that sustainable public finances require including the total of public and private debt in the assessment; recalls that pension savings are not only savings earmarked as pension; requests that the full scale of unfunded public sector pension liabilities is made transparent by including these in the government debt-to- GDP ratio; calculations on the long term sustainability of public finances;
Amendment 98 #
2010/2239(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Observes that the EU lacks a set of common criteria which illuminate the variousfirst-, second- and third-pillar pension systchemes and that there is therefore a lack of transparent supervision applicable to all systemin Member States differ significantly from one another; stresses that the EU should enhance the comparability of pension schemes and promote the exchange of good practices;
Amendment 171 #
2010/2239(INI)
Draft opinion
Paragraph 17
Paragraph 17
17. Is of the opinion that the newly established European Supervisory Authority (European Insurance and Occupational Pensions Authority) should play an important role in the development of a solvency regime for pension funds in general and IORPs more specifically, recalls that the IORP Directive should not apply to any public pension liabilities or work related pension systems in the first pillar;
Amendment 177 #
2010/2239(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that, within the diversity of pension systems, the general systems (first pillar) combined with work-related systems (in most cases second pillar) afford the best guarantee of adequate pension provision;
Amendment 209 #
2010/2239(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that high inflation damages, but good economic growth and a high employment rate increase, the sustainability and adequacy of pension systems;
Amendment 362 #
2010/2239(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that, because of the diversity and complexity of the various second-pillar systems, conditions need to be laid down concerning the portability of acquired pension entitlements in the sense that portability begins when new contracts are concludeof supplementary pensions begins after a certain vesting period, an application for transfer being approved only if the actuarial sum transferred is to be placed in a fund whose purpose is payment of old-age pensions; considers that tax must be calculated and paid in the Member State where the entitlements have been accumulated;
Amendment 376 #
2010/2239(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that in many Member States the importance of second-pillar pension provision has been recognised, and that ithe EU can add muost valso beue by providing coordination between the various schemes and encouraging Member States to ensured that such provision meets European conditions and criteria applicable to second-pillar provisa framework is in place which adequately protects pension plan members and guarantees access to high-quality information;
Amendment 385 #
2010/2239(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers that the second pillar must be available to all employees by right, in those Member States where work-related pensions are not mainly included in the first pillar, without any discrimination on grounds of sex, sector and/or employment contract;
Amendment 393 #
2010/2239(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 427 #
2010/2239(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Stresses the importance of using a uniform methodology to calculate the part of the national debt which is due tolong-term sustainability of public finances and the share of public debt accounted for by pension-related obligations;
Amendment 27 #
2010/2205(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the United States – the self- proclaimed main guardian of democracy in the world – has only ratified two out of eight fundamental ILO conventions, viz. Conventions 105 on Forced Labour and 182 on Child Labour,
Amendment 80 #
2010/2205(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Suggests building a new social alliance stressing the importance of social issues and focussing on implementation and enforcement of pragmatic and sustainable solutions; underlines in this respect the importance of raising the awareness of the social partners of their rights and obligations;
Amendment 81 #
2010/2205(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 110 #
2010/2205(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the creation of social attachés in the new External Action Service to increase its efficiency in the area of social policy and, in particular, to ensure that decent work for all is implemented as a central policy objective;
Amendment 114 #
2010/2205(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 146 #
2010/2205(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks the Commission and the Member States to integrate employment and social policies as a priority in all negotiations regarding global economic governance structures and macro-economic dialogues;
Amendment 58 #
2010/2162(INI)
Draft opinion
Paragraph 1 – point 5 a (new)
Paragraph 1 – point 5 a (new)
5 a. Welcomes the Commission’s "Strategy for equality between women and men (2010-2015)";
Amendment 64 #
2010/2162(INI)
Draft opinion
Paragraph 1 – point 5 b (new)
Paragraph 1 – point 5 b (new)
5 b. Points out that according to the Eurobarometer Special Survey "Gender equality in the EU in 2009" the need to reduce the pay gap between men and women is widely recognized in Europe;
Amendment 68 #
2010/2162(INI)
Draft opinion
Paragraph 1 – point 5 c (new)
Paragraph 1 – point 5 c (new)
5 c. Considers that for instance unequal pay, pension benefits and insurance charges tend to put women in a more vulnerable economic and social situation; therefore calls on the Member States to enhance the reconciliation between work and family life by concrete measures, such as improving transparency of pay and recruitment procedure, enabling flexible working hours and balancing costs of parenthood;
Amendment 15 #
2010/2157(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the ESF’s importance in cohesion policy and calls for integrated programmes at regional level so that the ERDF and the ESF work better together and also with the CAP, withmaking it possible to meet the needs of rural areas effectively, and considers that all cohesion policy should have a results-oriented focus on competitiveness, employment and other Europe 2020 Strategy targets; calls for cohesion policy to be conditional on results and to set measurable targets and outcome indicators to permit ongoing evaluation;
Amendment 19 #
2010/2157(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Within the framework of the ESF, calls for improvements in the working conditions and capacity for work of older people and for incentives to continue to work for longer than at present, calls for further training to be organised for employees, in order to meet the changing needs of working life, and urges that support be provided for older entrepreneurs;
Amendment 25 #
2010/2157(INI)
Draft opinion
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Considers that regional economies and structures should be renewed in advance in preparation for coping with the impact of the ageing of the population and that those regions where population ageing will be most rapid could be used as test grounds for experimenting with and funding innovative solutions to regional problems caused by rapid demographic change, bearing in mind that new social and services innovation iss are needed in many areas, for example:
Amendment 38 #
2010/2157(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes in this context the Commission’s proposal for a Partnership on Active and Healthy Ageing, which could provide the coordination for developing the above innovations; calls for the cohesion budget to be made more flexible than at present, to make it possible to apply new ideas and approaches and to encourage risk-taking and experimentation;
Amendment 39 #
2010/2157(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Observes that, during the current programme period, regional and structural policy is based on fund-centred programmes, and considers that during the next programme period Structural Fund measures should be combined in a single programme document at the appropriate regional level;
Amendment 47 #
2010/2157(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recommends that Member States and the Commission set up user-friendly websites to enable members of the public to ascertain where EU cohesion funding is really going and what is being achieved by means of it.
Amendment 76 #
2010/2143(DEC)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Notes that finding out where the money under different budget headings is actually flowing or being used, demands great extra efforts on the part of Members and the public; , therefore, in order to increase transparency, proposes the creation of a user-friendly tool on the Internet showing money flows not only in figures, but also through lines of different sizes, reflecting those figures and making the necessary connections from one actor in the chain to another, at the various different levels of action, so that those money flows may be easily recognised and traced to as concrete a level of the usage of money as possible, whilst always taking into account the protection of privacy;
Amendment 154 #
2010/2142(DEC)
Motion for a resolution
Paragraph 45 d (new)
Paragraph 45 d (new)
45d. Proposes, in order to increase transparency, the creation of a user- friendly tool on the Internet showing money flows not only in figures, but also through lines of different sizes, reflecting those figures and making the necessary connections from one actor in the chain to another, at the various different levels of action, whilst always taking into account the protection of privacy;
Amendment 155 #
2010/2142(DEC)
Motion for a resolution
Paragraph 45 e (new)
Paragraph 45 e (new)
45e. Notes that NMDs should contain full information about the use of Union funds, and that after the signing of NMDs at ministerial level they should be made public;
Amendment 31 #
2010/2137(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned that these measures, which are temporary in nature, might ultimately not be that temporary; urges the Commission to provide clarity on the phasing out criteria that will be used to decide on their possible extension, and emphasises the need to abolish temporary measures and exemptions as soon as possible;
Amendment 45 #
2010/2137(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Urges the Commission to provide the Parliament with a thorough analysis of the impacts on competition of State aid during the crisis;
Amendment 83 #
2010/2114(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers it crucial that the ‘Prevention’ part of the EU CBRN Action Plan should be amended in such a way as to forinduce the chemicals industry to replace the use of high-risk chemicals with suitable lower-risk alternatives, where such replacement is possible, regardless of th and within reasonable range economic costsally; suggests that a specific link should be established with the existing REACH Regulation1, something which the version of the Action Plan proposed by the Commission rightly sought to do;
Amendment 91 #
2010/2112(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Recognises the need to foster healthy nutrition habits towards those agricultural products whose production consumes less energy, water and other resources;
Amendment 173 #
2010/2112(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the need for fairness in the CAP, which should ensure a balanced distribution of support to farmers from all Member States, greater territorial cohesion, and the phasing-out of export subsidies and takes into account objective factors like climatic conditions;
Amendment 259 #
2010/2107(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Commission to evaluate the possibility of expanding the scope of the Buildings Directive to cover large buildings, including eco-design requirements for products, and in particular industrial electrical motors and heat exchangers, used in large buildings;
Amendment 319 #
2010/2107(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to ensure framework conditions for the development of electric vehicles and vehicles using fuel cells or biofuels, notably concerning standardisation of software for infrastructure and charging or fuelling stations;
Amendment 324 #
2010/2107(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Asks Member States to abolish tax regimes which incentivise purchases of fuel-inefficient cars10 and replace them with tax regimes which incentivise purchases of fuel-efficient cars;
Amendment 2 #
2010/2105(INI)
Motion for a resolution
Citation 7
Citation 7
– having regard to the Commission staff working document on innovative financing at a global and European level (SEC(2010)0409) and the Commission Communication on the taxation of the financial sector (COM(2010)0549/5) as well as the accompanying staff working document (SEC(2010)1166),
Amendment 7 #
2010/2105(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the spectacular rise in the volume of financial transactions in the global economy within the last decade – a volume which in 2007 reached a level 73.5 times higher than nominal world GDP, mainly owing to the boom on the derivatives market - is clearly illustrating thesuggests a growing disconnection between financial transactions and the needs of the real economy,
Amendment 10 #
2010/2105(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the financial sector is heavily reliant on trading patterns, such as high- frequency trade (HFT), which are mainly targeted on short-term profits and are exposed to excessivehigh leverage, which was one of the main causes of the financial crisis; whereas this has caused excessivestrong price volatility and persistent deviations of stock and commodity prices from their fundamental levels,
Amendment 16 #
2010/2105(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in the EU in particular the cost of the bail-outs has triggered a subsequentaccelerated the occurrence of an already looming fiscal and debt crisis that, and has placed a burden on public budgets and severely endangered job creation and welfare state provision,
Amendment 25 #
2010/2105(INI)
Motion for a resolution
Recital H
Recital H
H. whereas this prompted the current debate on European economic governance, a key component of which should be measures to strengthen the coordination of taxation policies in order to safeguard tax justice and bring about a shift in the tax be inefficiency of the Stability and Growth Pact in its present form and the divergence in competitiveness between Member States prompted the curdren from labour towards activities with strong negative externalitiest debate on European economic governance,
Amendment 28 #
2010/2105(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the crisis has highlighted the need to raise new, fair and sustainable revenues, as well as to enforce existent legislation and improve the effectiveness of tax collection in order to ensure that fiscal consolidation is effectively combined with long-term economic recovery and the sustainability of public finances, job creation and social inclusion, which are key priorities of the EU 2020 agenda,
Amendment 37 #
2010/2105(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the work carried out so far by the Commission, but deplores its obvious reluctance to make concrete proposals and its failure toand welcomes its respondse to the call made by Parliament in its resolution of March 2010 for a feasibility study on an EU-based FTTthe FTT as part of its planned impact assessment;
Amendment 40 #
2010/2105(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 52 #
2010/2105(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the main advantage of innovative financing tools, as compared to traditional ones, is their can bring double dividend, as they can at the same time contribute to the achievement of important policy goals, such as financial market stability, and offer significant revenue potential; stresses, in this context, that the effects of these tools on the negative externalities produced by the financial sector should also be taken into account;
Amendment 53 #
2010/2105(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the main advantage of innovative financing tools, as compared to traditional ones, is their can bring double dividend, as they can at the same time contribute to the achievement of important policy goals, such as financial market stability, and offer significant revenue potential;
Amendment 66 #
2010/2105(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the introduction of an FTT at a global level could help to tackle the growing and highlysome damaging trading patterns in financial markets, such as short-termism and automated HFT, and curb speculation; stresses that an FTT would thusmight improve market efficiency, and reduce excessive price volatility and create incentives for the financial sector to make long-term investments with added value for the real economy;
Amendment 72 #
2010/2105(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the revenue potentialcurrent revenue estimates of a low-rate FTT, which could, with its large tax base, yield nearly €200 billion per year at EU level and $650 billion at global level; considers that – would these amounts materialise - this would constitute a substantial contribution by the financial sector to the cost of the crisis and to public finance sustainability;
Amendment 76 #
2010/2105(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned that there is a high risk that the momentum behNotes the rapid evolution of the debate concernindg the proposal to introduce a global FTT is about to be lost and deplores the fact that the G20 has so far been unable to promotFTT and the increasingly differentiated evaluation of the feasibility, efficiency and effectiveness of such a tax as well as the emeanrgingful joint initiatives on this matter; calls on the G20 leaders to reach an agreement discussion concerning a Financial Activities Tax (FAT); calls on the G20 leaders to give guidance on the desired future onf the minimum common elements of a global FTTse various kinds of taxation;
Amendment 88 #
2010/2105(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that some EU Member States have already introduced similar types of transaction taxes with no apparent negative impact, while other EU Member States have experienced strong negative impacts, including massive delocalization of financial activities, a phenomenon that could only be partially reversed after the tax was abolished;
Amendment 94 #
2010/2105(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that a European FTT should only be considered if the European Commission's impact assessment concludes that this is a viable option that does not cause a significant displacement of economic activity away from the European Union;
Amendment 101 #
2010/2105(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, further, that the flow of merely speculative transactions to other jurisdictions would not have few detrimental effects, but could have the potential to contribute to increased market efficiency; also stresses that not all actions deemed to be speculation are to be condemned, rather that a broad variety of risk taking is necessary to maintain the stability of EU financial markets; recalls that the high interest rates offered on bonds in states experiencing a debt crisis are geared towards attracting the speculator's resources in order to help overcome the crisis;
Amendment 104 #
2010/2105(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that within the centralised European market central clearing and settlement services make an EU FTT technically feasible,could facilitate the introduction of an FTT that could be cheap in administrative terms and simple to implement;
Amendment 106 #
2010/2105(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the recentWelcomes the Commission Communication, which comes down against the introduction of an EU FTT not on the basis of comprehensive, evidence-based research, but on that of the general argument of the competitive disadvantage for the EU economy as a first step helping to get a grasp on this difficult and emotionally laden topic;
Amendment 109 #
2010/2105(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. CWelcomes the fact that the recent Commission Communication has announced an impact assessment on various options for the taxation of the financial sector and calls on the Commission also to address in its feasibility study the geographical asymmetry of transactions and revenues and the possibility of a graded or differentiated rate on the basis of the asset category, the nature of the actor involved or the short-term and speculative nature of the transaction; calls on the Commission to develop follow-up proposals based on the results of its impact assessment;
Amendment 122 #
2010/2105(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes, in that context, the recent Commission proposals on OTC derivatives and short selling which impose explicit central clearing and trading repository requirements on all OTC derivatives transactions, thus making the implementation of this broad-based EU FTT futechnically feasible;
Amendment 124 #
2010/2105(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of comprehensive rules on exemptions and thresholds in order to ensure that the main burden is not transferred toInsists on examining who will eventually be paying the tax, as taxes are usually burdened on the consumer, which in this case would be retail investors and individuals;
Amendment 127 #
2010/2105(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 131 #
2010/2105(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes the IMF proposal for a Financial Activities Tax (FAT), as endorsed in the recent Commission communication; stresses that an FAT is a solely revenue- oriented tax tool and therefore has no direct or indirect potential to restore mthat directly tarkget balance or to curb speculation in financial transactions; emphasises, moreover, that even if they are given the broadest possible scope FATs offer lower revenue potential than FTTs; believes, therefore, that an FAT can only be a complement to an FTTs the financial sector; notes that if well- designed, a FAT allows reaching two additional objectives of being a good proxy for value-added of the sector and to tax economic rents and excessive risk- taking; calls on the Commission to assess its potential;
Amendment 136 #
2010/2105(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is aware of different options for the management of the additional revenues generated by the taxation of the financial sector at both national and European level; is convinced that in order to safeguard the European added value of the aforementioned innovative financing tools a substantial part of those revenues should be allocated to the EU budget to finance EU projects and policies;
Amendment 142 #
Amendment 143 #
2010/2105(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 149 #
2010/2105(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the Commission to produce a feasibility assessment in order to establish in the long run a system under which Member States may participate in the issuance of common European bonds; calls for the inclusion in such an assessment of the strengths and weaknesses of all options, taking into account possible moral hazard implications for participating members;
Amendment 150 #
2010/2105(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 159 #
2010/2105(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 164 #
2010/2105(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that the current taxation model should fully embrace the polluter-pays principle by using innovativadequate financing tools in order to shift the tax burden on to activities which pollute the environment;
Amendment 167 #
2010/2105(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Supports, therefore, the introduction of a carbon tax on European sectors not covered bya strengthening of the Emissions Trading Scheme as well as a comprehensive revision of the energy taxation directive to make CO2 emissions and energy content one of the basic criteria for the taxation of energy products;
Amendment 169 #
2010/2105(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 174 #
2010/2105(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes adequate tools need to be found to impose a CO2 tax on imported products and services in order to rWarns against the risk of initiating trade wars as a resulet out competitive disadvantages for the internal marketf the imposition of a border tax based on the CO2 content of imported goods;
Amendment 177 #
2010/2105(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Believes thatCalls on the Commission to research the feasibility of a European carbon-added tax along the lines of VAT imposed on every product within the internal market would be the least distortive and fairest tool; suggests as an alternativealso calls on the Commission to explore the usefulness and feasibility of a Border Taxation Adjustment negotiated within the WTO framework to provide for the imposition of carbon tariffs on non-EU products imported into the internal market as an alternative to the carbon-added tax;
Amendment 181 #
2010/2105(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Understands that a Carbon Tax would be an instrument to reduce emissions rather than a long-term source of income, as this source would eventually dry up should that instrument be effective;
Amendment 184 #
2010/2105(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Points out that a common European carbon tax would have highly dissimilar effects on individual Member States; warns, in this respect,against the uneven burdens that such a tax would create;
Amendment 190 #
2010/2105(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Notes that there is as yet no clear idea to whom the proceedings thus collected are to be allocated;
Amendment 9 #
2010/2103(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Hopes that the EU will set a good example, by removing obstacles such as tariffs and levies, to trade in 'green'economically, socially and environmentally sustainable technologies and environmentally sound and climate-friendly products and promoting 'environmental goods and services' (EGS), including on the basis of the Bali Action Plan and the Copenhagen Green Climate Fund;
Amendment 16 #
2010/2103(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the conclusion of an internationally binding agreement on climate protection and strongly supports the objective of a 320% reduction in CO2 emissions in the EU by 2020, irrespective of international negotiations, and the long- term EU objective of reducing emissions of CO2 and other greenhouse gases by at least 850% by 2050;
Amendment 21 #
2010/2103(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is convinced that measures to combat climate change must be based on the principle of solidarity between industrialised and developing countries; calls, therefore, for an overall strategy for emission trading and taxation of energy and greenhouse gas emissions to be devised jointly with developing countries, emerging countries and industrialised countries in order, on the one hand, to prevent an exodus by businesses (carbon leakage) and, on the other hand, to generate funding for measures to combat and adjust to climate change;
Amendment 28 #
2010/2103(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Opposes subsidies for fossil fuels and calls for greater support formore research and development efforts and greater support for economically, socially and environmentally sound renewable energies and identification and development of decentralised energy sources, particularly in developing countries;
Amendment 33 #
2010/2103(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Advocates that genuine, binding sustainability criteria and standards be developed for the production of biofuels and biomass which take account, first and foremost, of the emission of climate- changing gases and small particles due to indirect land use change (ILUC) and the whole production cycle; stresses that safeguarding food supplies must take priority over the production of biofuels.
Amendment 28 #
2010/2102(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that more emphasis should be placed on efforts to undertake capacity building within developing countries in order to help them make effective use of the exchange of information and effectively counter tax evasion with their own, internal, legislation;
Amendment 31 #
2010/2102(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Deplores that jurisdictions which lack transparency on tax matters, the so-called tax havens, weaken democratic governance, make economic crime more profitable, encourage rent- seeking, and increase the inequitable distribution of tax revenues; urges the EU to make the fight against tax havens and corruption a top priority of the agenda in international finance and development institutions;
Amendment 60 #
2010/2099(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the TFEU gives the Union enhanced power to strengthen economic governance within the Union, although changes tobut the provisions of the TFEU in the future cannot be excludedshould not be stretched over their limits,
Amendment 207 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 4 – indent 1
Annex 1 – heading 4 – indent 1
– Establish a permanent mechanism or body (European Monetary Fund) as a last resort mechanism for cases in which market financing is no longer available based on existing mechanisms (the European Financial Stability Facility, the European Financial Stabilisation Mechanism and the European balance of payments instrument) with clear rules on the decision-making procedure, funding, conditionality for loans, monitoring, rules on burden-sharing, and resources and powers in order to facilitate borrowing and lending activity in exceptional circumstances and in order to facilitate orderly resolution avoiding contagion and ring-fencing sovereign debt insolvency, if needed.
Amendment 232 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 5 – paragraph 1 – indent 5
Annex 1 – heading 5 – paragraph 1 – indent 5
– Establish a high-level tax policy group chaired by the Commission with a mandate to work for a strategic and pragmatic approach to tax policy issues in the Union, while paying particular attention to combating tax fraud, reinvigorateding the code of conduct on business taxation and facilitating the adoption of the Common Consolidated Corporate Tax Base and growth- enhancing tax reforms.
Amendment 22 #
2010/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas maintaining global leadership of European industry is only possible through new technologies/processes/solutions, R&D, a sophisticated supply-chain, better efficiency, strong human resources, good logistics and infrastructure, as cost-cutting is not the way forward for industry in Europe,
Amendment 33 #
2010/2095(INI)
Motion for a resolution
Recital C
Recital C
C. whereas it is possible to achievesupport industrial progress through smart, long- term, balanced regulation, and market stimulation, andby following global trends towards clean and sustainable forms of production, distribution, and whereas public consumption could be smartly exploited to the benefit of European industry, its competitiveness and global leadership,
Amendment 205 #
2010/2095(INI)
Motion for a resolution
Paragraph 13 – indent 3 a (new)
Paragraph 13 – indent 3 a (new)
· supporting R&D on improving recyclability of products and their material contents, and supporting R&D on developing closed industrial processes with minimum levels of wasted material and energy flows,
Amendment 222 #
2010/2095(INI)
Motion for a resolution
Paragraph 14 – indent 1
Paragraph 14 – indent 1
- intensification of raw material recovery by means of ambitious recycling rules, appropriate support for research, and a stop to the exporting of waste that contains raw materialspromoting recycling and re-use in the EU area of materials which are nowadays treated as waste,
Amendment 232 #
2010/2095(INI)
Motion for a resolution
Paragraph 14 – indent 3
Paragraph 14 – indent 3
- optimal utilisation of raw materials available in the EU, calling among other things for the rapid introduction of a European geo-information system that gives an overview of the raw materialbetter geological surveys in the Member States on the minerals that may be mined, and better surveys of the renewable and recyclable natural resources available in the EU,
Amendment 284 #
2010/2095(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls for innovations in health care and social sector so that the industries will not face lack of work force and higher labour costs in the next decades;
Amendment 309 #
2010/2095(INI)
Motion for a resolution
Paragraph 16 – indent 4
Paragraph 16 – indent 4
- opening up and modernising universities to allow them to offer higher vocational qualifications (for engineers, IT specialists, technicians, etc.) or increased cooperation between science universities and those universities of applied sciences and educational institutions which are more geared to vocational education;
Amendment 341 #
2010/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for a stronger, coordinated EU policy on lead markets, such as the environmental industries (some 3.5 million employees, EUR 300 billion turnover, up to 50% of the global market) while reducing public subsidies to them; stresses that many "traditional" markets – steel, automobiles and shipbuilding, for example – have a strong capacity for innovation and/or offer comparative advantages, of which full use should be made; for these purposes, product-specific legislation such as the eco-design directive should be developed further, and industry-stimulating initiatives such as the "green car initiative" put in place;
Amendment 369 #
2010/2095(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the establishment of a task force on restructuring operations and a stronger role for the European structural funds in restructuring processesrestructuring processes to be left to the competence of the Member States, so that employees and firms can be offered a future; calls for research and development in furtherance of conversion processes to be intensified;
Amendment 423 #
2010/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for future trade agreements to be drawn up in such a way that they form part of an industrial strategy based on fair competition in the developed and developing worlds; the principle of sustainable development must be comprehensively applied, and social and environmental standards incorporated in free trade agreements; steps must be taken to ensure that European industries are not endangered by unfair practices, as is currently happening in the solar energy industry;
Amendment 452 #
2010/2095(INI)
Motion for a resolution
Paragraph 26 – indent 2 a (new)
Paragraph 26 – indent 2 a (new)
• calls for enhancing ICT industries and especially increased applications which use common standards and, where possible, open sources, and calls for better use of computers and supercomputers in creation of helpful models of complex systems, including industrial processes, and advancing their use in monitoring and controlling the huge amount of data involved in modern industries,
Amendment 464 #
2010/2095(INI)
Motion for a resolution
Paragraph 26 – indent 3
Paragraph 26 – indent 3
• a particular focus on the key European industries – e.g. the automotive industry, renewable energies and energy saving, aviation, chemicals, foodICT, food, machineries and the creative industries,
Amendment 468 #
2010/2095(INI)
Motion for a resolution
Paragraph 26 – indent 3 a (new)
Paragraph 26 – indent 3 a (new)
• calls for the creation of a public data base in the Internet, "a virtual Europe", which includes spatial, industrial and business information combined in a manner which helps industries to easily find business partners and thus increases cooperation and spread of best practices;
Amendment 6 #
2010/2088(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. The European Parliament's Committee on Economic and Monetary Affairs notWelcomes the Commission's initiative to launch a fruitful and serious dialogue on improving gross domestic producdeveloping other indicators to complement (GDP) as an indicator for assessing economic activity and progress. in order to measure economic, social and environmental developments;
Amendment 10 #
2010/2088(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Suggests that instead of aiming at a single ‘gross domestic’ economic, environmental or social indicator, to aim at a set of relevant indicators, and suggests that this set of indicators is built in such a way that it may later be easily complemented by other indicators;
Amendment 11 #
2010/2088(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the need to develop reliable and harmonised statistics which are attained using similar methodology, common standards, definitions, classifications and accounting rules in each Member State and are therefore readily comparable; requires that data collection and processing is done in conformity with principles of professional independence, impartiality, objectivity, reliability, statistical confidentiality and cost effectiveness;
Amendment 13 #
2010/2088(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Agrees that national and EU policies will be judged on whether they are successful in delivering progress in achieving social, economic and environmental goals and improving the well-being of Europeans and stresses that the new indicators should monitor how these goals included in the EU 2020 strategy and corresponding national strategies are being achieved;
Amendment 15 #
2010/2088(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. The committee bBelieves that GDP suffers from many shortcomings - for example, it does not record unemployment, underemployment, inequalities or environmental disasters - particularly bearing in mind the development model followed as a dogma by our economies, aimed first and foremost at maximum profit. The use and management of the statistical indicators for an economy reflect the type of economic development followed by each society. In the dominant development model applied until now, the quality of life, well-being of citizens and environmental changes play a secondary role.increases when resources are invested in countering negative developments like increase in social problems, damages to the environment or deteriorating health. It does not measure income that goes to people and it does not take into account for example commuting to areas where GDP is created– and thus it should be complemented by other indicators;
Amendment 22 #
2010/2088(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that when people are considering their quality of life they appreciate for example safe social environments where it is easy to find comfortable housing and jobs, which are good places to raise children, where for example integration of foreigners is taken good care of, where social services are provided and one may enjoy nature within reachable distances, and regrets that it is hard to get comparable data on these issues;
Amendment 30 #
2010/2088(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. In principle it is a positive step that the Commission is putting forwarWelcomes the suggested five actions to better measure progress in a changing world, i.e. 1. Complementing GDP with environmental and social indicators, 2. Near real-time information for decision- making, 3. More accurate reporting on distribution and inequalities, 4. Developing a European sustainable development scoreboard, and 5. Extending national accounts to environmental and social issues., and stresses the great benefits when these indicators are developed in close international cooperation;
Amendment 30 #
2010/2088(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the need to base the indicators on statistical information which is relevant, timely, accurate, accessible, comparable and coherent in all Member States;
Amendment 36 #
2010/2088(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to measure quality of life in societies and notes that such measurement will require metrics from at least the following categories: health, education, employment, family, criminality, connectedness, political engagement, material wellbeing, mental wellbeing and environment;
Amendment 38 #
2010/2088(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. The committee nevertheless believes that challenging GDP's monopoly as aNotes that much of the statisticals indicator guiding economic policies requires radical changes to the system for planning and i the Member States is too old and lags behind more than three years, and that as GDP is complementinged by economic and, social policies, in addition to the above actions, so as to take account of both environmental and social parameters.and environmental indicators, they should be more timely;
Amendment 44 #
2010/2088(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses the need to attain long time series of data and indicators so that they can be used for projecting future developments and thus policies to meet future challenges may be formed;
Amendment 48 #
2010/2088(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Stresses the need for a set of indicators gauging non-fiscal external and internal macroeconomic developments which, under certain circumstances, can have a bearing on public finances, and notes that such a set of indicators could include the current account balance, net foreign asset positions, productivity and unit labour costs, the real effective exchange rate, private sector credit and asset prices;
Amendment 50 #
2010/2088(INI)
Draft opinion
Paragraph 4 i (new)
Paragraph 4 i (new)
4i. Recommends that various data bases of public authorities are better used and combined in order to cross-check the indicators and the quality of data, but in a such way that confidentiality of information is kept and good care is taken of personal data protection issues;
Amendment 52 #
2010/2088(INI)
Draft opinion
Paragraph 4 k (new)
Paragraph 4 k (new)
4k. Notes that there is a need to provide free information sources that are easily available to all citizens so that the actual contents of different indicators, how they have been reached, their interconnections and what they actually measure, can be made understandable and their development over time can be followed;
Amendment 48 #
2010/2078(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 64 #
2010/2078(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Warns that these austerity packages should not lead to measures which could seriously dampen the economic recovery;
Amendment 68 #
2010/2074(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Committee to organise a second consultative round together with another round of quantitative impact studies once the proposals will have taken more concrete and comprehensive content;
Amendment 75 #
2010/2074(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that the implementation timetable must be long enough to reflect the overall impact of the revised standards on the industry and its capacity for lending to the real economy without exincluding the possibility of grandfathering, phasing in orand, if necessary, calendar revision to ensure a smooth transition to the new standards;
Amendment 214 #
2010/2074(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is, however, concerned that a crude LR may penalise entities providing traditional low-risk banking services (such as corporate and real-estate financing) or economies where the corporate sector is financed predominantly through lending, therefore proposes a solution where the leverage ratio is part of the Pillar 2 framework;
Amendment 238 #
2010/2074(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Notes that the possible negative interplay between different measures, especially with the proposed leverage ratio and liquidity rules, should be carefully considered and calls for a comprehensive impact analysis which examines the potential effects of the leverage ratio requirement on the financial institutions´ business models and on national financial sectors;
Amendment 250 #
2010/2074(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls for different capital treatment for an OTC transaction and a transaction through a central counterparty (CCP), provided that the CCP meets high-level requirements to be defined in European legislation while taking into account standards agreed at international level, with due regard for the potential costs for the corporate sector of using derivatives to hedge its commercial activities, and calls for rigorous quantitative impact studies before amending the current quantitative requirements for counterparty credit risks;
Amendment 105 #
2010/2052(INI)
Motion for a resolution
Paragraph 16 – indent 8 a (new)
Paragraph 16 – indent 8 a (new)
- restrict TV and radio alcohol advertising before the watershed (before 9 p.m.);
Amendment 110 #
2010/2052(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to conduct a detailed analysis of the impact of misleading and aggressive advertising on vulnerable consumers, in particulardvertising, particularly regarding the use of image in alcohol advertising (lifestyle, appeals to the emotions), and its potential influence on childrenhood and adolescentsteenage alcohol consumption;
Amendment 68 #
2010/2050(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there has been a remarkable deepening of relations between Iran and Turkey, and whereas Iran is using its state and non-state allies Syria, Hezbollah and Hamas, and also the Muslim Brotherhood, to destabilise the region,
Amendment 171 #
2010/2050(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 177 #
2010/2050(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Deplores the fact that, in contradiction with the UN Basic Principles on the Role of Lawyers, the situation of lawyers in Iran has weakened considerably after the presidential election of June 2009, as the Iranian authorities are resorting to oppressive methods (e.g. arrests, disbarments, violation of freedom of expression, unwarranted tax investigations and other financial pressure) to prevent lawyers from practicing their profession freely;
Amendment 186 #
2010/2050(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Deplores the fact that the Iranian regime is exerting constant pressure on Iraq to suppress the People´s Mojahedin Organization of Iran (PMOI) as an important and serious opposition to the regime and that its members in Camp Ashraf have been placed under siege by Iraqi government forces, and that people have been killed and wounded after the U.S. army left the area;
Amendment 279 #
2010/2050(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses its concerns on the remarkable deepening of relations between Iran and EU accession candidate Turkey; asks the Council and the Commission to discuss the Turkish attitude towards Iran with their counterparts in Ankara; calls on the Turkish authorities to follow the European approach towards the Iranian nuclear threat; calls on the EU institutions to do their utmost to sever the lines between Teheran and Syria, Hezbollah and, Hamas and the Muslim Brotherhood;
Amendment 2 #
2010/2038(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Commission communication voices concerns about the adverse impact on growth potential and government deficits of population ageing and the long-term trend towards rising welfare spending as a proportion of GDP, and the effect of ageing on the sustainability gap is calculated in most Member States to be five to twenty times higher than the effects of the current economic crisis,
Amendment 17 #
2010/2038(INI)
Motion for a resolution
Recital E
Recital E
Amendment 23 #
2010/2038(INI)
Motion for a resolution
Recital F
Recital F
F. whereas it agrees with the Commission states that ‘there is no one clear-cut definition of a sustainable fiscal position’, but nevertheless attempts to suggest a criterion for sustainabilityit is advisable to follow the Sustainability and Growth Pact so that Member States systematically pursue a debt level of maximum 60% of GDP,
Amendment 27 #
2010/2038(INI)
Motion for a resolution
Recital G
Recital G
Amendment 31 #
2010/2038(INI)
Motion for a resolution
Recital H
Recital H
H. whereas those economies that account for the largest proportion of the EU’s GDP are in fact beset by excess saving, and whereas the threat of deflation is consequently still present in the European Union, many of the Member States already had serious sustainability gaps in their public finances before the current economic crisis and it is even more important now for a sustainable recovery process to build confidence in the economic future of the European Union and to have solid policies to fill the sustainability gaps in all Member States,
Amendment 36 #
2010/2038(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas there are various means to reduce the sustainability gap, like increasing general productivity, most importantly increasing productivity of the welfare services, raising retirement age, increasing birth rate or increasing amounts of immigrants,
Amendment 37 #
2010/2038(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas a Member State should also use other means to fill the long-term sustainability gap of its public finances, but it would show great determination and solidarity among the Member States, if they all would have the same pace in reducing the sustainability gap in relation to GDP and according to various calculations this pace could be 0.8 - 1.2 percentage units of GDP yearly,
Amendment 63 #
2010/2038(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to the undesirable effects – in terms of deterioof either prematurely withdratwing employment, human capital and purchasing power – of prematurely withdrawing support measursupport measures or waiting too long before taking corrective measures on the sustainability of public finances;
Amendment 74 #
2010/2038(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that, in a context of chronic under-utilisation of production capacity, structural measura necessity to reach sound public finances, all Member States wshould have little impact if nothing were done to support demand, since firms, whose capital resources are under-utilised, would have little reason to investstart latest in 2011 to reduce their sustainability gap by 1 % of GDP yearly;
Amendment 76 #
2010/2038(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 82 #
2010/2038(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 107 #
2010/2038(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that the role of social protection systems as ‘social safety nets’ has proven particularly effective in times of crisis, and that such systems can be maintained by, inter alia, broadening their financing base adjusting them to sustainable levels and increasing productivity in the social sector;
Amendment 110 #
2010/2038(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that the long-term balance of compulsory pension schemes depends not only on population trends, but also on the productivity of assets (which affects the potential growth rate) and the proportion of GDP allocated to the financing of such schemeaverage retirement age, an increase of which may significantly contribute to reducing long-term sustainability gaps;
Amendment 116 #
2010/2038(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes the view that interest rates for government borrowing are the main criterion for assessing short-termflect how markets value the debt sustainability of a Member State;
Amendment 119 #
2010/2038(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that the markets and credit- rating agencies may under- or overestimate the risks of holding government securities, just as they underestimated the risks of acquiring private securities before the financial crisis;
Amendment 124 #
2010/2038(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Asks the Commission to carry out studies that will afford a basis for assessing the quality of the Member States’ debts – which determines interest rates on government borrowing – in order to improve the information available to credit-rating agencies;
Amendment 136 #
2010/2038(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Suggests that the term ‘excessive deficit’ be used where spending or poorly calibrated tax incentives increase the debt by depriving the government of significant resources without producing the effect on growth and tax revenue forecast in the budget legislationMember States use their public finances optimally to enhance economic recovery;
Amendment 138 #
2010/2038(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. RecallNotes that the Stability and Growth Pact was revised in 2005 in order to allow the de facto adoption of the principlstill forms the backbone of discipline in order to achieve long-term sustainability of public finances uanderpinning a counter-cyclical macroeconomic policy, which have come into their own in the face of the crisis that the Member States should run surpluses on their public finances in "good times" and deficits only in "bad times";
Amendment 148 #
2010/2038(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Commission to ensure that any recommendations on deficit reduction are compatible with this principle of counter-cyclical management of public financethe Member States agree on building credibility in the long-term sustainability of their public finances and commit themselves to a consorted effort in order to rapidly reduce sustainability gaps;
Amendment 151 #
2010/2038(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the structural deficit to be used as an indicator for determining the long-term sustainability of public financeCommission to monitor and evaluate on a continuous basis the advances made by the Member States in reducing their sustainability gaps;
Amendment 154 #
2010/2038(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 158 #
2010/2038(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for the Commission to consider the reduction of long-term sustainability gaps of public finances as an essential part of the EU 2020 strategy;
Amendment 159 #
2010/2038(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls for the Member States after filling their sustainability gaps to reduce their public debt to GDP ratio to maximum 60%;
Amendment 31 #
2010/2037(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the provision of increased opportunities for smaller firms by preventing internal audit services being carried out by the same company as the external audit; notes that areas of audit services which are deemed to incur a conflict of interest should be carried out by different companies, including evaluations of complex structured products;
Amendment 49 #
2010/2037(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes companies should conduct a compulsory open tendering process for statutory appointments of external auditors every eight years, on a renewable basis; notes that for SIFIs this should be reduced to every four years; notes that there should be mandatory rotation of key audit partners even if these partners change firms;
Amendment 3 #
2010/2027(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the impact of the global recession on public finances and the wider economy; in addition, considers that an ageing population coupled with a declining birth rate within Europe represents a fundamental demographic change which will require reform of the welfare and fiscal systems of Europe, pension and fiscal systems of Europe, since whilst we need to provide good care for the older generation in solidarity with them, we must manage this without amassing a debt burden or other major problems for younger generations;
Amendment 7 #
2010/2027(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that in recent years various ways of intergenerational accounting, projecting the development of public debt in the next decades and the implicit costs to future generations have been used which highlight sustainability gap indicators, for example the required primary balance, which represents the structural budget balance needed to ensure the sustainability of public finances;
Amendment 8 #
2010/2027(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to provide continuous intergenerational accounting including estimates on future debt burdens and sustainability gaps in public finances of the Member States and to make the results publicly available in a way that is easily accessible and understandable;
Amendment 9 #
2010/2027(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that the current debt projections are alarming and will pile up huge debt burdens on future generations and therefore calls on the Member States to cut their structural primary deficits and move towards a sustainable debt ratio;
Amendment 10 #
2010/2027(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Recommends that the Member States put forward measures to increase general productivity and especially productivity in the provision of welfare services, including health services and care for the elderly;
Amendment 11 #
2010/2027(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Notes that if all the increased years of lifetime would be healthy instead of sick, the sustainability gap of public finances would according to some calculations be 1,5% of GDP smaller and hence it is of upmost importance to prevent health problems and to treat them at an earlier stage;
Amendment 14 #
2010/2027(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. StresRecommends the creation of funds in order to cover statutory pensions which should be the basis of pensions systems but recognises the need to encourage private pension provision and furthermore to ensure that on average public sector pensions are no more generous, both in terms of contributions and benefits, than those of the taxpayers who ultimately pay for them; notes that private sector pension funds will play an important role in diminishing the future burden of providing statecomparable private sector pensions;
Amendment 23 #
2010/2027(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages Member States to support families within their tax and benefits systems; and to provide services to families with small children as well as proper prenatal services;
Amendment 27 #
2010/2027(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages Member States to remove all disincentives, particularly in relation to tax and pensions, for older people to continue working beyond retirement age, and encourages effective support mechanisms and incentives, since the impact of ageing depends on how much the ageing population will make itself available as a work force, the employment rate and the average amount of working hours.
Amendment 67 #
2010/2027(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Member States to take measures to recognise the invisible and informal work in the field of intergenerational solidarity carried out by family members (predominantly women) of all ages to care for older and younger members needing care at a legal, social and economic level (particularly as regards social security, professional status, earnings and equal opportunities for men and women) as outlined in the Report adopted by the Committee on Women’s Rights and Gender Equality on 8 December 2008;
Amendment 105 #
2010/2027(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that youth unemployment is one of our most pressing problems because it leads to denial of opportunities, exclusion, rising social costs and a waste of valuable human resources and emphasises the need to reduce the time gaps which arise when young people move from one institution of education to another or before they are employed after graduation;
Amendment 164 #
2010/2027(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to conduct a review of activities related to healthy ageing and to present an action plan in 2011 for enhancing older people's dignity, health and quality of life, and emphasises prevention of health problems and calls the Member States to support healthy lifestyles and take appropriate measures to reduce smoking, alcohol misuse, obesity and other major health risks;
Amendment 202 #
2010/2027(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Notes that whilst we need to provide good care for the older generation in solidarity with them, we must manage this without amassing a debt burden or other major problems for younger generations through structural deficits, therefore reminds that there are various ways to reduce structural deficits, for example increasing productivity in general but especially in the provision of welfare services, or increasing the average number of years in employment, increasing immigration or raising birth rate;
Amendment 30 #
2010/2017(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned about the tendency of the labour market to make men and women submit to ever-increasing demands in order to improve performance, including in the wrong way in the sense that it results in excessive overtime, stress and work fatigue, which runs counter to the Union’s goal of achieving a competition-driven social economy geared to human needs as reflected in social relations;
Amendment 118 #
2010/2017(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Urges Member States to seek solutions which are as family-oriented as possible rather than centralised institutional solutions if a child or young person has to be taken into care and placed outside the family;
Amendment 11 #
2010/2016(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for an analysis of economic, social and environmental impacts to be included in all IAs; considers that where there are no such impacts this should be explicitly stated in the IA;
Amendment 3 #
2010/2010(INI)
Motion for a resolution
Citation 17
Citation 17
Amendment 4 #
2010/2010(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to Ruhr Economic Papers 156 "Economic impacts from the Promotion of Renewable Energy Technologies, The German Experience",
Amendment 5 #
2010/2010(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
– having regard to CEPOS publication "Wind Energy, the case of Denmark",
Amendment 6 #
2010/2010(INI)
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
– having regard to the Universidad Rey Juan Carlos publication "Study of the effects on employment of public aid to renewable energy sources",
Amendment 9 #
2010/2010(INI)
Motion for a resolution
Recital C
Recital C
C. whereas industrialised countries should according to the IPCC reduce their carbon dioxide emissions by 80-90% of the 1990 level by 2050,
Amendment 11 #
2010/2010(INI)
Motion for a resolution
Recital E
Recital E
E. whereas this change stabilises employment and, in some sectors, greatly increases the number of jobs, with considerable spill-over eff, where long-term public subsidies and other framework conditions have been introduced, a rise in jobs in the subsidised economic activities has been noted with some increase in exports of the products of the subsidised sectors; whereas, w there reliable framework conditions have been created, a constant rise in jobs can be noted, which is stabilised by increasing exportsis a need to study scientifically whether the subsidies have been optimal in increasing net employment or sustainability of the economy as a whole,
Amendment 16 #
2010/2010(INI)
Motion for a resolution
Recital F
Recital F
F. whereas new sectors are often not integrated in social dialogue structures; whereas no collective, such as involving production of wind energy, solar energy or energy from biomass or recirculation of materials or increasing energy efficiency, agreements or sector-specific codes exist in some Member States not integrated in social dialogue structures; whereas the newall sectors are subject to great pressure to produce and competeincrease their competitiveness; whereas, in regions with high unemployment, the pressure to accept badpoor working conditions is high,
Amendment 18 #
2010/2010(INI)
Motion for a resolution
Recital G
Recital G
G. whereas gender equality is an objective of the Lisbon Treaty; whereas women are in some Member States underrepresented in, for example, the construction industry and research, for example, and can therefore not profit from the increase in jobs in the green economyse sectors to the same extent as men can,
Amendment 22 #
2010/2010(INI)
Motion for a resolution
Title before paragraph 1
Title before paragraph 1
Amendment 23 #
2010/2010(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that investments in ecological change bear grthere is a need to make production of goods and services more sustainable and that investments therein beatr potential for growth in the employment market and new income opportunities; notes that the positive balance takes lossesmay create new in scome sectors into account which are more than compensated by growth in other areaopportunities;
Amendment 28 #
2010/2010(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Supports the Commission's flagship initiative under the Europe 2020 strategy to make the change towards a sustainable economy now, to decouple economic growth from consumption of resources and energy, to reduce climate-damaging emissions and thus to act against global warming; welcomes the intention to align legal framework conditions, market economy incentive instruments, subsidies and public procurement with that objective; regrets that, in the strategy, the Commission omitted to address employment market potential and the challenges of change;
Amendment 30 #
2010/2010(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that most new green jobs are concentrated in certain sectors such as construction,there is potential to increase sustainability of production in all areas of production of goods and services; notes that in order to reach the 2020 goals there is a need to increase the energy efficiency of housing, the share of renewable energies, environment-friendly technologies, sustainable mobility (of transport (by bicycle, freight and passenger rail transport), recycling, cars which run on other than fossil fuels), recycling, low-resource production processes and closed-loop material cycles, sustainableility in agriculture, forestry and fishery and advice through environmental services; notes that the service sector also bears considerable green employment potential;
Amendment 37 #
2010/2010(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the adoption of the ILO's definition, according to which all jobs which promote sustainable development are greensustainable jobs; points out that the definition includes, firstly, jobs which directly reduce consumption of energy and resources, protect ecosystems and biodiversity and minimise waste production and air pollution and, secondly, all jobs which reduce the environmental footprint; recognises that, owing to the relative nature of the definition, the job potential cannot be definitively determined;
Amendment 38 #
2010/2010(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that all jobs are committed to the objective of promoting sustainable development and that production and working methods should be organised so as to be as resource, material and energy efficient as possible; stresses that this approach should apply to the entire supply chain and that there is no sense in making a separation into good and bad industries, but all industries can be made more sustainable;
Amendment 43 #
2010/2010(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the development of a European job strategy for a sustainable economy, aiming at optimising job potential whilst paying special attention to decent work, skills needs and a socially just transitionmore investment in research and development on how to make different production more sustainable; stresses that a sustainable economyility has to combines social, technological, economic and ecological objectivessustainability;
Amendment 47 #
2010/2010(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission, the Member States and the social partners to ensure that everyone across the EU benefits from a sustainable jobs strategy; calls for attention to be focused on people furthest from the labour market,Stresses the need to pay special attention to decent work, skills needs and a socially just transition involved in moving towards more sustainable ways of production; calls to increase education and research and development opportunities and calls for the most vulnerable and low-skilled workers to be taken into account;
Amendment 48 #
2010/2010(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and Member States to determinesearch for environmental standards and financial incentives creating reliable framework conditions for at least 10 years, and thereby creating legal and planning certainty; demands that existing financial instruments should be used and that sustainable economic activity should be inserted into the financial perspective and the structural fund as a promoted objewhich help in moving towards more sustainable ways of productiveon;
Amendment 51 #
2010/2010(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the EU and the Member States to anticipate change, i.e. to overcome information failures and uncertainties and foster awareness, social learning processes and changes in consumption patterns; states that companies are more likely to invest in clean technologies only if there is some security about future benefits and that workers are more willing to face change if there is a prospect of future employment and a safety net;
Amendment 52 #
2010/2010(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recommends that if a Member State decides to subsidise, for example, the increase of wind, bio- or solar energy production that the level of subsidies is based on scientific evaluation of empirical data and that the subsidies provide reasonable investment perspectives and security to possible investors, and calls to carefully consider factors like the increase of net jobs created through subsidies, price of energy, net influence on emissions of green house gases and other pollutants, and thus to aim to optimise the increase of sustainability;
Amendment 53 #
2010/2010(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Notes that there is no uniform understanding which technological choices are environmentally, economically or socially most sustainable in the global competitive situation; notes that many variables have to be taken into account when comparing, for example, the sustainability of the production of energy using windmills, solar PV-panels, burning coal with carbon capture and storage, nuclear reactors or some other technologies; therefore calls for more scientific study on the subject comparing whole life-cycles of production and calls to make all production processes more resource-efficient;
Amendment 59 #
2010/2010(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the EU, the Member States and the social partners to fight discrimination and, to promote gender equality in a sustainable economy, create work environments that attract and retain women in these sectors,and to reduce gender- based job segmentation and wage gaps and establish a quota for women on company boards of 40%to make all economic activities more socially sustainable;
Amendment 62 #
2010/2010(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Demands that existing and new financial instruments should be used to make different economic activities more sustainable and that increasing sustainability of economic activity should be inserted into the financial perspective of various funds and the structural funds as a promoted objective;
Amendment 64 #
Amendment 68 #
2010/2010(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the Commission overestimates there is a job potential for highly qualified employees in the sustainable economy, and thus loses sight of the many jobs in the middle and lower qualification bandmaking the economy more sustainable, as well as for less unskilled, but specialized workers; calls on the Member States to enhance the status of jobs in the middle and lower training bands and to ensure good working conditions in those jobs;
Amendment 72 #
2010/2010(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that, owing to the low level of organisation of employees and of employers in newsome sectors in some Members States, the risk of precarious employment relationships and badpoor working conditions is great; calls on the EU and Member States to create framework conditions for establishing representative bodies in new sectors;cannot be ruled out, and therefore calls the social partners to organise themselves and invites the Commission to promote EU- wide exchange of best practice examples;
Amendment 77 #
2010/2010(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 82 #
2010/2010(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the EU and Member States to link public aid for new production sectorsubsidies to minimum social standards and to advance the creation of representative bodies, such as works councils and trade associations, in future of the social partners;
Amendment 84 #
2010/2010(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU to develop a framework for anticipating change and restructuring of production, providing the guaranteed right for all affected workers to take part in training and lifelong learning schemes; calls on the Member States, employers and employees to recognise skills management, training and lifelong learning as a shared responsibility, as acknowledged in the social partners' 2002 framework agreement on lifelong learning;
Amendment 88 #
2010/2010(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that the Member States must adapt their training and education systems to ensure that the workforce can adjust their skills to the labour-market needs of a more sustainable economy founded on competence-based training concepts;
Amendment 98 #
2010/2010(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States and social partners to establish quotas, targetedprovide equal opportunities for both men and women to education, training, recruitment schemes, specialise and apprenticeships and training initiatives for womewithout discrimination;
Amendment 101 #
2010/2010(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recommends that the objectives of the Globalisation Adjustment Fund be redirected towards promoting a sustainable economyn increased sustainability of economic activities;
Amendment 102 #
2010/2010(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 106 #
2010/2010(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU and the Member States to make promotion of adaptability to a sustainable economyincreasing sustainability of economic activities one of the objectives of the European Social Fund;
Amendment 112 #
2010/2010(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that the sustainable dimension should not be restricted to training in environment-related jobs, but needs to be incorporated into all training programmes and made a prerequisite for funding;
Amendment 115 #
2010/2010(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. CallNotes that increasing sustainability of economic activities may involve changes in whole industrial sectors, like coal power plants if for example carbon capture and storage technologies prove to be unsuitable for widespread use; calls on the EU and the Member States to create framework conditions for a socially fair transformation which minimises the negative risks of change and optimises gains for all employees;
Amendment 120 #
2010/2010(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that the consequential costs of a lack of transformation management armay be many times higher than anticipatory investments; calls on the Commission, the Member States and the social partners to confront the responsibilities of preventive transformation management together;
Amendment 122 #
2010/2010(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the promotion of and support for collective agreements to anticipate change and avoid layoffs and redundanciesunemployment, together with the strengthening of social security, income support systems and proactive sectoral training initiatives, are crucial prevention measures;
Amendment 130 #
2010/2010(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises that, in order for transition to be socially just, workers mustshould have a participative partnership role to play in the process; calls for the involvement of trade union "green representatives" in companies, who wouldall social partners to actively participate in "greenmaking" their workplaces, companies and industries more sustainable;
Amendment 133 #
2010/2010(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Member States and the social partners to cooperate in a structured manner with environmental stakeholders and experts, including NGOs, in managing transition; towards more sustainable ways of production;
Amendment 228 #
2010/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that for trading commodities and agricultural products, but also greenhouse gas emission allowances, it must be ensured that that market operates transparently in order to stem speculationappropriately transparently and that speculative activities do not undermine market integrity;
Amendment 22 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 883/2004
Article 65 – paragraph 5
Article 65 – paragraph 5
Amendment 24 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Regulation (EC) No 883/2004
Article 65 a (new)
Article 65 a (new)
The following Article is inserted after Article 65: "Special provisions for wholly unemployed self-employed frontier workers where no unemployment benefits system covering self-employed persons exists in the Member State of residence. 1. By way of derogation from Article 65, a wholly unemployed person who as a frontier worker most recently completed periods of insurance as a self-employed person or periods of self-employment recognised for the purposes of granting unemployment benefits and whose Member State of residence has submitted notification that no possibility exists for any category of self-employed persons to be covered by the unemployment benefits system in that Member State, shall register with and make himself/herself available to the employment services in the Member State in which he/she pursued his/her last activity as a self- employed person and continuously adhere to the conditions laid down under the legislation of the latter Member State when he/she applies for benefits. The wholly unemployed person may, as a supplementary step, make himself/herself available to the employment services of the Member State of residence. 2. Benefits shall be provided to the unemployed person referred to in paragraph 1 by the Member State to whose legislation he/she was last subject in accordance with the legislation that that Member State applies. 3. If the person referred to in paragraph 1 does not wish to become or remain available to the employment services of the Member State of last activity after having been registered there, and wishes to seek work in the Member State of residence, the provisions of Article 64 shall apply mutatis mutandis, except for Article 64(1)(a). The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits."
Amendment 129 #
2010/0281(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) When assessing imbalances, account should be taken of their severity, of the degree to which they may be considered unsustainable and of the potential negative economic and financial spillovers to other Member States. Current account surpluses or budget surpluses shall not be regarded as macroeconomic imbalances. The economic adjustment capacity and the track record of the Member State concerned as regards compliance with earlier recommendations issued under this Regulation and other recommendations issued under Article 121 of the Treaty as part of multilateral surveillance, in particular the broad guidelines for the economic policies of the Member States and of the Union, should also be considered.
Amendment 193 #
2010/0281(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall, after consultation with Member States and the European Systemic Risk Board, establish an indicative scoreboard as a tool to facilitate early identification and monitoring of imbalances.
Amendment 211 #
2010/0281(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for Member States. The Commission shall ensure that there are not too many indicators, but that they also cover the impact of demographic change and the associated implicit liability affecting public budgets. The Commission may set indicative lower or upper thresholds for these indicators to serve as alert levels. The thresholds applicable to Member States whose currency is the euro may be different from those applicable to the other Member States.
Amendment 277 #
2010/0281(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Taking account of the discussions in the Council and the Euro Group, as provided for in Article 4(4), and the views of the European Systemic Risk Board, the Commission shall prepare an in-depth review for each Member State it considers affected by, or at risk of, imbalances. This assessment shall include an evaluation of whether the Member State in question is affected by imbalances, and of whether these imbalances constitute excessive imbalances.
Amendment 321 #
2010/0281(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Council, on a recommendation from the Commission, may adopt recommendations in accordance with Article 121(4) of the Treaty declaring the existence of an excessive imbalance and recommending the Member State concerned to take corrective action. Those recommendations shall set out the nature of the imbalances and specify the recommended corrective action to be taken in detail and the deadline within which it is recommended that the Member State concerned mustshould take such corrective action. The Council may, as provided for in Article 121(4) of the Treaty, make its recommendations public.
Amendment 331 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 6
Article 5 – paragraph 1 – subparagraph 6
When defining the adjustment path to the medium-term budgetary objective for Member States that have not yet reached this objective and in allowing a temporary deviation from this objective for Member States that have already reached it, under the condition that an appropriate safety margin with respect to the deficit reference value is preserved and that the budgetary position is expected to return to the medium-term budgetary objective within the programme period, the Council shall take into account the implementation of major structural reforms which have direct long-term cost-saving effects, including by raising potential growth, and therefore a verifiable impact on the long-term sustainability of public finances, by reducing the sustainability deficit of the public finances.
Amendment 345 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 7
Article 5 – paragraph 1 – subparagraph 7
Special attention shall be paid to pension reforms introducing a multi-pillar system that includes a mandatory, fully funded pillar. Member States implementing such reforms shall be allowed to deviate from the adjustment path to their medium-term budgetary objective or from the objective itself, with the deviation reflecting the net cost of the reform to the publicly managed pillar, under the condition that the deviation remains temporoccurs only in one yeary and that an appropriate safety margin with respect to the deficit reference value is preserved.
Amendment 404 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 1466/97
Article 6 – paragraph 3
Article 6 – paragraph 3
3. In the event that the significant deviation from prudent fiscal policy making persists or is particularly serious, the Council, on a recommendation from the Commission, shall address a recommendation to the Member State concerned to take the necessary adjustment measures in such a way that the deviation is compensated for by a correspondingly large exceeding of the objectives in the following three years. The Council, on a proposal from the Commission, shall make the recommendation public.'
Amendment 492 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 6
Article 9 – paragraph 1 – subparagraph 6
When defining the adjustment path to the medium-term budgetary objective for Member States that have not yet reached this objective and in allowing a temporary deviation from this objective for Member States that have already reached it, under the condition that an appropriate safety margin with respect to the deficit reference value is preserved and that the budgetary position is expected to return to the medium-term budgetary objective within the programme period, the Council shall take into account the implementation of major structural reforms which have direct long-term cost-saving effects, including by raising potential growth, and therefore a verifiable impact on the long-term sustainability of public finances, by reducing the sustainability deficit of the public finances.
Amendment 497 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 7
Article 9 – paragraph 1 – subparagraph 7
Special attention shall be paid to pension reforms introducing a multi-pillar system that includes a mandatory, fully funded pillar. Member States implementing such reforms shall be allowed to deviate from the adjustment path to their medium-term budgetary objective or from the objective itself, with the deviation reflecting the net cost of the reform to the publicly managed pillar, under the condition that the deviation remains temporoccurs only in one yeary and that an appropriate safety margin with respect to the deficit reference value is preserved.’;
Amendment 547 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 1466/97
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In the event that the significant deviation from prudent fiscal policy making persists or is particularly serious, the Council, on a recommendation from the Commission, shall address a recommendation to the Member State concerned to take the necessary adjustment measures in such a way that the deviation is compensated for by a correspondingly large exceeding of the objectives in the following three years. The Council, on a proposal from the Commission, shall make the recommendation public.'
Amendment 92 #
2010/0279(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Enforcement of Regulation (EU) No […/…]4 should be strengthened by establishing fines for Member States whose currency is the euro in case of repetitive non-compliance with the recommendations to address excessivf they deliberately provide false macroeconomic imbalancesdata.
Amendment 99 #
2010/0279(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Macroeconomic imbalances are likely to generate undue fluctuations in public revenues and spending throughout the economic cycle, affecting headline figures and distorting the picture for fiscal planning and decision-making. Inappropriate fiscal policy choices based on distorted trends could weaken, and possibly compromise, the sustainability of public finances. If unchecked, fiscal and other macroeconomic imbalances have the potential to reinforce each other and possibly to jeopardise the proper functioning of economic and monetary union. For these reasons a system of correction of macroeconomic imbalances should contribute to the budgetary discipline of the Member States whose currency is the euro. Current account surpluses shall not be regarded as macroeconomic imbalances.
Amendment 106 #
2010/0279(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Repeated failure to comply with Council recommendations to address excessivIf a Member State repeatedly provides false macroeconomic imbalancesdata, it should, as a rule, be subject to a yearly fine, until the Council establishes that the Member State has taken corrective action to comply with its recommendations.
Amendment 112 #
2010/0279(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Moreover, repeated failure of the Member State to draw up a corrective action plan to address the Council recommendationscorrect the data it has supplied should be equally subject to a yearly fine as a rule, until the Council establishes that the Member State has provided a corrective action plan that sufficiently addresses its recommendations.
Amendment 128 #
2010/0279(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The procedure for the application of the fines on the Member States which fail to take effective measures to correct macroeconomic imbalancesthe data they have supplied should be construed in such a way that the application of the fine on those Member States would be the rule and not the exception.
Amendment 175 #
2010/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
A yearly fine shall be imposed by the Council, acting on a proposal by the Commission, if: a Member State deliberately supplies false macroeconomic data and if:
Amendment 126 #
2010/0278(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Sanctions for Member States whose currency is the euro in the preventive part of the Stability and Growth Pact should provide incentives for prudent fiscal policy-making. Such policy-making should ensure that the growth rate of government expenditure does not normally exceed a prudent medium-term growth rate of gross domestic product (GDP), unless the excess is matched by increases in government revenues or discretionary revenue reductions are compensated by reductions in expenditure. This should be regarded as a minimum requirement, as the government budget should have a substantial structural surplus in order to guarantee its long-term sustainability.
Amendment 98 #
2010/0277(NLE)
Recital 13
13. Member States should avoid pro- cyclical fiscal policies and fiscal consolidation efforts should be greater in good times. In view of the ageing of the population, consolidation measures adopted in good times should go substantially beyond what is needed to cover the losses anticipated in bad times. Well-specified numerical fiscal rules are conducive to these objectives.
Amendment 172 #
2010/0277(NLE)
Article 8 – paragraph 2 – point c a (new)
(ca) an opinion as to how the proposed measures will affect the long-term sustainability of the public finances.
Amendment 184 #
2010/0276(CNS)
Proposal for a regulation – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Regulation (EC) No 1467/97
Article 2 – paragraph 1a
Article 2 – paragraph 1a
1a. When it exceeds the reference value, the ratio of the government debt to gross domestic product (GDP) is to be considered sufficiently diminishing and approaching the reference value at a satisfactory pace in accordance with Article 126 (2) (b) of the Treaty if the differential with respect to the reference value has reduced over the previous three years at a rate of the order of one-twentieth per year, but no less than 0.5% of GDP. For a period of 3 years from [date of entering into force of this Regulation - to be inserted], account shall be taken of the backward-looking nature of this indicator in its application.
Amendment 195 #
2010/0276(CNS)
Proposal for a regulation – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Regulation (EC) No 1467/97
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission, when preparing a report under Article 126(3) of the Treaty shall take into account all relevant factors as indicated in that Article. The report shall appropriately reflect developments in the medium-term economic position (in particular potential growth, prevailing cyclical conditions, inflation, excessive macroeconomic imbalances) and developments in the medium-term budgetary position (in particular, fiscal consolidation efforts in ‘good times’, public investment, the implementation of policies in the context of the common growth strategy for the Union and the overall quality of public finances, in particular, compliance with Council Directive […] on requirements for budgetary frameworks of the Member States). The report shall also analyse developments in the medium-term debt position as relevant (in particular, it appropriately reflects risk factors including the maturity structure and currency denomination of the debt, stock-flow operations, accumulated reserves and other government assets; guarantees, notably linked to the financial sector; liabilities both explicit and implicit related to ageing and private debt to the extent that it may represent a contingent implicit liability for the government). The Commission shall give consideration to calculations of the long-term sustainability of the public finances and shall stress reducing the sustainability deficit. Furthermore, the Commission shall give due consideration to any other factors which, in the opinion of the Member State concerned, are relevant in order to comprehensively assess in qualitative terms the excess over the reference value and which the Member State has put forward to the Commission and to the Council. In that context, special consideration shall be given to financial contributions to fostering international solidarity and to achieving Union policy goals, including financial stability.
Amendment 240 #
2010/0250(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point b b (new)
Article 1 – paragraph 4 – point b b (new)
Amendment 315 #
2010/0250(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. There shall be no clearing obligation in the case of derivative contracts between subsidiary undertakings of the same parent company or between a parent company and a subsidiary undertaking. ‘Parent companies’ and ‘subsidiary companies’ for the purposes of this provision shall be companies thus defined under the relevant EU rules. Furthermore, there shall be no clearing obligation in case of derivatives contracts entered into between credit institutions affiliated to the same central body as defined under Article 3(1) of the Banking Directive 2006/48/EC (recast) or undertakings of the same financial group as defined in Article 80(7) of the Banking Directive 2006/48/EC (recast) or of the same institutional protection scheme as defined in Article 80(8) of the Banking Directive 2006/48/EC (recast). This derogation shall not affect the reporting obligation under Article 6 or the obligations in relation to risk mitigation techniques under Article 8.
Amendment 760 #
2010/0250(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A CCP shall keep records and accounts that shall enable it, at any time and without delay, to identifydistinguish and segregate the assets and positions of one clearing member from the assets and positions of any other clearing member and from its own assets.
Amendment 764 #
2010/0250(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. A CCP shall require each clearing member to distinguish and segregate in accounts with the CCP the assets and positions of that clearing member from those of its clients. A CCP shall allow clients to have a more detailed segregation of their assets and positions. The CCP shall publicly disclose the risks and costs associated with the different levels of (“omnibus segregation”).
Amendment 772 #
2010/0250(COD)
Proposal for a regulation
Article 37 – paragraph 2 a (new)
Article 37 – paragraph 2 a (new)
Amendment 773 #
2010/0250(COD)
Proposal for a regulation
Article 37 – paragraph 2 b (new)
Article 37 – paragraph 2 b (new)
2 b. For the purpose of this article ‘segregation’ shall mean the establishment of such legally effective arrangements including but not limited to accounting, record keeping, safe-keeping and deposit arrangements that ensure that collateral and positions of one person or, where relevant a group of persons, shall not be used to discharge the liabilities of or claims against any other person from whom it is intended that it is segregated, and shall not be available for any such purpose except when provided for under this Regulation or otherwise so agreed by the persons in writing. In case of full segregation according to paragraph 2a a clearing member shall ensure that collateral securing client’s positions is kept separately from the collateral belonging to other clients of the clearing member by means of differently titled accounts on the books of the CCP or the books of an independent third party which is not linked by control to the clearing member through whom the client maintains its positions.
Amendment 88 #
2010/0210(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to third- country nationals who are carrying out activities on behalf of undertakings established in another Member State in the framework of a provision of services within the meaning of Article 56 of the Treaty on the Functioning of the European Union, including those posted by undertakings established in a Member State in the framework of a provision of service in accordance with Directive 96/71/ECposted workers or temporary agency workers.
Amendment 95 #
2010/0210(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
Amendment 108 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Private employment agencies or migration agencies shall not charge job- seekers or workers any fees in exchange for organising seasonal work or migration for seasonal work.
Amendment 114 #
2010/0210(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) To ensure the proper enforcement of this Directive, and in particular the provisions regarding rights and working conditions, Member States should ensure that appropriate monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory.
Amendment 127 #
2010/0210(COD)
Proposal for a directive
Article 16 – introductory part
Article 16 – introductory part
Amendment 131 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 1
Article 16 – point 1
Amendment 136 #
2010/0210(COD)
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that are far above those necessary for usually ongoing operations; the Member States should be given a possibility to define the sectors to which the Directive is applied.
Amendment 144 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – introductory part
Article 16 – point 2 – introductory part
Amendment 149 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point a a (new)
Article 16 – point 2 – point a a (new)
(aa) working conditions, including pay and dismissal, as well as health and safety requirements at the work place;
Amendment 151 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point b
Article 16 – point 2 – point b
(b) without prejudice to Member States’ right to lay down criteria for entitlement to residence based benefits, provisions in national laws regarding the branches of social security as defined in Article 3 of Council Regulation (EC) No 883/2004;
Amendment 154 #
2010/0210(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) notwithstanding Article 16(2)(b), evidence of having or, if provided for by national law, having applied for sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or as a result of, the work contract;
Amendment 160 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point d
Article 16 – point 2 – point d
(d) access to goods and services and the supply of goods and services made available to the public, except public housing and counselling services afforded by employment services.
Amendment 176 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall provide that private employment agencies or migration agencies shall not charge job-seekers or workers any fees in exchange for organising seasonal work or migration for seasonal work.
Amendment 251 #
2010/0210(COD)
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) an employer who has not fulfilled the obligations arising out of the work contractbased on national labour law shall be subject to effective, proportionate and dissuasive sanctions. Such employers shall be excluded from applications for seasonal workers for one or more subsequent years. However, any exclusion shall be proportionate to the circumstances of the case.
Amendment 40 #
2010/0209(COD)
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, intra-corporate transferees encompass managers, specialists and graduate trainees with a higher education qualification and professional qualifications. Intra- corporate transferees are to be employed in highly qualified employment. Their definition builds on specific commitments of the Union under the General Agreement on Trade in Services (GATS) and bilateral trade agreements. Those commitments undertaken under the General Agreement on Trade in Services do not cover conditions of entry, stay and work. Therefore, this Directive complements and facilitates the application of those commitments. However, the scope of the intra-corporate transfers covered by this Directive is broader than that implied by trade commitments, as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement.
Amendment 45 #
2010/0209(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Intra-corporate transferees should benefit from the same working conditions as posted workers whose employer is established on the territory of the European Unterms and conditions of employment which ensure at least the same level of protection, as defined byprovided for in Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. That requirement is intended to protect workers and guarantee fair competition between undertakings established in a Member State and those established in a third country, as it ensures that the latter will not be able to benefit from lower labour standards to take any competitive advantage.
Amendment 55 #
2010/0209(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure that the skills of the intra-corporate transferee are specific to the host entity, Member States may require the transferee to have been employed within the same group of undertakings for at least 126 months prior to the transfer.
Amendment 61 #
2010/0209(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Member States may restrict equal treatment where the intra-corporate transferee is protected by being subject to the social security branches in the country of origin or by other means and where according to the legislation of the Member State, the person concerned may be exempt from the social security legislation of the host Member State. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra-corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
Amendment 75 #
2010/0209(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) third-country nationals carrying out activities as temporary agency workers.
Amendment 86 #
2010/0209(COD)
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national not resident within the territory of the Member States from an undertaking established outside the territory of a Member State and to which the third- country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory; This transfer is intended to cover similar situations as provided for in Article 1(3)(b) of Directive 96/71/EC.
Amendment 87 #
2010/0209(COD)
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘intra-corporate transferee’ means any third-country national not resident within the territory of the Member States who is subject to an intra- corporate transfer;
Amendment 92 #
2010/0209(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 98 #
2010/0209(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking account not only ofwho is transferred for highly qualified employment, possesses specific knowledge specificessential to the host entity, but also of whether the person has and having a high level of qualification referring to a type of work or trade requiring specific technical knowledge;
Amendment 98 #
2010/0209(COD)
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national not resident within the territory of the Member States from an undertaking established outside the territory of a Member State and to which the third- country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory; This transfer is intended to cover similar situations as provided for in Article 1(3)(b) of Directive 96/71/EC.
Amendment 102 #
2010/0209(COD)
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘intra-corporate transferee’ means any third-country national not resident within the territory of the Member States who is subject to an intra- corporate transfer;
Amendment 106 #
2010/0209(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 108 #
2010/0209(COD)
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in a paid contract in preparation for a managerial position within the company;
Amendment 110 #
2010/0209(COD)
Proposal for a directive
Article 3 – point g a (new)
Article 3 – point g a (new)
(ga ) ‘highly qualified employment’ means the employment that: – requires uncommon knowledge essential and specific to the host entity – is paid; and – guarantees appropriate working conditions.
Amendment 113 #
2010/0209(COD)
Proposal for a directive
Article 3 – point n
Article 3 – point n
Amendment 114 #
2010/0209(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking account not only ofwho is transferred for highly qualified employment, possesses specific knowledge specificessential to the host entity, but also of whether the person has and having a high level of qualification referring to a type of work or trade requiring specific technical knowledge;
Amendment 123 #
2010/0209(COD)
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in a paid contract in preparation for a managerial position within the company;
Amendment 130 #
2010/0209(COD)
Proposal for a directive
Article 3 – point g a (new)
Article 3 – point g a (new)
(ga) ‘highly qualified employment’ means the employment that – requires qualified knowledge essential and specific to the host entity – that is paid – guarantees appropriate working conditions
Amendment 133 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers’ and labour organisations at national level and which are applied throughout national territory., according to the rules and traditions of the Member States;
Amendment 145 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) provide evidence of employment within the same group of undertakings, for at least 126 months immediately preceding the date of the intra-corporate transfer, if required by national legislation, and that he or she will be able to transfer back to an entity belonging to that group of undertakings and established in a third country at the end of the assignment;
Amendment 154 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 1 – subparagraph 1
Article 14 – point 1 – subparagraph 1
the terms and conditions of employment applicable to posted workers in a similar situation, as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted pursuant to this Directive.which ensure at least the same level of protection as provided for in Directive 96/71/EC;
Amendment 157 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
(iii) the remunerationterms and conditions of employment granted during the transfer;
Amendment 160 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 1 – subparagraph 2
Article 14 – point 1 – subparagraph 2
Amendment 167 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) without prejudice to existing bilateral agreements and notwithstanding the provisions of Article 14(2)(e) in regard to sickness benefits, present evidence of having or, if provided for by national law, having applied for sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or as a result of, the work contract;
Amendment 171 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 2 – point c
Article 14 – point 2 – point c
(c) without prejudice to existing bilateral agreements, provisions in national law regarding the branches of social security defined in Article 3 of Regulation (EC) No 883/2004. In the event of mobility between Member States and without prejudice to existing bilateral agreements, Council Regulation (EC) No 859/200315 shall apply accordingly; Member State may restrict equal treatment with nationals under this paragraph where the intra-corporate transferee is protected by being subject to the social security branches in the country of origin or by other means and where, according to the legislation of the Member State, the person concerned may be exempt from the social security legislation of the host Member State;
Amendment 180 #
2010/0209(COD)
Proposal for a directive
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) access to goods and services and the supply of goods and services made available to the public, except public housing and counselling services afforded bypublic employment services.
Amendment 181 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers‘ and labour organisations at national level and which are applied throughout national territory., according to the rules and traditions of the Member States;
Amendment 236 #
2010/0209(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by the first Member State, if the conditions for family reunification are fulfilled, at the latest within two month30 days from the date on which the application was lodged.
Amendment 241 #
2010/0209(COD)
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. The family members of an intra- corporate transferee who have the right of residence in a Member State shall be entitled to take up employment or self- employment there.
Amendment 4 #
2010/0179(CNS)
Proposal for a directive – amending act
Recital 4
Recital 4
(4) Pending the outcome of consultations on a new VAT strategy which is expected to address future arrangements and corresponding levels of harmonisation, it would be premature to set a permanent standard rate level or to consider changing the minimum rate level. The new VAT strategy should aim at reducing administrative burdens, removing tax obstacles and improving the business environment, particularly for small and medium-sized and labour-intensive enterprises, whilst ensuring the robustness of the system against fraud.
Amendment 92 #
2010/0044(COD)
Proposal for a decision
Article 7 – point 1 – indent 2
Article 7 – point 1 – indent 2
– and/or the place and role of a site in European history and European integration, and its links with key European events or personalities, as well as with cultural, artistic, religious, political, social, scientific, technological or industrial movements;
Amendment 106 #
2010/0044(COD)
Proposal for a decision
Article 7 – point 2 – indent 6
Article 7 – point 2 – indent 6
– the organisation of artistic and cultural activities (for example events, festivals, residencies) which foster the mobility of European cultural agents, artists and collections, stimulate intercultural dialogue and encourage linkage between heritage and contemporary creation and creativity are welcomed whenever the specificity of the site allows it.
Amendment 86 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) Measures to render operations more effective should not result in supranational administration of resources earmarked for Member States’ border security, nor should they call into question the unambiguous responsibility of Member States for surveillance of the external borders and for the quality and quantity of the resources to be used to maintain border security. Responsibility for managing border security operations should also invariably rest with the Member-State authority in whose area the operations are carried out at any given time.
Amendment 29 #
2009/2237(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the enormous difference in numbers and economic power between farmers and retailers is a clear indication of an imbalanced food supply chain. Whereas in order to balance out the numbers it is necessary to promote the development of economic organisations of farmers. Whereas cooperatives play a central role by increasing their influence and negotiating power,
Amendment 30 #
2009/2237(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas resorting only to legislation is not the solution to the problems in the food chain. Whereas the route to follow should be based on a regulatory framework that would enable the operation of voluntary self-regulatory agreements,
Amendment 104 #
2009/2237(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to submit a legislative proposal on better implementation of competition rules in the food chain so as to effectively limit the development of dominant market positions and strengthen farmers" bargaining power through efficient producer and economic organisations and SMEs;
Amendment 110 #
2009/2237(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that it will also be necessary to coordinate and harmonise at EU level the approach and actions of the national competition authorities, in particular when addressing abusive commercial practices and cooperative mergers;
Amendment 115 #
2009/2237(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that a “food Trading Ombudsman” that adjudicates on disputes, similar to initiatives at Member State level, should be implemented at European level. The enforcement of contracts or any other voluntary agreements in case of disputes is of particular relevance and in this respect the European Ombudsman again is of paramount importance;
Amendment 143 #
2009/2237(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 169 #
2009/2237(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Council to further encourage self-regulation initiatives so as to strengthen farmers" bargaining positions, especially through support to economic and producer organisations;
Amendment 583 #
2009/2236(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
Amendment 624 #
2009/2236(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Considers that there should be no return to coupled payments as a guiding principle of the CAP; however, given the move from a historical to an area support model, takes the view that a limited margin for flexibility should be left to Member States to respond to the specific needs of their territory, in the form of capped coupled payments for vulnerable grassland livestock areas, in compliance with WTO requirements;
Amendment 741 #
2009/2236(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Believes that to underpin the five key building blocks of the CAP, a minimum safety net against extreme price volatility should still be available as a rapid reaction crisis tool; to that end, considers that a special reserve budget line should be made available in the EU budget which could be activated rapidly to respond to crises which arise, and that new innovative financial tools should also be considered such as risk insurance schemes and futures markets to help reduce market volatility;
Amendment 113 #
2009/2222(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 13 #
2009/2214(INI)
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
– having regard to the upcoming NATO's new Strategic Concept, which will be approved by Heads of State and Government at the Lisbon Summit in November 2010, and its implications vis- à-vis the security prospects in the Arctic region, particularly the military aspects of the High North,
Amendment 17 #
2009/2214(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Iceland's applicatccession to join the EU willould increase the need for the EU to take account of the Arctic region in its geopolitical perspectivestrategic opportunity for the EU to play a more active and comprehensive role in the Arctic region,
Amendment 20 #
2009/2214(INI)
Motion for a resolution
Recital C
Recital C
C. whereas there has been a longstanding engagement of the EU in the Arctic by way of its involvement in the Northern Dimension Policy with Russia, including its Arctic Window, in the Barents cooperation and particularly in the Barents- Euro-Arctic-Council, the implications of the strategic partnerships with Canada, the United States and Russia and its participation as an active ad hoc observer in the AC; whereas the Northern Dimension is the only financial instrument in the EU to fund the Arctic region,
Amendment 28 #
2009/2214(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the growing interest in the Arctic region of other non-Arctic actors such as China, illustrated by China's commissioning of a first icebreaker, their allocation of funding to polar research and not least the applications by China, the EU, Italy, Japan, Singapore and the Republic of Korea for status as permanent observers at the AC, indicates a different geopolitical appreciation of the Arctic on a larger scale,
Amendment 49 #
2009/2214(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that Iceland's accession to the EU would further consolidate the European presence in the Arctic Council, as well as reinforce the EU's external policies, particularly regarding the North Atlantic cooperation;
Amendment 97 #
2009/2214(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises that the effects of the melting ice are also creating e dispropportunities for economic development in the Arctic region; acknowledges the wish of the inhabitants of the Arctic to continue to pursue sustainable economic development while at the same time protecting the very sensitive nature of the Arctic ecosystems, taking into account their experience in using and developing the resources of the region in a sustainable wayionately large Arctic warming impact caused by local emissions of soot as compared to emissions originating elsewhere, largely due to its effect on highly reflective surfaces such as snow or ice;
Amendment 108 #
2009/2214(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes the special position and recognises the rights of the indigenous peoples of the Arctic and points in particular to the legal and political situation of the indigenous peoples in the Arctic States; stresses the importance of cooperation between governments, local people and indigenous people;
Amendment 111 #
2009/2214(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that the economies of indigenous people rely to a high extent on sustainable use of natural resources and therefore the reduction of climate change and its effects and the right of the indigenous people to clean nature are also questions of human rights;
Amendment 158 #
2009/2214(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is of the opinion that the EU should develop further its capacities and calls on the Commission to explore and report on the establishment or continuation of EU activities in the Arctic such as a circumpolar joint multilateral research funding programme providing for easier and less bureaucratic cooperation, joint projects of the research community, and an EU Arctic Information Centre thatas a joint, networked undertaking, which is located in the Arctic and should be capable of organising permanent EU outreach to the major actors and stakeholders in the Arctic and globally, as well as of channelling information and services on the Arctic towards the European Institutions;
Amendment 161 #
2009/2214(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Takes into account the existing infrastructure located in the Polar Circle, when making decision of the EU Arctic Information Centre; asks also the Commission to map out funding possibilities for the EU Arctic Information Centre;
Amendment 167 #
2009/2214(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Requests the EU and its Member States to propose under the ongoing IMO work on a mandatory Polar Code for shipping that soot emissions and heavy fuel oil should be regulated specifically;
Amendment 22 #
2009/2203(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned by the economic consequences of a fast loss of value of the US dollar for the economy of the European Unionthe unfavourable exchange rates of the US dollar, the renminbi-yuan and some other currencies for the economy of the European Union; calls for enhanced international macroeconomic dialogues in order to adjust the exchange rates so that a more balanced world economy may be achieved;
Amendment 32 #
2009/2203(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 48 #
2009/2203(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Shares the Commission’s concern about the significant imbalances concerning unit labour costs, growing unequal distribution of income and wealth, current accounts, and interest rate spreads in the EU and in the euro area and is concerned about the absence of effective mechanisms to prevent the growth of those imbalances;
Amendment 52 #
2009/2203(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. As proposed in the Staff Working Paper accompanying the Commission Communication of 7 May 2008 on EMU@10: successes and challenges after 10 years of Economic and Monetary Union (COM(2008)0238), calls on the Commission to develop diagnostic tools and indicators in order more effectively to monitor and assess relevant economic developments in the Member States, which include multilateral surveillance of unit labour costs, real exchange rates, financial markets and policies that affect competitiveness;
Amendment 53 #
2009/2203(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 57 #
2009/2203(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 64 #
2009/2203(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls upon countries with current account surpluses to stimulate employment andby increasing wage moderation and to stimulate internal demand inter alia by ending wage moderation, introducing minimum wages and making additional sustainable investments while taking into account the rules of the SGP;
Amendment 71 #
2009/2203(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 76 #
2009/2203(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the use of EIB funds as well as the common but different contributions of Member States to anti-cyclical public spending during the crisis, which have been used to partly compensate the limited size of the European budget; but notes that the EIB should not become a substitute for the EU budget, and that care should be taken in order to avoid situations where the EIB could be in competition with private market actors;
Amendment 80 #
2009/2203(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Agrees with the Commission that the supervision and regulation of financial markets as well as the limiting of internal and external imbalancedeficits is essential for the successful development of the EMU;
Amendment 85 #
2009/2203(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Suggests using the excessive deficit procedure of the SGP to ensure that Member States avoid excessive deficits and current account surpluses;
Amendment 94 #
2009/2203(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses its deep concern over the unsustainable level of public debt and its predicted rapid increase in 2010 and 2011 which forms an even larger burden, bearing in mind that future generations will inherit the growing ecological, social and both public and private financial debt;
Amendment 107 #
2009/2203(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses that when evaluating the stability and convergence programmes of Member States, the Commission should put considerable weight on the conclusions of its Communication on Long-term sustainability of public finances for a recovering economy (COM(2009)0545);
Amendment 109 #
2009/2203(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the Commission’s use of the excessive deficit procedure in order to reduce public deficit but inand emphasistes that Member States’ conjunctural situation be taken into accounte importance of properly timed ambitious, concrete and quantifiable programmes for balancing the public finances in Member States starting in the years 2010 and 2011;
Amendment 112 #
2009/2203(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers that Member States with difficulties in sustaining their public finances should, in the first instance, be responsible for resolving those difficulties and calls on the Member States to accelerate the pace of their reforms through determined policy actions to fill the sustainability gaps caused by high rates of indebtedness and costs related to an ageing population;
Amendment 118 #
2009/2203(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the fact that some shortcomings of the construction of the EMU and to some extent the economic policy of partner states make it difficult for Member States to bring their financial house in order and is concerned that in the euro area one group of Member States is more disciplined and a second is becoming increasingly indebted, and that surveillance at EU level has not translated into determined policy action in the second group of Member States;
Amendment 121 #
2009/2203(INI)
Motion for a resolution
Paragraph 28 – point a
Paragraph 28 – point a
Amendment 126 #
2009/2203(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission to study the possible consequences of either a one- sided EU-wide or an international 0,01- 0,1 % tax on financial transactions in order to provide assistance to Member States during their current financial situation;
Amendment 144 #
2009/2203(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Emphasises the importance of G20 conclusions on global imbalances and what each economic area has to do in order to balance its economy; stresses the importance of exchange rates in the preparation of the next G-20 summits; takes the view that those preparations should be more transparent within the EU and that Parliament should be kept informed;
Amendment 53 #
2009/2202(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that there has been a positive development in the welfare of animals due to the action plan 2006-2010 but that the EU’s farmers have not benefited from their efforts on the markets and in international trade and stipulates that this should be highlighted in the next action plan;
Amendment 72 #
2009/2202(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes with great satisfaction the progress which has been made in the Animal Welfare Quality Project, as regards new science and knowledge relating to animal health indicators, and states that there still is need for more research before the indicators can be put in practice;
Amendment 84 #
2009/2202(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets, nonetheless, that more has not been done to adopt a proposal for new rules on animal transport and the associated issue ofNotes that there is a need to follow up the implementation of the present animal transport regulation in the EU Member States and concerning the developingment of a satellite system to monitor suchthe transport, and urges the Commission, in the time still remaining before the action plan expires, to takation of animals; considers that the Commission should base the initiative ion this fielda cost-benefit analysis;
Amendment 216 #
2009/2202(INI)
Motion for a resolution
Paragraph 15 – indent 2
Paragraph 15 – indent 2
Amendment 222 #
2009/2202(INI)
Motion for a resolution – amending act
Paragraph 15 – indent 3
Paragraph 15 – indent 3
Amendment 237 #
2009/2202(INI)
Motion for a resolution – amending act
Paragraph 15 – indent 6
Paragraph 15 – indent 6
Amendment 366 #
2009/2202(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 379 #
2009/2202(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 388 #
2009/2202(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 398 #
2009/2202(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 408 #
2009/2202(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 420 #
2009/2202(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls for an assessment and further development of the Animal Welfare Quality Project, particularly as regards incentives for farmers and producers to use the new indicatorsimplification of the instrument for use on farms, as much work remains to be done to prepare the new indicators for practical application;
Amendment 424 #
2009/2202(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 17 #
2009/2155(INI)
Motion for a resolution
Recital F
Recital F
Amendment 46 #
2009/2155(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the CAP to be outcome-driven rather than focused on regulation, with Member States offering more help and advice to farmers, and believes that, to that end, a telephone helpline financed by public funds should be instituted in all Member States to assist farmers;
Amendment 59 #
2009/2155(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need for the CAP to be simpler, more transparent and more equitable; in this respect a single flat rate payment would be preferable;
Amendment 123 #
2009/2155(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the number of CC requirements should not steadily increase;
Amendment 154 #
2009/2155(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 183 #
2009/2155(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 194 #
2009/2155(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that the identification of animals shcould be done using the producer number instead of the holding number;
Amendment 5 #
2009/2150(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that the global economic crisis has necessitated an enhanced development cooperation both in quantity and quality;
Amendment 15 #
2009/2150(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for better coherence of development aid and other policies of the EU; notes that for example marketing EU-subsidised agricultural products may run counter to creating sound markets for the products of the poor local farmers and thus may negate efforts made by the projects which try to enhance local agriculture;
Amendment 21 #
2009/2150(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that various companies have already attained hundreds of thousands of hectares of land in some developing countries for the production of biofuels to the EU-markets; calls for such land acquisition to be countered by introducing criteria with clear limits to the amount of permitted greenhouse gas emissions during the whole life cycle of the production of biofuels and criteria which make this kind of use of land suitable for food production disadvantageous;
Amendment 23 #
2009/2150(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. In order to achieve better results in development cooperation calls for enhanced cooperation, monitoring and evaluation during planning and implementation of the development cooperation projects in which the EU is involved; calls for the new high representative of foreign affairs to consider putting up separate units in each of the recipient countries for monitoring and evaluating these projects on a continuous basis;
Amendment 24 #
2009/2150(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Notes that monitoring and evaluation could be enhanced by using suitable computer programmes, such as that being developed by OLAF or those created by EU-support, for example ODAMoz, with the help of which one can list, classify, analyse and follow all development projects, and keep track on how they really achieve their goals;
Amendment 25 #
2009/2150(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes that Member States could benefit from enhanced cooperation within the evaluation and monitoring units of the EU for example by sending their personnel to these units to monitor and evaluate the projects funded by the individual Member State; notes that cooperation and co-use of infrastructure can be especially useful to those Member States whose development cooperation structures are relatively recent, especially if personnel training can be attached to those units; notes that such cooperation would enhance necessary transparency, the use of best practices and even acceptance in the donor countries of increases in development budgets;
Amendment 29 #
2009/2150(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that there are dozens of tax havens world wide which are used even by some OECD-based companies in order to avoid paying taxes to those developing countries where they have profitable activities or to their home countries; asks the Commission to report on how automatic exchange of information can be globally extended and sanctions for uncooperative tax havens and their users could be implemented and how country- by-country reporting on profits and taxes paid can become a rule for transnational companies in the EU;
Amendment 12 #
2009/2134(INI)
Motion for a resolution
Recital V
Recital V
V. Parliament has previously resolved to study the possibility of electing some MEPs on pan-European lists, considering that this would impart a genuine European dimenswhich have, however, never been established because of strong opposition toin the campaign, particularly by entrusting a central role to European political partiesEuropean Parliament and in the Council,
Amendment 13 #
2009/2134(INI)
Motion for a resolution
Recital W
Recital W
Amendment 17 #
2009/2134(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 22 #
2009/2134(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4.(i) Determines that Parliament will initiate a proposal for a decision establishing the redistribution of the 751 seats among States, if justified objectively by figures established by Eurostat before every election; this decision should be adopted before the end of the fourth calendar year of the parliamentary term, (ii) Proposes to enter into a dialogue with the European Council to explore the possibility of reaching agreement on a durable and transparent mathematical formula for the apportionment of seats in Parliament respect; redistribution shall be made following the principle of degressive proportionality, in accordance with the provisions of the Treaty of Lisbon, will serve as a parameter for assessing whether the decision which the competent institutions take to establish the composition of the European Parliament complies with the applicable rules; observes that the abovementioned framework would make it possible to combine the principle of efficiency, by imposing a ceiling on the criteria laid down in the Treaties andnumber of Members at a level which is still compatible with the role of a legislative assembly, the principles of plurality, between political parties and solidarity among Statesy allowing the main constituents of the spectrum of political opinion in each Member State – particularly the majority and the opposition – to be represented, and the principle of solidarity;
Amendment 37 #
2009/2134(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 48 #
2009/2134(INI)
Motion for a resolution
Recital Q
Recital Q
Q. the redistribution of parliamentary seats among States needs to take place on a regular basis in order to reflect demographic change in the resident populations of the States and to strictly respect the principle of degressive proportionality; it may be possible to reach agreement on an apolitical, mathematical formula which would respect the criteria laid down in the Treaties and spelt out in 1 Declaration No 5 annexed to the Final Act of the Lisbon Treaty IGC. the Act1,
Amendment 50 #
2009/2134(INI)
Motion for a resolution
Recital R
Recital R
Amendment 53 #
2009/2134(INI)
Motion for a resolution
Recital W
Recital W
Amendment 65 #
2009/2134(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 78 #
2009/2134(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Proposes that a redistribution of the existing 751 seats among States will take place, if justified objectively by figures established by Eurostat, based on the total resident population, before every election; the redistribution wishall be made in accordance with a mathematical formula respecting the criteria laid down in the Treaties, and will be announcedfollowing the principle of degressive proportionality, in accordance with the provisions of the Treaty of Lisbon, that will serve as a parameter for assessing whether the decision which the competent institutions take to establish the composition of the European Parliament complies with the rules applicable; observes that the aforementioned framework makes it possible to combine the principle of efficiency, by imposing a ceiling on the number of Members at a least twelve months before the end of the mandatevel which is still compatible with the role of a legislative assembly, the principle of plurality, by allowing the main constituents of the spectrum of political opinion in each Member State – particularly the majority and the opposition – to be represented, and the principle of solidarity;
Amendment 96 #
2009/2134(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 97 #
2009/2134(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 114 #
2009/2134(INI)
Article 2 a (new)
Article 2a 1. For the purposes of distributing seats between Member States in accordance with the principle of degressive proportionality pursuant to Article 14(2a) of the Treaty on European Union, the ratio between the population and the number of seats of each State must vary in relation to their respective populations in such a way that each Member from a more populous State represents more citizens than each Member from a less populous State and also, conversely, that no less populous State has more seats than a more populous State. 2. The seats will be distributed following the principle of degressive proportionality, in accordance with the provisions of the Treaty of Lisbon, that will serve as a parameter for assessing whether the decision which the competent institutions take to establish the composition of the European Parliament complies with the rules applicable. The aforementioned framework makes it possible to combine the principle of efficiency, by imposing a ceiling on the number of Members at a level which is still compatible with the role of a legislative assembly, the principle of plurality, by allowing the main constituents of the spectrum of political opinion in each Member State – particularly the majority and the opposition – to be represented, and the principle of solidarity.
Amendment 151 #
2009/0144(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) There is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure, also through a single rulebook, a level playing field and an adequate protection investors and consumers across Europe. As a body with highly specialised expertise, it is efficient and appropriate to entrust the Authority, in areas defined by CommunityUnion law, with the elaboration of draft technical standards, which do not involve policy choices. These standards should thus not be in conflict with the legislation of any Member State since such legislation suggests existence of a policy choice. The Commission should endorse those draft technical standards in accordance with CommunityUnion law in order to give them binding legal effect. The draft technical standards have to be adopted or rejected by the Commission according to clear and transparent principles. They would be subreject to amendmented if, for example, the draft technical standards were incompatible with CommunityUnion Law, would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of CommunityUnion financial services legislation. To ensure a smooth and expedited adoption process for those standards, the Commission should be subject to a time limit for its decision on the endorsement.
Amendment 154 #
2009/0144(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 163 #
2009/0144(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks, foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions. The Regulation should therefore provide a clear legal basis for such delegation. A Member State may restrict the powers of the national supervisory authority to delegate its tasks. Delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority, while the responsibility for supervisory decisions remains with the delegating authority. By delegation of responsibilities one national supervisory authority, the delegatee, shall be able to decide upon a certain supervisory matter in its name in lieu of another national supervisory authority. Delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter. A reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope, of coherence in group supervision, and of optimal use of technical expertise among national supervisory authorities. Relevant CommunityUnion legislation may further specify the principles for reallocation of responsibilities upon agreement. The Authority should facilitate delegation agreements between national supervisory authorities by all appropriate means. It should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate. It should centralise the publication of such agreements to ensure timely, transparent and easily accessible information about agreements for all parties concerned.
Amendment 240 #
2009/0144(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point e
Article 6 – paragraph 2 – subparagraph 1 – point e
Amendment 250 #
2009/0144(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. When exercising its powers referred to in paragraph 2, first subparagraph , points (a) and (d) the Authority shall have regard to the national laws of Member States that are in compliance with the Union law.
Amendment 251 #
2009/0144(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Amendment 252 #
2009/0144(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Amendment 321 #
2009/0144(COD)
Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 1
Article 9 – paragraph 6 – subparagraph 1
Amendment 332 #
2009/0144(COD)
Proposal for a regulation
Article 10
Article 10
Action in emergency situations 1. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Community, the Commission, upon its own initiative or following a request by the Authority, the Council, or the ESRB, may adopt a decision addressed to the Authority, determining the existence of an emergency situation for the purposes of this regulation. 2. Where the Commission has adopted a decision pursuant to paragraph 1, the Authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial market participants and competent authorities satisfy the requirements laid down in that legislation. 3. Without prejudice to the powers of the Commission under Article 226 of the Treaty, where a competent authority does not comply with the decision of the Authority referred to in paragraph 2 within the period laid down therein, the Authority may, where the relevant requirements laid down in the legislation referred to in Article 1(2) are directly applicable to financial market participants, adopt an individual decision addressed to a financial market participant requiring the necessary action to comply with its obligations under that legislation, including the cessation of any practice. 4. Decisions adopted under paragraph 3 shall prevail over any previous decision adopted by the competent authorities on the same matter. Any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 2 or 3 shall be compatible with those decisions.rticle 10 deleted
Amendment 381 #
2009/0144(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Competent authorities may, by bilateral agreement, delegate tasks and responsibilities to oMember States shall allow competent authorities to delegate tasks and responsibilities to other competent authorities, by bilateral agreement, subject to the conditions set out in this Article. Member States may set out specific arrangements that have to be complied with before their competent authorities supervisoryenter into such agreements and limit the scope of delegation to what is necessary for effective supervision of cross-border financial institutions and groups.
Amendment 416 #
2009/0144(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
1. At the request of the Authority, competent authorities and other public authorities of the Member States shall provide the Authority with all the necessary information to carry out the duties assigned to it by this Regulation.
Amendment 419 #
2009/0144(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Amendment 421 #
2009/0144(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Amendment 519 #
2009/0144(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The decisions which the Authority takes pursuant to Articles 9, 10 and 11 shall be made public and shall state the identity of the competent authority or financial market participant concerned and the main content of the decision, unless the publication would be in conflict with having regard to the legitimate interest of financial market participants in the protection of their business secrets. or may seriously jeopardise the stability of the whole or part of the financial system in the community.
Amendment 533 #
2009/0144(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Amendment 544 #
2009/0144(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
1. All other decisions of the Board of Supervisors shall be taken by simple majority of its members, according to the principle where each member has one vote.
Amendment 608 #
2009/0144(COD)
Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 1 – point a
Article 48 – paragraph 1 – subparagraph 1 – point a
Amendment 156 #
2009/0143(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) There is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure, also through a single rulebook, a level playing field and an adequate protection of depositors, investors and consumers across Europe. As a body with highly specialised expertise, it is efficient and appropriate to entrust the Authority, in areas defined by CommunityUnion law, with the elaboration of draft technical standards, which do not involve policy choices. Those standards should not therefore be in conflict with the legislation of any Member State since such legislation suggests existence of a policy choice. The Commission should endorse those draft technical standards in accordance with CommunityUnion law in order to give them binding legal effect. The draft technical standards have to be adopted or rejected by the Commission according to clear and transparent principles. They would be subreject to amendmented if, for example, the draft technical standards were incompatible with Community LUnion law, would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of CommunityUnion financial services legislation. To ensure a smooth and expedited adoption process for those standards, the Commission should be subject to a time limit for its decision on the endorsement.
Amendment 161 #
2009/0143(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 178 #
2009/0143(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks, foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions. The Regulation should therefore provide a clear legal basis for such delegation. A Member State may restrict the powers of the national supervisory authority to delegate its tasks. Delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority, while the responsibility for supervisory decisions remains with the delegating authority. By delegation of responsibilities one national supervisory authority, the delegatee, shallould be able to decide upon a certain supervisory matter in its name in lieu of another national supervisory authority. Delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter. A reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope, of coherence in group supervision, and of optimal use of technical expertise among national supervisory authorities. Relevant CommunityUnion legislation may further specify the principles for reallocation of responsibilities upon agreement. The Authority should facilitate delegation agreements between national supervisory authorities by all appropriate means. It should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate. It should centralise the publication of such agreements to ensure timely, transparent and easily accessible information about agreements for all parties concerned.
Amendment 226 #
2009/0143(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
Amendment 229 #
2009/0143(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. When exercising its powers referred to in paragraph 2(a) and (d) the Authority shall have regard to the national laws of Member States that are in compliance with Union law.
Amendment 230 #
2009/0143(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 292 #
2009/0143(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 306 #
2009/0143(COD)
Proposal for a regulation
Article 10
Article 10
Action in emergency situations 1. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Community, the Commission, upon its own initiative or following a request by the Authority, the Council, or the ESRB, may adopt a decision addressed to the Authority, determining the existence of an emergency situation for the purposes of this regulation. 2. Where the Commission has adopted a decision pursuant to paragraph 1, the Authority may adopt individual decisions requiring national supervisory authorities to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial institutions and national supervisory authorities satisfy the requirements laid down in that legislation. 3. Without prejudice to the powers of the Commission under Article 226 of the Treaty, where a national supervisory authority does not comply with the decision of the Authority referred to in paragraph 2 within the period laid down therein, the Authority may, where the relevant requirements laid down in the legislation referred to in Article 1(2) are directly applicable to financial institutions, adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under that legislation, including the cessation of any practice. 4. Decisions adopted under paragraph 3 shall prevail over any previous decision adopted by the national supervisory authorities on the same matter. Any action by the national supervisory authorities in relation to facts which are subject to a decision pursuant to paragraph 2 or 3 shall be compatible with those decisions.rticle 10 deleted
Amendment 366 #
2009/0143(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. NMember States shall allow competent authorities to delegate tasks and responsibilities to other national supervisory authorities may, by bilateral agreement, delegate tasks and responsibilities to other national supervisory authorities. subject to the conditions set out in this Article. Member States may set out specific arrangements that have to be complied with before their competent authorities enter into such agreements and may limit the scope of delegation to what is necessary for effective supervision of cross-border financial institutions and groups.
Amendment 399 #
2009/0143(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
1. At the request of the Authority, national supervisory authorities and other publiccompetent authorities of the Member States shall provide the Authority with all the necessary information to carry out the duties assigned to it by this Regulation.
Amendment 401 #
2009/0143(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 475 #
2009/0143(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The decisions which the Authority takes pursuant to Articles 9, 10 and 11 shall be made public and shall state the identity of the national supervisory authority or financial institution concerned and the main content of the decision, unless the publication would be in conflict with having regard to the legitimate interest of financial institutions in the protection of their business secrets or may seriously jeopardise the stability of the whole or part of the financial system in the community.
Amendment 494 #
2009/0143(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. TDecisions of the Board of Supervisors shall act on the basis of qualified majority of its members, as defined in Article 205 of the Treaty, for acts specified in Articles 7, 8 and all measures and decisions adopted under Chapter VI. All other decisions of the Board of Supervisors shall be taken by simple majority of membersbe taken by simple majority of its members, according to the principle where each member has one vote.
Amendment 549 #
2009/0143(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point a
Article 48 – paragraph 1 – point a
Amendment 192 #
2009/0142(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) There is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure, also through a single rulebook, a level playing field and an adequate protection of depositors, investors and consumers across Europe. As a body with highly specialised expertise, it is efficient and appropriate to entrust the Authority, in areas defined by Community law, with the elaboration of draft technical standards, which do not involve policy choices. These standards should thus not be in conflict with the legislation of any Member State since such legislation suggests existence of a policy choice. The Commission should endorse those draft technical standards in accordance with Community law in order to give them binding legal effect. The draft technical standards have to be adopted by the Commission or rejected by the Commission according to clear and transparent principles. They would be subreject to amendmented if, for example, the draft technical standards were incompatible with Community Law, would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of Community financial services legislation. To ensure a smooth and expedited adoption process for those standards, the Commission should be subject to a time limit for its decision on the endorsement.
Amendment 205 #
2009/0142(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 233 #
2009/0142(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks, foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions. The Regulation should therefore provide a clear legal basis for such delegation. A Member State may restrict the powers of the national supervisory authority to delegate its tasks. Delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority, while the responsibility for supervisory decisions remains with the delegating authority. By delegation of responsibilities one national supervisory authority, the delegatee, shall be able to decide upon a certain supervisory matter in its name in lieu of another national supervisory authority. Delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter. A reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope, of coherence in group supervision, and of optimal use of technical expertise among national supervisory authorities. Relevant Community legislation may further specify the principles for reallocation of responsibilities upon agreement. The Authority should facilitate delegation agreements between national supervisory authorities by all appropriate means. It should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate. It should centralise the publication of such agreements to ensure timely, transparent and easily accessible information about agreements for all parties concerned.
Amendment 307 #
2009/0142(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'competent authorities' means competent authorities as defined in Directives 2006/48/EC and 2006/49/EC and, where deposit guarantee schemes are concerned, bodies which administer deposit-guarantee schemes pursuant to competent authorities referred to in the Directive 94/19/EC.
Amendment 336 #
2009/0142(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
Amendment 344 #
2009/0142(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f b (new)
Article 6 – paragraph 2 – point f b (new)
2a. When exercising its powers referred to in paragraph 2(a), (d) the Authority shall have regard to the national laws of Member States that are in compliance with the Community law.
Amendment 346 #
2009/0142(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Amendment 348 #
2009/0142(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Amendment 430 #
2009/0142(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 445 #
2009/0142(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 510 #
2009/0142(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Competent authorities may, by bilateral agreement, delegate tasks and responsibilities to oMember States shall allow competent authorities to delegate tasks and responsibilities to other competent authorities, by bilateral agreement, subject to the conditions set out in this Article. Member States may set out specific arrangements that have to be complied with before their competent authorities supervisoryenter into such agreements and limit the scope of delegation to what is necessary for effective supervision of cross-border financial institutions and groups.
Amendment 559 #
2009/0142(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
1. At the request of the Authority, competent authorities and other public authorities of the Member States shall provide the Authority with all the necessary information to carry out the duties assigned to it by this Regulation.
Amendment 567 #
2009/0142(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Amendment 571 #
2009/0142(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Amendment 653 #
2009/0142(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The decisions which the Authority takes pursuant to Articles 9, 10 and 11 shall be made public and shall state the identity of the competent authority or financial institution concerned and the main content of the decision, unless the publication would be in conflict with having regard to the legitimate interest of financial institutions in the protection of their business secrets. or may seriously jeopardise the stability of the whole or part of the financial system in the community.
Amendment 667 #
2009/0142(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Amendment 682 #
2009/0142(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 765 #
2009/0142(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point a
Article 48 – paragraph 1 – point a
Amendment 71 #
2009/0132(COD)
Proposal for a directive – amending act
Recital 9
Recital 9
Amendment 74 #
2009/0132(COD)
Proposal for a directive – amending act
Recital 10
Recital 10
(10) The summary of the prospectus is a key source of information for retail investors. It should be short, simple and easy for targeted investors to understand. It should focus on the key information that investors need in order to be able to make informed investment decisions. Its content should not be restricted to any predetermined number of words. The format and content of the summary should be determined in a way that ensures comparability with other investment products that are similar to the investment proposal described in the prospectus. Therefore, Member States should attach civil liability on the basis of the summary not only if it is misleading, inaccurate or inconsistent, when read together with the other parts of the prospectus, but also if it does not provide key information enabling investors to take informed investment decisions and to compare the securities with other investment products.
Amendment 121 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/71/EC
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 136 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2003/71/EC
Article 6 – paragraph 2 – second subparagraph
Article 6 – paragraph 2 – second subparagraph
However, Member States shall ensure that no civil liability shall attach to any person solely on the basis of the summary, including any translation thereof, unless it is misleading, inaccurate or inconsistent, when read together with the other parts of the prospectus, and it does not provide key information enabling investors to take informed investment decisions and to compare the securities with other investment products.
Amendment 153 #
2009/0064(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Recent difficulties in financial markets have underlined that many AIFM strategies are vulnerable to some or several important risks in relation to investors, other market participants and markets. In order to provide comprehensive and common arrangements for supervision, it is necessary to establish a framework capable of addressing those risks taking into account the diverse range of investment strategies and techniques employed by AIFM. Consequently, this Directive should apply to AIFM managing and marketing all types of funds which are not covered by Directive 2009/…65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to the undertakings for collective investment in transferable securities (UCITS) (recast)1, irrespective of the legal or contractual manner in which the AIFM is entrusted with this responsibility. Such funds may include, inter alia, hedge funds, private equity funds, real estate funds, commodity funds and infrastructure funds. AIFM should not be entitled to manage UCITS within the meaning of Directive 2009/…65/EC on the basis of authorisation under this Directive. 1 OJ L […], […]302, 17.11.2009, p. […]32.
Amendment 163 #
2009/0064(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The scope of this Directive should be confined to the management of collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk-spreading for the benefit of those investors. This Directive should not apply to the management of pension funds or managers of non-pooled investments such as endowments, sovereign wealth funds, central banks or assets hoeld on own account by credit institutions, pension funds, or insurance or reinsurance undertakings. This Directive should neifurthermore not apply to actively managed investments in the form of securities, such as certificates, managed futures, or index- linked bonds. Itnational, regional and local governments and government investment vehicles or bodies or institutions which manage funds supporting social security and pension systems, or to employee participation schemes. In order to benefit from the exemptions provided for in this Directive, the AIFM concerned should comply with the conditions to which those exemptions are subject on a continuous basis. This Directive should, however, cover managers of all collective investment undertakings which are not required to be authorised as UCITS. Investment firms authorised under Directive 2004/39/EC on Markets in Financial Instruments should not be required to obtain an authorisation under this Directive in order to provide investment services in respect of AIF. Investment firms can however only provide investment services in respect of AIF, if and to the extent the units or shares thereof can be marketed in accordance with this Directive.
Amendment 187 #
2009/0064(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to avoid imposing excessive or disproportionate requirements, this Directive provides for an exemption for AIFM where the cumulative AIF under management fall below a threshold of EUR 100 million. The activities of the AIFM concerned are unlikely to have significant consequences for financial stability or market efficiency. For AIFM which only manage unleveraged AIF and do not grant investors redemption rights during a period of five years a specific threshold of EUR 500 million applies. This specific threshold is justified by the fact that managers of unleveraged funds, specialised in long term investments, are even less likely to cause systemic risks. Furthermore, the five years lock-up of investors eliminates liquidity risks. AIFM which are exempt from this Directive should continue to be subject to any relevant national legislation and should be subject at least to registration in their home Member States. They should however be allowed to be treated as AIFM subject to the opt-in procedure foreseen by this Directive.
Amendment 217 #
2009/0064(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is necessary to ensure that AIFM operate subject to robust governance controls. AIFM should be managed and organised so as to minimise conflicts of interest. Recent developments underline the crucial need to separate asset safe- keeping and management functions, and segregate investor assets from those of the manager. To this end, the AIFM has to appointensure the appointment of a depositary and entrust it with the booking of investor money on a segregated account, the safe- keeping of financial instruments and the verification of whether the AIF or the AIFM on behalf of the AIF has obtained ownership of all other assets.
Amendment 238 #
2009/0064(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Given that an AIFM may employing high levels of leverage in their investment strategies leverage, at the level of the AIF and may, under certain conditions, contribute to the build up of systemic risk or disorderly markets, special requirements should be imposed on AIFM using certain techniques giving rise to particular riskemploying leverage on a systemically significant basis. The information needed to detect, monitor and respond to those risks has not been collected in a consistent way throughout the CommunityUnion, and shared across Member States so as to identify potential sources of risk to the stability of financial markets in the CommunityUnion. To remedy this situation, special requirements should apply to AIFM, which consistently use highemploy leverage at the levels of leverage in their investment strategies. Thosethe AIF on a systemically significant basis. Such AIFM should be obliged to disclose information regarding their use and sources of leverage. That information in their AIF. Information gathered by competent authorities should be aggregated and shared with other authorities in the CommunityUnion, so as to facilitate a collective analysis of the impact of the leverage of thoseAIF managed by AIFM on the financial system in the CommunityUnion, as well as a common response.
Amendment 247 #
2009/0064(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Activities of AIFM based on the use of high levels of leverage could be detrimental to the stability and efficient functioning of financial markets. It is considered necessary to allow the Commission to impose limits on the level of leverage that AIFM could use, in particular in those cases where AIFM employ high levels of leverage on a systematic basisIt is considered necessary to allow the competent authorities of the home Member State of the AIFM to impose limits on the level of leverage that AIFM could employ in AIF where the stability and integrity of the financial system may be threatened. Those limits to the maximum amount of leverage should take into account aspects related to the source of leverage and the strategies employed by the AIFM, as well as the market conditions in which the AIF operates. They should also take into account the essentially dynamic nature of the management of leverage by most AIFM using a high level of leverage. I in this respect the limits to leverage could for example either consist in a threshold that should not be breached at any point in time or a limit on the average leverage employed during a given period (i.e. monthly or quarterly)eir AIF and possible pro-cyclical effects.
Amendment 275 #
2009/0064(COD)
Proposal for a directive
Recital 19
Recital 19
(19) AIFM Member State should also be able to market AIF domiciled in third countries to professional investors both in the homeallow AIFM to market in its territory AIF domiciled in third countries to investors in that Member State oif the AIFM and in other Member States. That right should be subject to notification procedures and the existence of a tax agreement with the third country concerned which ensures an efficient exchange of information with the tax authorities in the domicile of the Community investors. Given the fact that such AIF and the third country in which they are domiciled have to meet additional requirements, some of which first have to be laid down in implementing measures, the rights granted under the Directive to market AIF domiciled in third countries to professional investors should only become effective three years after the transposition period. In the meantime Member States may allow or continue to allow AIFM to market AIF domiciled in third countries to professional investors on their territory subject to national law. During this period of three years, AIFM can however not market such AIF to professional investors in other Member States on the basis of rights granted under this Directiveappropriate cooperation arrangements are in place between the competent authorities of the AIFM home Member State and the supervisory authority of the relevant third country. Those cooperation arrangements should properly counter possible problems concerning tax evasion and money laundering.
Amendment 329 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point d
Article 2 – paragraph 1 – subparagraph 1 – point d
(d) the legal structure of the AIFM and, subject to Article 2(2), of the AIFM.
Amendment 355 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) AIFM established in the CommunityUnion which do not provide management services tomanage AIF domiciled in the CommunityUnion and do not market AIF in the CommunityUnion beyond any private placement exemptions allowed for AIF under the national law of a Member State;
Amendment 358 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) AIFM which provide management services exclusively for their parent undertakings, for their subsidiaries or for other subsidiaries of their parent undertakings;
Amendment 378 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g f (new)
Article 2 – paragraph 2 – point g f (new)
(gf) employee participation schemes.
Amendment 390 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g n (new)
Article 2 – paragraph 2 – point g n (new)
(gn) AIFM entitled under national law to provide management services to AIF marketed only in the home Member State;
Amendment 391 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g o (new)
Article 2 – paragraph 2 – point g o (new)
(go) AIFM managing only collective investment undertakings that invest solely in shares or other securities entitling to own capital of an unlisted company or similar listed securities, provided that it is committed to hold such listed securities for a minimum period of [one year].
Amendment 392 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g p (new)
Article 2 – paragraph 2 – point g p (new)
Amendment 397 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g q (new)
Article 2 – paragraph 2 – point g q (new)
(gq) national central banks;
Amendment 399 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g r (new)
Article 2 – paragraph 2 – point g r (new)
(gr) national, regional and local governments and government investment vehicles and bodies or institutions which manage funds supporting social security and pension systems, in case such institutions or organisations manage one or several AIFs;
Amendment 423 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States shall ensure that AIFM not reaching the threshold set out in paragraph 2(a) are entitled to be treated as AIFM falling under the scope of this Directive and to market units or shares of an AIF to professional investors in the Union under this Directive, provided they are authorised in accordance with the national law of their home Member State and provide the competent authorities of that Member State with the information referred to in Articles 31 and 33 and investors with the information referred to in Article 20.
Amendment 424 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 3a (new)
Article 2 – paragraph 3a (new)
3a. AIFM which reach the threshold set out in paragraph 2(a) shall in respect of AIF that (a) are not leveraged and (b) do not have redemption rights exercisable during a period of 5 years following the date of constitution of the AIF be subject to the provisions set out in Articles 1 to 10, 15, 19, 20, 21(3) and 31 to 34 and Chapters VIII and IX and to no other provisions of this Directive.
Amendment 436 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Without prejudice to the right granted under Article 18 to delegate functions, Member States shall ensure that each AIF managed within the scope of this Directive shall have a single AIFM which shall be responsible for ensuring compliance with the requirements of this Directive. The AIFM shall be an external manager which is the legal person appointed by the AIF or on behalf of the AIF (the appointed AIFM) and which through this appointment is responsible for managing the entire portfolio of the AIF.
Amendment 438 #
2009/0064(COD)
Proposal for a directive
Article 3 – point a
Article 3 – point a
(a) ‘Alternative investment fund’ or AIF means any collective investment undertaking, including investment compartments thereof, whose object is the collective investment in assets and which does noich raises capital by marketing shares or units in that collective undertaking to professional investors with a view to investing the proceeds in accordance with a defined investment policy on the principle of risk spreading for the benefit of those investors but which does not include any closed-end vehicle or any form of corporate vehicle, any entity that requires authorisation pursuant to Article 5 of Directive 2009/…65/EC [the UCITS Directive], any collective investment undertaking for which, under its constitutive documents, the role of manager is primarily the responsibility of the collective investment undertaking itself or of one of its members, or any collective investment undertaking whose investors are solely made up of other AIF;
Amendment 483 #
2009/0064(COD)
Proposal for a directive
Article 3 – point l
Article 3 – point l
(l) ‘Leverage’ means any method by which the AIFM increases the exposure of an AIF it manages to a particular investments whether through borrowing of cash or securities, or leverage embedded in derivative positions or; the level of leverage shall bye any other meanssessed in all cases on an appropriately netted and risk-adjusted basis;
Amendment 513 #
2009/0064(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 575 #
2009/0064(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. The competent authorities of the home Member State shall grant authorisation to act as AIFM only if they are satisfied that the AIFM will be able to fulfil the conditions of this Directive. The fund rules or other instruments referred to in Article 5(1)(d) shall not be subject to authorisation.
Amendment 601 #
2009/0064(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Member States shall ensure that AIFM may provide their cross-border management services within the Community only if they comply with the provisions of this Directive on an ongoing basis.
Amendment 659 #
2009/0064(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
Amendment 758 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The rules applicable to the valuation of assets and the calculation of the net asset value per unit or share of the AIF shall be laid down in the law of the country where the AIF is domiciledMember State where the AIF is domiciled or in the existing applicable valuation standards of the home Member State of the AIFM, including arrangements established by bodies appointed by public authorities or recognized by national law, or in the AIF rules or instruments of incorporation.
Amendment 848 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Amendment 870 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The depositary shall be: (a) a credit institution having its registered office in the Community and be authorised in accordance with Directive 2006/48/EC of the European Parliament and Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast).;
Amendment 877 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3 – point a c (new)
Article 17 – paragraph 3 – point a c (new)
(ac) an investment firm having its registered office in the Union and authorised in accordance with Directive 2004/39/EC;
Amendment 888 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3 – point a h (new)
Article 17 – paragraph 3 – point a h (new)
(ah) an institution subject to specific regulation and supervision in its country of incorporation in respect of the provision of safe-keeping services to others.
Amendment 907 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Depositaries may delegate their tasks to other depositariesfunctions to any other person other than the AIF or the AIFM or an associate of either of them, provided that the depositary exercises due care, skill and diligence in the selection, appointment and periodic review of that person and of its arrangements in respect of the matters delegated to it.
Amendment 929 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1
Article 17 – paragraph 5 – subparagraph 1
5. The depositary shall be liable to the AIFM and the investors of the AIF for any losses suffered by ithem as a result of its unjustifiable failure to perform or of its improper performance of its obligations pursuant to this Directive.
Amendment 940 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 2
Article 17 – paragraph 5 – subparagraph 2
Amendment 1038 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 2 – point c a (new)
Article 19 – paragraph 2 – point c a (new)
(ca) the amount of remuneration, split into fixed and variable remuneration, paid by a systemically important AIFM and, where relevant, by any AIF managed by such an AIFM, to senior executives and other employees having a material impact on the firm’s risk exposure.
Amendment 1187 #
2009/0064(COD)
Proposal for a directive
Article 22
Article 22
Amendment 1204 #
2009/0064(COD)
Proposal for a directive
Article 23
Article 23
Amendment 1218 #
2009/0064(COD)
Proposal for a directive
Article 24
Article 24
Amendment 1238 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. HThe competent authorities of the home Member States shall ensure that all information receivgathered under Article 241, aggregated in respect of all AIFM that ithey supervises, areis made available to other competent authorities of the other Member States, to ESMA and to ESRB through the procedure set out in Article 46 on supervisory co-operation. ItThey shall, without delay, also provide information through this mechanism, and bilaterally to the competent authorities of other Member States directly concerned, if an AIFM under itstheir responsibility, or an AIF managed by that AIFM, could potentially constitute an important source of counterparty risk to a credit institution or other systemically relevant institution in those other Member States.
Amendment 1248 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 1263 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. The competent authorities shall assess the systemic risks that the use of leverage by an AIFM with respect to the AIF it manages could entail, and when it is deemed necessary in order to ensure the stability and integrity of the financial system, the competent authorities of the home Member State of the AIFM shall impose limits on the level of leverage that an AIFM may employ with respect to the AIF under its management. The competent authorities of the home Member State of the AIFM shall duly inform CESR and the competent authorities of the home Member State of the AIF of actions taken in that respect.
Amendment 1267 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 3 b (new)
Article 25 – paragraph 3 b (new)
3b. The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c setting out principles clarifying the circumstances in which competent authorities should implement the provisions in paragraph 3a, taking into account different strategies of AIF, different market conditions in which AIF operate and possible pro-cyclical effects following from exercising the provisions.
Amendment 1268 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 3 c (new)
Article 25 – paragraph 3 c (new)
3c. The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c with a view to clarifying the methods of leverage as defined in point (l) of Article 3 and for the purposes of Article 21(4), specifying when leverage is considered to be employed on a systemically significant basis and how leverage is to be calculated.
Amendment 1271 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 1430 #
2009/0064(COD)
Proposal for a directive
Article 30
Article 30
Amendment 1457 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 4a (new)
Article 31 – paragraph 4a (new)
4a. Without prejudice to this Directive, Member States may allow or continue to allow the marketing of any alternative investment funds not covered by this Directive to professional investors on their territory subject to national law.
Amendment 1508 #
2009/0064(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
An AIFM may only market shares or units of an AIF domiciled in a third country to professional investors domiciled in a Member State, if the third country has signed an agreement with this Member State may allow AIFM to market on its own territory shares or units of an AIF domiciled in a third country if appropriate cooperation arrangements are in place between the competent authorities of the home Member State which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention and ensures an effective exchange of information in tax mattersof the AIFM and the supervisory authority of that third country. Those third countries must have proper legislation against possible tax evasion and money laundering.
Amendment 1519 #
2009/0064(COD)
Proposal for a directive
Article 35 b (new)
Article 35 b (new)
Article 35b Third-country AIF Member States may allow or continue to allow professional investors domiciled in their territory to invest in any AIF, including those from third countries, subject to national law. Those third countries must have proper legislation against possible tax evasion and money laundering.
Amendment 1595 #
2009/0064(COD)
Proposal for a directive
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
Amendment 1641 #
2009/0064(COD)
Proposal for a directive – amending act
Article 51
Article 51
AIFM operating in the Community before [the deadline for the transposition of this Directive]...* shall adopt all necessary measures to comply with this Directive and shall submit an application for authorisation within one year of the deadline for the transposition of this Directiveby ...**. In the event that new units or shares in a particular AIF are not issued or marketed after ...* this requirement shall not apply with regard to management of such AIF. * OJ: please insert date: date referred to in Article 54. ** OJ: please insert date: one year from the date referred to in Article 54.
Amendment 1658 #
2009/0064(COD)
Proposal for a directive – amending act
Article 53 Directive 2009/65/ECArticle 50a - introductory part
Article 53 Directive 2009/65/ECArticle 50a - introductory part
Amendment 62 #
2008/0238(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In addition the availability of organs of human origin used for therapeutic purposes is dependent on Community citizens being prepared to donate them. The Member States have a responsibility to increase organ donations nationally since possible defects in their organ transplantation systems cannot be remedied by transporting organs or moving patients from one country to another. In order to safeguard public health and to prevent the transmission of diseases by these organs, precautionary measures should be taken during their procurement, transport and use.
Amendment 69 #
2008/0238(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to reduce the risks and maximise the benefits of the transplantation process. Member States need to operate an effective national quality programme. This programme should be implemented and maintained throughout the entire chain from donation to transplantation or disposal, and should cover the personnel and organisation, premises, equipment, materials, documentation and record-keeping involved. The national quality programme should include auditing where necessary. Member States should be able to delegate, through written agreements, the responsibility for parts of this programme to European organ exchange organisations. Participation of the Member States in organ exchange and in agreements with organisations for the cross-border exchange of organs should be voluntary and should not force the Member States to apply common waiting lists.
Amendment 3 #
2008/0196(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects and move away from the minimum harmonisation approach in the former Directives under which Member States could maintain or adopt stricter national rules.
Amendment 27 #
2008/0196(COD)
Proposal for a directive
Article 4
Article 4
Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including mof they are mor lesse stringent provisions to ensure a differenthigher level of consumer protection.
Amendment 1 #
2007/0229(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of horizontal communityUnion legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. They do not have the same rights as nationals of the Member State, or other EU citizens. With a view to pursueing a further development of a coherent immigration policy, to lower and narrowing the rights gap between EU citizens and third- country nationals legally working and complementing the existing immigration acquis, a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member States but not yet long -term residents. Such provisions are intended to establish a minimum level playing field within the EU, to recognizse that such third-country nationals legally working in a Member States contribute to the European economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter. Definition of "third country worker" as laid down in Article 2(b) of this Directive means, without prejudice to the interpretation of the concept of employment relationship in other EU legislation, any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work in the context of a paid relationship under national law and /or in accordance with national practice in that Member State.
Amendment 10 #
2007/0229(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Equal treatment of third-country workers does not cover measures in the field of vocational training which are financed under social assistance schemes.
Amendment 16 #
2007/0229(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of horizontal community legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. They do not have the same rights as nationals of the Member State, or other EU citizens. With a view to pursue a further development of a coherent immigration policy, to lower the rights gap between EU citizens and third-country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member States but not yet long term residents. Such provisions are intended to establish a level playing field within the EU, to recognize that such third-country nationals legally working in a Member States contribute to the European economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter. Definition of "third country worker" as laid down in Article 2(b) of this Directive means, without prejudice to the interpretation of the concept of employment relationship in other EU legislation, any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work in the context of a paid relationship under national law and /or in accordance with national practice in that Member State.
Amendment 19 #
2007/0229(COD)
Proposal for a directive
Article 3 – paragraph 2 – point (b)
Article 3 – paragraph 2 – point (b)
(b) covered by Directive 96/71/ECwho are posted as long as they are posted;
Amendment 20 #
2007/0229(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Third-country nationals who work in the territory of a Member State should enjoy equal treatment as regards social security. Branches of social security are defined in the Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality extends the provisions of Regulation (EEC) No 1408/71 to third country nationals who are legally residing in the European Union and who are in a cross-border situation. The provisions on equal treatment concerning social security in this Directive also apply to persons comentering to a Member State directly from a third countrystate, but allowing Member States to limit equal treatment to those in employment. Nevertheless, this Directive should noteither confer more rights than those already provided in existing Community legislation in the field of social security for third- country nationals who have cross-border elements between Member States. nor limit the power of the Member States to organise their social security schemes and to lay down the conditions under which a person is affiliated to a social security scheme. Nor should it confer rights in respect of situations that do not fall within the scope of EU legislation as for example in the case of family members residing in a third country.
Amendment 24 #
2007/0229(COD)
Proposal for a directive
Article 2 – point (b)
Article 2 – point (b)
(b) "third- country worker" means, without prejudice to the interpretation of the concept of employment relationship in other EU legislation, any third-country national who has been admitted to the territory of a Member State, is legally resident and is allowed to work legallyin the context of a paid relationship under national law and /or in accordance with national practice in that Member State;
Amendment 37 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) by restriclimiting the rights conferred under paragraph 1(e) to third-country workers who are in employment except for un, with the exception of unemployment benefits for those whose entitlement is based on previous employment in the respective Member State, to third-country nationals who are in employment benefits.
Amendment 46 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 2 – point (e)
Article 12 – paragraph 2 – point (e)
(e) by restriclimiting the rights conferred under paragraphs 1(e) tofor third-country workers, but shall not restrict such rights for third- country workers who are in employment except for unemploymentor who have been employed for a minimum period of 6 months and who are registered as unemployed. In addition, Member States may decide that paragraph 1 (e) with regard to family benefits shall not apply to third-country nationals who have beenefits authorised to work on the territory of a Member State for a period not exceeding six months, to third-country nationals who have been admitted for the purpose of study or to third-country nationals who are allowed to work on the basis of a visa.
Amendment 49 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Third-country workers moving to a third country, or the survivors of such workers residing in a third-country deriving rights from the worker, shall receive, in relation to old-age, invalidity and death, statutory pensions based on the workers' previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004 under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third- country. Member States may make the application of this provision conditional to the existence of bilateral agreements in which the reciprocal export of pensions is acknowledged and a technical cooperation established.