1413 Amendments of Emilie TURUNEN
Amendment 107 #
2013/2045(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the crisis has led to a rise in precarious forms of employment for young people, with short-term and part- time contracts and unremunerated work placement schemes all too often replacing existing jobs; recognises that austerity policies have had a dramatic negative effect on employment and led to an increase in unemployment, particularly for young people;
Amendment 206 #
2013/2045(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages Member States to explore the great potential of using public expenditure to support youth employment, for example by introducing youth employment criteria such as quota for young workers or the provision of apprenticeships. Encourages the Commission to publish guidelines on youth employment criteria in the field of public procurement and state aid;
Amendment 249 #
2013/2045(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the European Commission to put forward a proposal for a European Youth Corps program with the purpose of giving young people under the age of 30 across Europe the possibility to do voluntary work in another Member State than their own for up to three months; notes that the idea of the European Youth Corps is to give young people the chance to use and upgrade their educational and social skills and increase young people's knowledge of another Member State and to promote friendship and integration across the EU; emphasises that work done by members of the Youth Corps must be voluntary and non-paid and may not replace existing jobs in the visited country; believes that a European Youth Corps should be conceived as a public- private partnership with the aim of setting up a program where young people can receive an individual grant which covers travel and living expenses for a maximum period of up to three months;
Amendment 135 #
2013/0314(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Therefore to ensure the proper functioning of the internal market and improve the conditions of its functioning, in particular with regard to financial markets, and to ensure a high level of consumer and investor protection, and ensure adequate supervision of wholesale markets and prevent market abuse, it is therefore appropriate to lay down a regulatory framework for benchmarks at Union level.
Amendment 150 #
2013/0314(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The critical determinant of the scope of this Regulation should be whether the output value of the benchmark determines the value of a financial instrument, financial contract or measures the performance of an investment fund. Therefore the scope should not be dependent on the nature of the input data. Benchmarks calculated from economic input data, such as share prices and non- economic number or values such as weather parameters should thus be included. The framework should cover those benchmarks subject to these risks, but should also provide for a proportionate response to the risks that different benchmarks pose. This Regulation should therefore cover all benchmarks which are used to price financial instruments listed or traded on regulated venues.
Amendment 157 #
2013/0314(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Benchmarks that are provided by central banks in the Union are subject to control by public authorities and meet principles, standards and procedures which ensure the accuracy, integrity and independence of their benchmarks as provided for by this Regulation. It is therefore not necessary that these benchmarks should be subject to this Regulation. However third country central banks may also provide benchmarks that are used in the Union. It is necessary to determine that only those central banks of equivalent third countries that produce benchmarks are exempted from the obligations under this Regulation that are subject to similar standards to those established by this Regulation.
Amendment 159 #
2013/0314(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) Benchmarks that are provided by national statistical authorities in the Union are subject to control by public authorities and meet principles, standards and procedures which ensure the accuracy, integrity and independence of their benchmarks as provided for by this Regulation. It is therefore not necessary that these benchmarks should be subject to this Regulation.
Amendment 168 #
2013/0314(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The integrity and accuracy of benchmarks depends on the integrity and accuracy of the input data provided by contributors. It is essential that the obligations of the contributors in respect of this input data are clearly specified, can be relied on and are consistent with the benchmark administrator's controls and methodology. It is therefore necessary that the benchmark administrator produces a code of conduct to specify these requirements and that the contributors are bound by that code of conduct regardless of where they are incorporated.
Amendment 171 #
2013/0314(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Many benchmarks are determined from input data that is provided by regulated venues, energy exchanges and emission allowance auctions. These venues are subject to regulation and supervision that ensures the integrity of the input data, provides for governance requirements and procedures for the notification of breaches. Therefore, provided they are sourced from venues subject to post-trade transparency requirements, including a third country market considered as equivalent to a regulated market in the Union, these benchmarks are released from certain obligations in order to avoid dual regulation and because their supervision ensures the integrity of the input data used.
Amendment 178 #
2013/0314(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The failure of certain critical benchmarks may have a significant impact on financial stability, market orderliness or investors and iin Member States or jurisdictions different from the Member State where the benchmark administrator is located. It is therefore necessary that additional requirements apply to ensure the integrity and robustness of these critical benchmarks. Where a benchmark references a significant value of financial instruments and is widely used on the international markets it will have such an impact. It is therefore necessary that the CommissionESMA in consultation with EBA and EIOPA determines thosewhich benchmarks that reference financial instruments above a certain threshold and should be considered critical benchmarks.
Amendment 182 #
2013/0314(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Contributors ceasing to contribute may undermine the credibility of critical benchmarks. In order to address this vulnerability, it is therefore necessary to include a power for the relevant competent authorityESMA to require mandatory contributions to critical benchmarks.
Amendment 191 #
2013/0314(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In some circumstances a person may provide an index but be unaware that this index is being used as a reference for a financial instrument. This is particularly the case where the users and benchmark administrator are located in different Member States. It is therefore necessary that competent authorities, whenever they become aware of the use of a benchmark in a financial instrument, notify a central coordinating authority such as ESMA, who should nosupervised entities shall only use a benchmark if this is provided by an authorised or registered administrator. If the administrator is not authorised or registered, the supervised entifty the administratorshall have the consent of the administrator in order to make use of the benchmark.
Amendment 197 #
2013/0314(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Therefore, a set of administrative measures, sanctions and fines should be provided for to ensure a common approach in Member States and to enhance their deterrent effect. Sanctions applied in specific cases should be determined taking into account where appropriate factors such as the repayment of any identified financial benefit, the gravity and duration of the breach, any aggravating or mitigating factors, the need for fines to have a deterrent effect and, where appropriate, include a reduction in return for cooperation with the competent authority. In particular, the actual amount of administrative fines to be imposed in a specific case may reach the maximum level provided for in this Regulation, or the higher level provided for in national law, for very serious breaches, while fines significantly lower than the maximum level may be applied to minor breaches or in case of settlement. The possibility to impose a temporary or permanent ban to exercise management functions within benchmark administrators or contributors should be available to the competent authority. This Regulation should not limit Member States in their ability to provide for higher levels of administrative sanctions.
Amendment 199 #
2013/0314(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Critical benchmarks may involves contributors, administrators andor users in more than one Member State. Thus, the cessation of the provision of such a benchmark or any events that may significantly undermine its integrity may have an impact in more than one Member State meaning that the supervision of such a benchmark by the competent authority of the Member State in which it is located alone will not be efficient and effective in terms ofshall be guaranteed by ESMA in consultation with EIOPA, EBA and the relevant competent authorities in order to addressing the risks that the critical benchmark poses. To ensure the effective exchange of supervisory information among competent authorities, coordination of their activities and supervisory measures, colleges of competent authorities should be formed. The activities of the colleges should contribute to the harmonised application of rules under this Regulation and to the convergence of supervisory practices. ESMA's legally binding mediation is a key element of the achievement of coordination, supervisory consistency and convergence of supervisory practices. Benchmarks may reference financial instruments and financial contracts that have a long duration. In certain cases such benchmarks may no longer be permitted to be provided once this Regulation comes into effect because they have characteristics that cannot be adjusted to conform to the requirements of this Regulation. However, prohibiting the continued provision of such a benchmark may result in the termination or frustration of the financial instruments or financial contracts and so harm investors. It is therefore necessary to make provision to allow for the continued provision of such benchmarks for a transitional period.
Amendment 203 #
2013/0314(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation introduces a common framework to ensurhance the accuracy and integrity of indices used as benchmarks in financial instruments and financial contracts in the Union. The Regulation thereby contributes to the proper functioning of the internal market while achieving a high level of consumer and investor protection.
Amendment 205 #
2013/0314(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to the provision of all benchmarks, the contribution of input data to a benchmark and the use of a benchmark within the Union.
Amendment 208 #
2013/0314(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(b a) National statistical authorities in the Union.
Amendment 243 #
2013/0314(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘'regulated data’' means input data that is sourced from venues subject to mandatory post-trade transparency requirements and that is contributed directly from a trading venue as defined in point (25) of paragraph 1 of Article 2 of [MIFIR] or approved publication arrangement as defined in point (18) of paragraph 1 of Article 2 of [MIFIR ] or an approved reporting arrangement as defined in point (20) of paragraph 1 of Article 2 of [MIFIR] in accordance with mandatory post trade data requirements or an electricity exchange as referred to in point (j) of paragraph 1 of Article 37 of Directive 2009/72/EC19 or a natural gas exchange as referred to in point (j) of paragraph 1 of Article 41 of Directive 2009/73/EC20 or an auction platform referred to in Article 26 or in Article 30 of Regulation (EU) No 1031/2010 of the European Parliament and of the Council; __________________ 19 20, or from a third country market considered as equivalent to a regulated market in accordance with Article 19(6) of Directive 2004/39/EC; __________________ 19 OJ L 211, 14.8.2009, p. 55. OJ L 211, 14.8.2009, p. 55. 20 OJ L 9, 14.8.2009, p. 112. OJ L 9, 14.8.2009, p. 112.
Amendment 252 #
2013/0314(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘'financial instrument’' means any of the instruments listed in Section C of Annex I to Directive 2004/39/EC for which a request for admission to trading on a trading venue has been made or which are traded on a trading venue;
Amendment 268 #
2013/0314(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
(21) ‘'critical benchmark’' means a benchmark,: 1) the majority of contributors to which are supervised entities and that reference financial instruments having a notional value of at least 500 billion euro; and 2) that is widely used on the international markets; ESMA shall asses which benchmarks are widely used on the international markets taking into account whether: a) the benchmark is significantly used to reference financial instruments in Member States or jurisdictions different from the Member State where the benchmark administrator is located; b) in the event that the benchmark were to cease to be provided, it would have significant adverse impact on the financial stability, or the orderly functioning of markets, or consumers, or the real economy in Member States or jurisdictions different from the Member State where the benchmark administrator is located;
Amendment 283 #
2013/0314(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Article 5 – paragraph 1 – subparagraph 1 – introductory part
The following governance requirements shall apply to the all administrators of benchmarks in the Union:
Amendment 297 #
2013/0314(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – introductory part
Article 7 – paragraph 1 – subparagraph 1 – introductory part
The provision of a benchmark shall be governed by the following requirements in respect of its input data and, methodology and privacy:
Amendment 316 #
2013/0314(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The administrator shall monitor the input data and contributorensure that the contributors have adequate systems and effective controls in order to identify breaches of the [Market Abuse Regulation] and any conduct that may involve manipulation or attempted manipulation of the benchmark and notify the relevant competent authority in accordance with Article 11(2) of the [Market Abuse Regulation] and provide all relevant information where it suspects that, in relation to the benchmark, there has been:
Amendment 324 #
2013/0314(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The administrator shall adopt a legally binding code of conduct for each benchmark clearly specifying the administrator's and contributors' responsibilities and obligations with respect to the provision of the benchmark which shall include a clear description of the input data to be provided, and at least the elements set out in Section D of Annex I.
Amendment 330 #
2013/0314(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The code of conduct shall be signed by the administrator and the contributors and shall, regardless of where they are incorporated, be legally binding on all parties to it.
Amendment 350 #
2013/0314(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
The Commission shall take into account the different characteristics of benchmarks and supervised contributors, notably in terms of differences in input data provided and methodologies used, the risks of manipulation of the input data and the nature of the activities carried out by the supervised contributors, and the developments in benchmarks and financial markets in light of international convergence of supervisory practices in relation to benchmarks as well as technological developments.
Amendment 383 #
2013/0314(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
Amendment 385 #
2013/0314(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 390 #
2013/0314(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Within 5 working days from the date of application of the decision including a critical benchmark in the list referred to in paragraph 1of this Article, the administrator of that critical benchmark shall notify the code of conduct to the relevant competent authority. The relevant competent authorityESMA. ESMA shall verify within 30 days whether the content of the code of conduct complies with the requirements of this Regulation. In case the relevant competent authorityESMA finds elements which do not comply with the requirements of this Regulation, it shall inform the administrator. The administrator shall adjust the code of conduct to ensure that it complies with the requirements of this Regulation within 30 days of such a request.
Amendment 396 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Where contributors, comprising at least 20% of the contributors to a critical benchmark have ceased contributing, or there are sufficient indications that at least 20% of the contributors are likely to cease contributing, in any year, the competent authority of the administrator of a critical benchmarkESMA shall have the power to:
Amendment 400 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. For a critical benchmark, the supervised entities that are required to contribute in accordance with paragraph 1 shall be determined by the competent authority of the administratorESMA on the basis of the following criteria:
Amendment 402 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 405 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 4 – introductory part
Article 14 – paragraph 4 – introductory part
4. The competent authority of the administratorESMA shall review each measure adopted under paragraph 1 one year following its adoption. It shall revoke it if:
Amendment 408 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a – point 1
Article 14 – paragraph 4 – point a – point 1
(1) a written commitment by the contributors to the administrator and the competent authorityESMA to continue contributing input data to the critical benchmark for at least one year if the mandatory contribution power were revoked;
Amendment 411 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a – point 2
Article 14 – paragraph 4 – point a – point 2
(2) a written report by the administrator to the competent authorityESMA providing evidence for its assessment that the critical benchmark’s continued viability can be assured once mandatory participation has been revoked.
Amendment 413 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The administrator shall notify the relevant competent authorityESMA in the event that any contributors breach the requirements of paragraph 1 of this Article as soon as is technically possible.
Amendment 424 #
2013/0314(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. An administrator shall publish the input data used to determine the benchmark immediately after publication of the benchmark except where publication would have serious adverse consequences for the contributors or adversely affect the reliability or integrity of the benchmark. In such cases publication may be delayed for a period that significantly diminishes these consequences. Any personal data included in input data shall not be publishedwithout the name of the contributors. Complete contribution of input data, including the name of the contributors, shall be published within a 3-months delay, delay that can be extended by the administrator where publication would have serious adverse consequences for the contributors or adversely affect the reliability or integrity of the benchmark. Administrators shall publish their pricing and royalty policy in sufficient detail to show no undue cross-subsidy on revenue generation.
Amendment 447 #
2013/0314(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the supervised entity considers, on the basis of the assessment under paragraph 1, that the benchmark is not suitable for the consumer, the supervised entity shall warn the consumer in writing with reasonsnot enter into such a financial contract with the consumer.
Amendment 507 #
2013/0314(COD)
Proposal for a regulation
Article 25
Article 25
Amendment 521 #
2013/0314(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Initial use of an index as a benchmark Before an index is used by a supervised entity as a benchmark in the Union, the entity shall verify that the provider of the relevant index is referenced on the website of ESMA as an authorised or registered administrator in accordance with this Regulation. If this is not the case, the entity shall notify the provider of the relevant index providing full details of its intended use and requesting the provider of the index to confirm that it consents to the intended use of the index within 10 working days. In such circumstances, the index cannot be used by the entity as a benchmark in the Union without the prior consent of the provider of the index. In case of conflict, the national competent authority and ESMA shall be notified.
Amendment 535 #
2013/0314(COD)
Proposal for a regulation
Article 31 – paragraph 2 – introductory part
Article 31 – paragraph 2 – introductory part
2. In case of a breach referred to in paragraph 1, Member States shall, in conformity with national law, confer on competent authorities the power apply at least the following administrative measures and sanctions, without prejudice to civil suits brought by third parties in case of losses related to breaches:
Amendment 536 #
2013/0314(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point e
Article 31 – paragraph 2 – point e
(e) a temporary or permanent ban prohibiting any natural person, who is held responsible for such breach, from exercising management functions in administrators or contributors;
Amendment 540 #
2013/0314(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point g a (new)
Article 32 – paragraph 1 – point g a (new)
(ga) actual or potential losses incurred on users due to the breach
Amendment 545 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Within 30 working days from the entry into force of the decision referred to in Article 13(1) determining a benchmark as critical benchmark, the competent authorityESMA shall establish a college of competent authorities.
Amendment 547 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Competent authorities of other Member States shall have the right to be member of the college where the critical benchmark is significantly used to reference financial instruments and, if that critical benchmark were to cease to be provided, it would have a significant adverse impact on the financial stability, or the orderly functioning of markets, or consumers, or the real economy of those Member States
Amendment 549 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2
Article 34 – paragraph 3 – subparagraph 2
Where a competent authority intends to become a member of a college pursuant to the first subparagraph, it shall submit a request to the competent authority of the administratorESMA containing evidence that the requirements of that provision are fulfilled. The relevant competent authority of the administratorESMA shall consider the request and notify the requesting authority within 20 working days of receipt of the request whether or not it considers those requirements to be fulfilled. Where it considers those requirements not to be fulfilled, the requesting authority may refer the matter to ESMA in accordance with paragraph 10.
Amendment 552 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The competent authority of the administratorESMA shall chair the meetings of the college, coordinate the actions of the college and ensure efficient exchange of information among members of the college.
Amendment 554 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 6 – subparagraph 1 – introductory part
Article 34 – paragraph 6 – subparagraph 1 – introductory part
Amendment 556 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 6 – subparagraph 2
Article 34 – paragraph 6 – subparagraph 2
Where the administrator provides more than one benchmark, the competent authority of the administrator may apply to ESMA to establish a single college in respect of all the benchmarks provided by that administrator.
Amendment 557 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 7
Article 34 – paragraph 7
7. In the absence of agreement concerning the arrangements under paragraph 6, any members of the college, other than ESMA, may refer the matter to ESMA. The competent authority of the administrator shall give due consideration to any advice provided by ESMA concerning the written coordination arrangements before agreeing their final text. The written coordination arrangements shall be set out in a single document containing full reasons for any significant deviation from the advice of ESMA. The competent authority of the administratorESMA shall transmit the written coordination arrangements to the members of the college and to ESMA.
Amendment 559 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 8 – subparagraph 1
Article 34 – paragraph 8 – subparagraph 1
Before taking any measures referred to in Article 14, 23, 24 and 31 the competent authority of the administrator shall consult the members of the college. The members of the college shall do everything reasonable within their power to reach an agreement.
Amendment 561 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 8 – subparagraph 2
Article 34 – paragraph 8 – subparagraph 2
Any decision of the competent authority of the administrator to take such measures shall take account of the impact on the other competent authorities and their respective Member States, in particular the potential impact on the stability of the financial system in any other Member States concerned. Before taking any measures referred to in Article 14 ESMA shall consult the members of the college. The members of the college shall do everything reasonable within their power to reach an agreement.
Amendment 563 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 9
Article 34 – paragraph 9
9. In the absence of agreement between the members of the college on whether to take any measures referred to in paragraph 8, within 15 working days after the matter was notified to the college, the competent authority of the administratorESMA may adopt a decision. Any deviation of that decision from the opinions expressed by the other members of the college and, where appropriate, ESMA shall be fully reasoned. The competent authority of the administratorshall be fully reasoned. ESMA shall notify its decision, without undue delay, to the college and ESMA.
Amendment 564 #
2013/0314(COD)
Proposal for a regulation
Article 34 – paragraph 10
Article 34 – paragraph 10
Amendment 577 #
2013/0314(COD)
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article 39 a By 31 December 2014, ESMA shall access the staffing and resources needed arising from the assumptions of its powers and duties in accordance with this regulation and make a report the EP, the council and the EC.
Amendment 614 #
2013/0314(COD)
Proposal for a regulation
Annex 1 – section 1 – part IV – point 19
Annex 1 – section 1 – part IV – point 19
19. The administrator shall keep the records set out in point 18(a-e) for at least five years in such a form that it is possible to replicate and fully understand the benchmark calculations and enable an audit or evaluation of the input data, calculations, judgements and discretion. Records shall be kept for at least 10 years where financial instruments of long duration rely on the benchmark Records of telephone conversation or electronic communications recorded in accordance with point 18(f) shall be provided to the persons involved in the conversation or communication upon request and shall be kept for a period of threfive years.
Amendment 107 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. Article 6 and 7 shall not apply to domestic debit card schemes that operate with an average interchange fee or net compensation model which is verifiably below the threshold value in article 3 and 4.
Amendment 377 #
2013/0264(COD)
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
4. However, Member States shall ensure that, when national authorities have established that the conditions for effective competition have been effected, the payee shall not request charges for the use of payment instruments for which interchange fees are regulated under Regulation (EU) No [XX/XX/XX/] [OP please insert number of Regulation once adopted]
Amendment 145 #
2013/0139(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The fee terminology should be determined by national competent authorities, allowing for consideration of the specificities of local markets. To be considered representative, services should be subject to a fee or offered free of charge at a minimum of one payment service provider in Member States. In addition, where possible, fee terminology should be standardised at EU level, thus allowing for comparison across the Union. The European Banking Authority (EBA) should establish guidelines to assist Member States to determine the most representative payment services, subject to a fee or offered free of charge, at national level.
Amendment 149 #
2013/0139(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Once national competent authorities have determined a provisional list of the most representative services subject to a fee or offered free of charge at national level together with terms and definitions, the Commission should review them to identify, by means of delegated acts, the services that are common to the majority of Member States and propose standardised EU level terms and definitions for them.
Amendment 201 #
2013/0139(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to ensure that basic payment accounts are available to the widest possible range of consumers, they should be offered free of charge or for a reasonable fee. Furthermore, any additional charges to the consumer for non- compliance with the terms laid down in the contract should be reasonable. Member States should establish what constitutes a reasonable charge according to national circumstances and never higher than the fees of the regular pricing policy of the provider. Payment service providers should be required to ensure that, among the products they offer, the payment account with basic features is always the most affordable account for carrying out basic payment transactions. There should be a reasonable upper limit for the total amount of fees charged in a year by a payment service provider to the consumer for the operation of a payment account with basic features. Member States should establish what constitutes a reasonable charge, and a reasonable upper limit for the total amount of fees in a year, according to national circumstances, inter alia with regard to the average income of people living at risk of poverty or social exclusion. In order to ensure consistency and efficiency in the implementation of the principle of a reasonable charge, the EBA should be tasked with issuing guidelines as regards the general criteria identified in this Directive.
Amendment 249 #
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 2015 payment services accounting for at least 890% of the most representative payment services, subject to a fee at national level. The listor offered free of charge, at national level. The list, to be made clear and concise, shall contain terms and definitions for each of the services identified.
Amendment 284 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that payment service providers do not apply any fees that are not explicitly mentioned in the fee information document.
Amendment 372 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that consumers have free access to at least one website comparing fees charged and interest rates applied by payment service providers for services offered on payment accounts at national level in accordance with paragraphs 2 and 3.
Amendment 649 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. Member States shall establish a reasonable upper limit for the total amount of fees charged in a year by a payment service provider to the consumer for the services listed in Article 16(1).
Amendment 652 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. Member States shall ensure that the competent authorities establish what constitutes a reasonable fee, as well as a reasonable upper limit for the total amount of fees charged in a year, according to one or several of the following criteria:
Amendment 141 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3 a (new) – point a
Article 1 – point 3 a (new) – point a
Directive 2013/34/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
(3a)Article 18 is amended as follows: (a) The following paragraph is inserted: '2a. In the notes to the financial statements large undertakings and all public-interest entities shall disclose, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year: a) name(s), nature of activities and geographical location; b) turnover; c) number of employees on a full time equivalent basis; d) value of assets and annual cost of maintaining those assets; e) sales and purchases; f) profit or loss before tax; g) tax on profit or loss; h) public subsidies received; i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.’
Amendment 121 #
2013/0025(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and make this information available to competent authorities and obliged entities. In addition, trustees should declare their status to obliged entitbeneficial ownership information on companies and trusts is available through public registries.
Amendment 214 #
2013/0025(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
A percentage of 2510% plus one share shall be evidence of ownership or control through shareholding and applies to every level of direct and indirect ownership;
Amendment 288 #
2013/0025(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall prohibit their credit and financial institutions from keeping anonymous accounts or, anonymous passbooks or issuing anonymous payment cards. Member States shall in all cases require that the owners and beneficiaries of existing anonymous accounts or, anonymous passbooks or anonymous payment cards be made the subject of customer due diligence measures as soon as possible and in any event before such accounts or passbooks are used in any way.
Amendment 331 #
2013/0025(COD)
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Obliged entities must identify the customer and the beneficial owner(s) of their customers in accordance with Article 11(a) and (b) before identifying a business relationship as lower risk.
Amendment 362 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that corporate or legal entities established within their territory obtain and hold adequate, accurate and current information on their beneficial ownershipinformation on the following: (a) basic information: the company name, company number, proof of incorporation, legal form and status, the address of the registered office (and of the principle place of business if different from the registered office), the basic regulating powers (e.g. memorandum & articles of association), a list of directors (including their nationality and date of birth). (b) a list of its shareholders or members, containing the names of the shareholders and members, and number of shares held by each shareholder, and categories of shares (including the nature of the associated voting rights). For shareholders who are natural persons the list shall include their name, date of birth and nationality. For shareholders who are corporate or legal entities, the list shall include their name, company number and jurisdiction of incorporation. (c) if a company's beneficial owner is different from its shareholders, a list of the beneficial owner(s), including their name, date of birth, nationality and country of residence. If relevant, this list should include their proportion of shareholding or control.
Amendment 381 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member states shall ensure that the information referred to in paragraph 1 is adequate, accurate and up-to-date. If any of the information changes, the corporate or legal entity must update the registry within 30 days. There should be appropriate administrative sanctions for natural and legal persons who provide fraudulent information in line with Section 4 of this Directive.
Amendment 390 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member Sstates shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entitiescompany registers are accessible online to the public, in open data format.
Amendment 397 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that trustees of any express trust governed under their law obtain and hold adequate, accurate and current information on beneficial ownership regarding the trust. This information shall include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. The information held should include the date of birth and nationality of all individuals.
Amendment 400 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member Sstates shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10all express trusts governed under their law are listed in a registry of trusts.
Amendment 403 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member Sstates shall ensure that the information referred tocollected in paragraph 1 of this Articlis submitted to the register by the trustee can be accessed in a timely manner by competent authorities and by obliged entitiesd that it is adequate, accurate and up-to- date. There should be appropriate administrative sanctions for individuals who provide fraudulent information in line with Section 4 of this Directive.
Amendment 407 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. Member states shall ensure that trust registers are accessible online to the public, in open data format.
Amendment 408 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 4 b (new)
Article 30 – paragraph 4 b (new)
4b. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10.
Amendment 410 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 4 c (new)
Article 30 – paragraph 4 c (new)
4c. Member States shall ensure that measures corresponding to those in paragraphs 1, 2 and 3 apply to other types of legal entity and arrangement with a similar structure and function to trusts.
Amendment 535 #
2013/0025(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 2 – point b
Annex 3 – paragraph 1 – point 2 – point b
(b) products or transactions that might favour or allow for anonymity;
Amendment 8 #
2012/2256(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the disparity in the unemployment rates between the Member States has grown dramatically however;
Amendment 10 #
2012/2256(INI)
Motion for a resolution
Recital C
Recital C
C. whereas it should be recalled that, in 2007, at the start of the crisis, the average public deficit for the euro area stood at only 0.6 % and was on a declining path towards equilibrium; overall balanced budgets; whereas insufficient counter-cyclical efforts were made during the good years as the debt bubble contributed to increasing artificially public revenues in a non sustainable way in several Member States;
Amendment 13 #
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 manyseveral Member States, has been triggered by the reaction of governments to the crisis, in the absence of European anticyclical instruments and more specifically by the subsequent socialisation of costs arising from extraordinary public support granted to the financial sector as well as the need to trigger automatic stabilizers, whereas the absence of European anticyclical instruments and asymmetric shock absorbers has created negative externalities and spill-over effects and has not contributed to alleviate the overall situation;
Amendment 25 #
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 causedstrongly contributed to a reversal of the mild recovery of 2010 resulting from the premature and massive tightening of fiscal policy in combination with the ongoing deleveraging process, with contractionary effects across Member States that still persist;
Amendment 34 #
2012/2256(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Commission forecasts for 2012 have been successively revised downwards from 1.8 % in spring 2011 to - 0.4 % in autumn 2012 for 2012; whereas in its autumn forecasts the Commission predicts a GDP growth of a mere 0.1 % for 2013; whereas there are serious doubts as to the accuracy ofwnside risks to these 2013 forecasts, since inter alia they are likely to be based on an underestimated fiscal multiplier, thereby underestimatbiasing the negative effect of current fiscal contraction on economic growth;
Amendment 41 #
2012/2256(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the size of fiscal multipliers in bad economic times and more specifically in the aftermath of severe financial crises can be 2 to 34 times higher than in normal economic times, when the output gap is close to zero;
Amendment 55 #
2012/2256(INI)
Motion for a resolution
Recital J
Recital J
J. whereas this fiscal tightening strategy forces down demand,reduces aggregate demand, and creates downward pressures on wages and prices while driving up unemployment;
Amendment 68 #
2012/2256(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas HIPC rates show significant differences across the EMU;
Amendment 81 #
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; whereas primary surpluses have generally improved;
Amendment 83 #
2012/2256(INI)
Motion for a resolution
Recital O
Recital O
O. whereas sovereign interest rates show unprecedented divergences within the euro area and remain at unsustainable levels for certain Member States; whereas the OMT announcement has had non-negligible effects in the reduction of interest-rate spreads;
Amendment 92 #
2012/2256(INI)
Motion for a resolution
Recital P
Recital P
P. whereas surplus countries should have been asked to share the adjustment burden by stimulating their internal demand, notably by adjusting wages and by stimulating investments oriented towards sustainable growth enhancing sectors as well as by increasing overall capital and resource productivity;
Amendment 107 #
2012/2256(INI)
Motion for a resolution
Recital R
Recital R
R. whereas lending to the private sector remains weak and private credit flows are subdued in several Member States;
Amendment 110 #
2012/2256(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the contributing capacity of taxpayers is almost exhausted in several Member Statput under serious pressure in several Member States whereas there is however scope for a fairer and more balanced distribution of efforts in all Member States so as to alleviate the tax burden on labour and increase the burden on polluting activities an more generally on activities originating costly negative externalities; whereas the European shadow economy is estimated to represent 22.1 % of total economic activity and the resulting loss of tax to be around EUR one trillion each year;
Amendment 123 #
2012/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the recognition in the AGS 2013 that growtha comprehensive shift towards sustainable growth enhancing and green job rich sectors and activities is necessary in order to exit the crisis, but doubts whetheris however circumspect on 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 EU and the euro area;
Amendment 129 #
2012/2256(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the commitments made by the Commission in the framework of its 'blueprint for the future of the EMU" regarding the adoption of proposals for the gradual establishment of an EMU fiscal capacity aiming at fostering solidarity and creating an EU couter- cyclical and shock absorption function; deems that such proposals need to be truly ambitious and far reaching regarding their size and scope;
Amendment 130 #
2012/2256(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Looks forward to the forthcoming steps announced by the Commission as a follow-up to the review clause of the 'two pack' on public finances quality;
Amendment 131 #
2012/2256(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Welcomes the provision agreed on the 'two pack' regarding a more qualitative surveilance and assessment of public finances as well as cost-benefits assessments of public investments;
Amendment 132 #
2012/2256(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Welcomes the provisions agreed in the two pack enhancing the economic dialogue and the overall scrutiny on the Semester process of National Parliaments and the European Parliament;
Amendment 135 #
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-ignite growth as soon as possible;.uncil and the Commission to assess thoroughly the option of spreading fiscal adjustment over a longer period, in light of the current macroeconomic context and negative spillover effects as well as in light of the principle of differentiated, smart and growth-friendly fiscal consolidation in the Member States thereby providing additional temporary room for manoeuvre to re-ignite sustainable growth so as to make full use of the flexibility foreseen in times of economic downturn by the updated Growth and Stability Pact;
Amendment 143 #
2012/2256(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points to the potential positive spill- over effects on Member States in severe economic difficulties if Member States with relatively strong public finances are allowed to invest in a coordinated and responsible manner; believes that this could be an important element for a common economic recovery coordinated in the context of the European Semester;
Amendment 149 #
2012/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to admit the self-defeating natureput forward in its next AGS an overall cost-benefit assessment of the policy-mix implemented across the Union, taking proper account as appropriate of counter-productive effects of the prevailing policy stancemix and to revise its horizontal policy recommendations for next year, as contained in its AGS;
Amendment 157 #
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 downplayed by the Commission, 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 canestimations may lead to massive policy mistakes; calls on the Commission, therefore, rapidly to open its macroeconomic modelling and forecasting to serious and systematic scrutiny by independent institutes on a regular basiwelcomes therefore, the agreement reached in the two-pack negotiations on the full disclosure of the Member States and Commission models and assumptions underpinning macroeconomic forecasts and the scrutiny role provided to independent fiscal councils regarding these assumptions;
Amendment 183 #
2012/2256(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Looks forward in that respect to the Commission report on the quality of public spending and the review of the scope for possible action within the boundaries of the EU framework regarding the qualification of investment programmes.
Amendment 184 #
2012/2256(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Recalls its demand that the consolidation strategy should also target the revenue side of the budgets of the Member States; insists that the necessary investments cannot in the current economic situation be financed solely by increased public debt; underlines therefore that investments must be financed by new, smart tax sources;
Amendment 185 #
2012/2256(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses, in particular, that consolidation measures on the revenue side should be focused on decreasing tax expenditures that create unproductive niches or inefficient rent-seeking behaviours, on decreasing environmentally harmful subsidies, as well as on creating environmental taxes targeting the source of negative externalities and which can bring double dividends in so far as they improve the budgetary situation and help fulfilling the objectives set in the EU2020 strategy;
Amendment 194 #
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 competentrehensive interpretation and application of the macroeconomic imbalances exercise and by making sure the these recommendations are not merely repetition of the stability and convergence programmes;
Amendment 199 #
2012/2256(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that these recommendations defer significantly on their scope and quality from one Member State to another; believes that further proposals regarding the setting-up of standards and procedures for the elaboration and follow-up of NRP and CSRs would be welcomed in the framework of the Commission blueprint for a genuine EMU;
Amendment 206 #
2012/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to agree on a enhanced Multiannual Financial Framework (MFF) as a matter of urgency, ensuring that its role is reinforced as a source of much- needed long-term investment in sustainable growth enhancing and green job rich sectors and activities;
Amendment 212 #
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 calls on member States to implement diligently a Youth Guarantee scheme and more generally asks for the adoption of an overarching Social Pact as referred to in the 'Thyssen' report on the Genuine EMU;
Amendment 214 #
2012/2256(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the European Council to foster progress on the implementation of the Youth Guarantees in the European Semester process;
Amendment 218 #
2012/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls also on the Commission to come forward with a holistic approach to tackling growthsustainable growth and the EU2020 objectives, which should include a genuine European industrial policy and the guarantee that Europe will use all its strength and influence in its external trade relations; calls on the Commission to exploit to the full the sources of growth stemming from trade with third countries and establish reciprocity as appropriate as well as fair trade; calls on the Commission to include strong social clauses in trade agreements on the basis of International Labour Organisation labour standards and to take proper account of the overarching urgency to fight against climate change at all levels;
Amendment 233 #
2012/2256(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Takes note of the addition of a new indicator to the scoreboard for macroeconomic imbalances regarding the financial sector; deplores that the Commission did not respect the procedure foreseen in the Regulation (EU) No 1176/2011 according to which: "the Commission should closely cooperate with the European Parliament and the Council when drawing up the scoreboard and the set of macroeconomic and macrofinancial indicators for Member States" and more specifically according to which the Commission should present suggestions for comments to the competent committees of the European Parliament and of the Council on plans to establish and adjust the indicators and thresholds";
Amendment 234 #
2012/2256(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Points out that besides procedural issues involved it is not unequivocally clear that from among a number of financial sector indicators possible, this specific indicator is the best choice. E.g. the ESRB opinion of December 2011 seems to argue against this kind of leverage based financial indicator as chosen by the Commission;
Amendment 235 #
2012/2256(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Reminds the Commission that in order to build interinstitutional trust and a high quality economic dialogue it is of paramount importance to respect the procedure foreseen in Regulation (EU) No 1176/2011 more faithfully in the future;
Amendment 236 #
2012/2256(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission to add social indicators into the scoreboard for the correction of macro-economic imbalances such as income inequality and labour market participation; as well as indicators on resource efficiency and productivity;
Amendment 237 #
2012/2256(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Regrets that the threshold retained so far regarding on current account (+6%, - 4%) abolish the principle of symmetry and openly favours on an ex ante basis Member States with current account surpluses;
Amendment 238 #
2012/2256(INI)
Motion for a resolution
Paragraph 14 f (new)
Paragraph 14 f (new)
14f. Is of the opinion that the current focus on unit labour costs should be calibrated and refined so as to provide more granularity given that unit labour costs calculated with aggregate data are not just a weighted average of the firms' unit labour costs; point out that it may well be that profit rates grow (fall) faster (more slowly) than capital productivity with a consequent increase in unit capital costs, hence also reducing competitiveness;
Amendment 239 #
2012/2256(INI)
Motion for a resolution
Paragraph 14 g (new)
Paragraph 14 g (new)
14g. Point out that the statistical data shows clear evidence that capital productivity has experienced a clear downward trend across the EU over the last decade affecting therefore negatively competitiveness; deems therefore that it would be appropriate to add an indicator on unit capital costs to the scoreboard on macroeconomic imbalances;
Amendment 240 #
2012/2256(INI)
Motion for a resolution
Paragraph 14 h (new)
Paragraph 14 h (new)
14h. Points out that aggregate unit labour costs reflect the distribution of income between wages and profits which has overall implications in regarding aggregate demand; notes in that respect that no lower threshold has been retained so far for unit labour costs in the scoreboard for macroeconomic imbalances; deems that such a lower threshold would be appropriate if he objective is to survey whether wages evolve in line with productivity;
Amendment 247 #
2012/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to present a Tax Pact including inter alia concrete proposals to improve the fight against tax fraud and tax evasion as well as tax planning, including in relation to third countries, as an essentialdeems that such measures would be key tools for a fairer distribution of the fiscal effort and for increasing Member States' revenue;
Amendment 259 #
2012/2256(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission and Council to enter into an Interinstitutional Agreement with the Parliament in order to give the Parliament a full role in the drafting and approval of the Annual Growth Survey and the Economic Policy and Employment Guidelines;
Amendment 262 #
2012/2256(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Recalls its invitation to the Commission to publish its methodology underpinning the assessment of the structural balances of the Member States, as well as the changes introduced in this methodology since 2008 and the impact of those changes in the assessment of the structural balances of the Member States;
Amendment 263 #
2012/2256(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Calls on the Member States to ensure that negative effects of fiscal consolidation on gender equality, female employment and poverty are reversed by adopting a gender mainstreaming approach in national budgets, addressing stronger gender-specific recommendations to Member States, and disaggregating the EU 2020 headline targets and the corresponding national targets by gender.
Amendment 275 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 1
Annex - Part 1 – paragraph 1
1. The fiscal consolidation should be delayed and spread in due respect of current EU fiscal rules. Instead of nearly 130 billion euros of consolidation effort for the whole euro area, a more balanced fiscal consolidation of 0.5 point of GDP, in accordance with treaties, the SGP and even the fiscal compact, would give for 2013 alone a concrete margin for manoeuvre of more than 85 billion euros. By merely delaying and capping the path of consolidation, the average growth for the Eurozone between 2013 and 2017 may be improved by 0.7 point per year.
Amendment 284 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 2
Annex - Part 1 – paragraph 2
2. The speculationunsustainable spreads on the sovereign debt of Member sStates must be stopped. The European Stability Mechanism (ESM) must be brought as soon as possible into the community management structure with the ECB as a backstop;
Amendment 288 #
2012/2256(INI)
Annex - Part 1 – paragraph 3
3. The persistent and long-lasting cumulative imbalances that have been increasing throughout the functioning of the common currency due to the asymmetric impact of shocks and common policies across different economies need to be adequately addressed through specific convergence Community instruments and targets to foster the sustainability and competitiveness of laggingEU economies, in particular by increasmproving the conditions for triggering investments in sustainable growth- enhancing investment in the latterand green job rich sectors and activities.
Amendment 292 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 4
Annex - Part 1 – paragraph 4
4. Lending by the European Investment Bank so as to target sustainable growth enhancing and green job rich sectors and activities must be significantly increased as well as other measures (notably the use of structural funds and project bonds), so as to genuinely advance the European Union growth agenda. The Compact for Growth and Jobs has to be urgently transformed into concrete investments.
Amendment 295 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 5
Annex - Part 1 – paragraph 5
5. Legal initiatives and policy instruments have to be diligently implemented so that credit flow to the real economy is re- established. Companies, especially SMEs, need to have access to financing and the conditions for such financing should be similar inside the Internal Market, more so inside the eurozone.
Amendment 299 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 6
Annex - Part 1 – paragraph 6
6. A close coordination of economic policies must aim at reducing internal imbalances including the continuous downward trend in capital productivity in the EU and in the Eurozone in particular. The adjustment must not only rely on deficit countries. Surplus countries must also take measures to boost their internal demand and receive recommendations from the Commission accordingly.
Amendment 300 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 6a (new)
Annex - Part 1 – paragraph 6a (new)
6a. A deeper coordination of economic policy should also address the continuous downward trend in capital productivity by a set of policy instruments aiming at increasing capital productivity and a proper surveillance of capital productivity developments. As a complement for a more granular surveillance of Unit Labour Costs it is therefore critical to survey Unit Capital Costs.
Amendment 317 #
2012/2256(INI)
Motion for a resolution
Annex - Part 3 – paragraph 3 – point 5
Annex - Part 3 – paragraph 3 – point 5
5. Strengthening regulation and transparency of company registries and registers of trusts and foundations
Amendment 322 #
2012/2256(INI)
Motion for a resolution
Annex - Part 3 – paragraph 3 – point 5a (new)
Annex - Part 3 – paragraph 3 – point 5a (new)
5a. Review the Directives on Interest and Royalties, Mergers and Parent- Subsidiary;
Amendment 323 #
2012/2256(INI)
Motion for a resolution
Annex - Part 3 – paragraph 3 – point 5b (new)
Annex - Part 3 – paragraph 3 – point 5b (new)
5b. Adopt a blacklist of tax havens, based on: (a) whether advantages are accorded only to non-residents or in respect of transactions carried out with non- residents, or cb) whether advantages are ring-fenced from the domestic market, so they do not affect the national tax base, or (c) whether advantages are granted even without any real economic activity and substantial economic presence within the third country offering such tax advantages, or (d) whether the rules for profit determination in respect of activities within a multinational group of companies departs from internationally accepted principles, notably the rules agreed upon within the Organisation for Economic Co-operation and Development, or (e) whether the tax measures lack transparency, including where legal provisions are relaxed at administrative level in a non-transparent way.
Amendment 4 #
2012/2150(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the economic, social, financial and sovereign debt crises have not yet abated, whereas the current severe economic downturn is a matter of concern as it threatens the substantial efforts made by Member States regarding their budgetary consolidation;
Amendment 13 #
2012/2150(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the Commission's country- specific recommendations for the euro area; expects these recommendations to form the basis of the Spring Council's recommendations;
Amendment 21 #
2012/2150(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the European Semester allows for ex ante surveillance and coordination in the euro area context, both via the transmission of draft budget plans and the discussion of major economic policy reform plans, in order to take into account of, and reduce, negative spill-over effects from national actions on other countries or on the euro area as a whole;
Amendment 25 #
2012/2150(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is confidentExpects that the measures proposed are conducive to sustainable public finances, increased competitiveness, higher sustainable growth and improved employment;
Amendment 34 #
2012/2150(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the Commission's insistence on conducting growth-enhancing structural reforms to allow the EU to get to grips with the crisis and regain its preeminent role in the world economy; supports the Commission's efforts to correct the macroeconomic imbalances within the euro area; underlines that a more resilient EMU requires as a matter of urgency a sustained and symmetric reduction of excessive macroeconomic imbalances;
Amendment 37 #
2012/2150(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Looks forward for the dedicated study from the Commission on the interlinkages between deficits and surpluses in the euro area announced for the autumn 2012;
Amendment 38 #
2012/2150(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Asks the Commission to draw up proposals in order to refine and update the scoreboard for the surveillance of macroeconomic imbalances as committed when the first version of the scoreboard was adopted so as to include specific indicators related to financial imbalances; believes that such indicators should scrutinize net and gross flows as both are relevant for monitoring the building up of excessive financial imbalances;
Amendment 54 #
2012/2150(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Observes that current Country Specific Recommendations put an unbalanced weight on the need to reduce wages, social security expenditure and reform public pension frameworks whereas specific recommendations relating to other domains such as taxes on capital gains, consumption, real estate and polluting activities are largely underweighted.
Amendment 57 #
2012/2150(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Points out that structural reforms can only yield in the long term and cannot per se solve the recessionary spiral in which the EU is currently trapped;
Amendment 60 #
2012/2150(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Recalls its demands to the Council and the Commission to preserve sufficient policy space for Member States regarding the definition and implementation of measures conducive to the EU overarching objectives;
Amendment 61 #
2012/2150(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Underlines that Commission recommendations addressed to several Member States have little added value to the respective Stability/Convergence programmes and National Reform Programmes; points out that Commission recommendations need to add elements regarding the implementation of committed measures as well as on the assessment of progress made towards agreed objectives and targets instead of simply recalling National priorities.
Amendment 69 #
2012/2150(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Member States to stricmartly follow the rules set by the Stability and Growth Pact, as modified by the ‘'six- pack’', in order to render public finances more resilient, ensure that the European economy becomes more sustainable and reduce the pressure from the banking sector regarding refinancing conditions; expects the Commission and the Council to enforce these rules in a strict mannerdifferentiated manner taking into account country specific circumstances; firmly believes that fiscal discipline and fiscal institutions should be strengthened at both national and sub-national level and that government expenditure should be shifted towardsfocused on long- term investment, which would foster sustainable growth;
Amendment 71 #
2012/2150(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Deems that the current recessionary spiral in the euro area requires more resolute action from the Commission in order to fully and proactively use the flexibilities embedded in EU fiscal rules allowing for a differentiated path of budgetary consolidation and taking into account country specific circumstances and necessary investments in future- oriented areas as laid out in the EU2020 strategy;
Amendment 74 #
2012/2150(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes that in many countries there is little or no progress in achieving the social and environmental targets of the EU2020 strategy whereby EU as whole is not on track to fulfil the EU2020 objectives; emphasizes therefore the need to prioritize policy instruments fostering these objectives;
Amendment 76 #
2012/2150(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Expresses its concern about the fact that Member States under a financial assistance programme did not receive country-specific recommendations regarding progress towards the EU2020 objectives; calls on the Commission to assess the impact of the economic adjustment programme on progress towards the EU2020 headline targets and propose modifications to it to bring the adjustment programme in line with the EU2020 objectives;
Amendment 80 #
2012/2150(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the end of excessive deficit procedures for several Member States; hopes that more procedures can be brought to an end in the near future whenever the macroeconomic conditions allow it;
Amendment 87 #
2012/2150(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomesTakes note of the ratification of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union by a growing number of the 25 Member States that signed it; urges all other Member States to ratify the Treaty as soon as possible; lauds the positive outcome of the Irish referendum on that Treaty;
Amendment 91 #
2012/2150(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges all parties involved to speedily agree on the ‘two-pack’ to complement current legislation adopted in co-decision; urges all parties involved not to dilute Council conclusions shortly aftercalls on Council for the swift agreement with Parliament and immediate application of the proposal for the strengthening of surveillance of Member States in serious difficulties, including a social impact assessment and full consistency of they are adopteddjustment programmes with the broad economic policy guidelines;
Amendment 98 #
2012/2150(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Lauds the economic dialogue held so far between Parliament and nNational representatives, and wishes to conduct further dialogues; believes that economic dialogues constitutes a milestone towards enhanced democratic accountability regarding economic policy surveillance and coordination within the EMU;
Amendment 102 #
2012/2150(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the 'comply or explain' principle introduced by the 'six pack' regarding Country Specific Recommendations; believes that such a clause will increase the transparency and scrutiny of the EU Semester process;
Amendment 105 #
2012/2150(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the need to strengthen the working methods of the Eurogroup; so as to increase its overall accountability towards the European Parliament;
Amendment 109 #
2012/2150(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reiterates its urgent call to take action to improve the stability of the financial system in the euro area and to foster the creation of a genuine Economic and Monetary Union built on enhanced democratic legitimacy and accountability;
Amendment 113 #
2012/2150(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that the recommendations by the Commission are a contribution to the Spring Council and that this procedure is not a legislative one; recalls its previous demands to treat the EU Semester as a quasi co-decision file; calls therefore on the Commission to agree with the Parliament on a format of the Annual Growth Survey that allows Parliament to propose amendments that can be considered by the Council before adoption, so as to ensure that a transparent process of inter-institutional decision-making ends in commonly agreed democratically legitimate policy guidance;
Amendment 114 #
2012/2150(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reiterates its call in the framework of the forthcoming Annual Growth Survey for a encompassing sustainable growth initiative aiming at promoting long term investments and complementing the required structural reforms for the transformation of the European economy and a green job rich recovery; points out that transversal and ambitious reforms need to be carried on with that purpose on domains such as EU energy, transportation and environmental law;
Amendment 117 #
2012/2150(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the Commission and the Council to agree on concrete measures to improve participation and involvement of social partners, NGOs and local authorities in the formulation and implementation of policies in the framework of the European Semester both at national and at European level; welcomes that the Cypriot Presidency has identified this challenge as one of its priorities;
Amendment 7 #
2012/2067(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that consumers have a right to effective and equal protection regardless of their mode of transport; calls for onmore single regulation comprising alltegration of the provisions and principles of passenger rights in the different transport modes, in order to reduce fragmentation and reconcile inconsistencies across the different areas of passengers‘ rights; underlines that such integration should in no way lead to a reduction of existing passengers' rights in any transport mode, and should on the contrary tend to align these rights on the highest standards ; considers in particular that the definitions of delays and cancellation should not create any distortion between the rights applicable in the different transport modes
Amendment 25 #
2012/2067(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Insists that passengers should be better protected when using different successive transport modes during one single travel and have one integrated ticket, and that in such circumstances they should benefit from the highest rights applicable in one of these transport modes ;
Amendment 36 #
2012/2067(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the development of EU-wide tools to ensure optimised multimodality in efficient and, smooth and interoperable cross- border public transport services, in order to vouchsafe both the free movement of people and the competitiveness of such services vis-à-vis the use of private vehicles; considers that cross-border passengers should be given the possibility to buy one single ticket when travelling across more than two countries.
Amendment 52 #
2012/2067(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that passengers with limitreduced mobility or with disabilities must be given equal travel opportunities and unrestricted access and assistance to services, barrier-free access to the infrastructures, the vehicles, the assistance to services and to all the information they need.
Amendment 58 #
2012/2067(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned about the difficulties for passengers, in particular when travelling across the borders, to benefit from the enforcement of their rights against companies failing to comply with them ; considers in this regard that independent national enforcement bodies should have the task to mediate between passengers and companies in order for the passengers to obtain enforcement of their rights without having to bear judicial costs ; underlines that cooperation between these national enforcement bodies would be much needed in order to address the difficulties encountered by cross-border passengers seeking to obtain enforcement of their rights
Amendment 8 #
2012/2055(INI)
Motion for a resolution
Recital B
Recital B
B. whereas access to basic banking services is a precondition for consumers to benefit from the internal market, notably from cross-border migration, money transfer and the purchase of goods and services at non-discriminatory cost; whereas basic banking is essential for consumers to reap the benefits of e- commerce; whereas the annual opportunity cost of not having access to a payment account is estimated at between EUR 185 to EUR 365 per consumer;
Amendment 8 #
2012/2055(INI)
Draft opinion
Recital F
Recital F
F. whereas in its 2011 work programme the Commission announced its intention of publishing a proposal for a legislative instrument concerning access to a bank account, but whereas on 18 July 2011 it instead merely published a recommendation on access to a basic payment account; whereas despite the recommendation, 15 Member States still have no legal or voluntary provisions requiring banks to offer basic banking services; whereas only a legislative instrument can guarantee the legal certainty ordinary members of the publicpeople need;
Amendment 11 #
2012/2055(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas access to basic banking services is increasingly becoming a prerequisite for social inclusion in terms of access to employment, healthcare and housing;
Amendment 19 #
2012/2055(INI)
Draft opinion
Recital N
Recital N
N. whereas both consumers and firms would benefit if the 30 million people over the age of 18 who, according to a study commissioned by the European Parliament, do not have a bank account were to be granted access to a basic payment account; whereas this would also strengthen the internal market and consumers’ rights;
Amendment 21 #
2012/2055(INI)
Draft opinion
Recommendation 1 – paragraph 2
Recommendation 1 – paragraph 2
A basic payment account is a bank account enabling a consumer to effect all common payment transacaccount operations to the extent that the balance allows, including enabling money to be placed on the account and transaction to be received as well as executing direct debiting, credit transfer, cash withdrawal and payment transactions through a standard payment card and provision of account statement.
Amendment 26 #
2012/2055(INI)
Draft opinion
Recommendation 1 – paragraph 3
Recommendation 1 – paragraph 3
The right of access to a basic payment account should apply to all consumers unless there are serious reasons to the contrary. It does not, however, imply any obligation to have a. Access to a basic payment bank account should under no circumstances be made conditional on the purchase of other products or services, for instance insurance or opening of an additional bank account.
Amendment 28 #
2012/2055(INI)
Motion for a resolution
Recital H
Recital H
H. whereas legislative approaches to ensure universal access to basic banking services have had satisfactory results in Belgium and France where the number of unbanked citizens has dropped by 75 % and 30 % respectively, as well as in Finland and Denmark where 100 % of households are covered by banking services;considering however that in those countries consumers still face practical difficulties in exercising their right1 and that the objective pursued must be to offer right of access to banking services to as well as in Finland and Denmark where 100 % of households, as is the case today in Finland and Denmark are covered by banking services; __________________ 1 In France, where 98.4% of the adult population have a bank account, there are still 750 000 French who are unbanked. The procedure of getting a basic bank account established in this country is considered complicated, little known and therefore not used: less than 35 000 people use this right each year.
Amendment 34 #
2012/2055(INI)
Draft opinion
Recommendation 2 – paragraph 2
Recommendation 2 – paragraph 2
Member States should ensure that all banks with private customerspayment service providers, as defined in Article 4 paragraph 9 of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market1 are obliged to offer basic payment accounts, so as to avoid discrimination and unfair competition among banks, except where specific arrangements are in force in a Member State ____________________ 1 OJ L 319, 5.12.2007, p. 1.
Amendment 42 #
2012/2055(INI)
Draft opinion
Recommendation 2 – paragraph 2 a (new)
Recommendation 2 – paragraph 2 a (new)
Amendment 51 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 1
Recommendation 3 – paragraph 1
A basic payment account should serve to effect all operations required in order to open, operate, and close a payment account, perform services enabling money to be placed in a payment account, and transaction to be received as well as execute direct debiting, credit transfer, and payment transactions through a standard payment card.
Amendment 55 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 3
Recommendation 3 – paragraph 3
Member States should ensure that basic payment accounts are provided either free of charge or at a reasonable costeferably provided free of charge. The charges may not exceed the costs incurred by the payment service provider in providing the service, and should in any case not exceed ten Euro annually.
Amendment 67 #
2012/2055(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 2012, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a legislative proposal or proposals ensuring access to basic banking services to all consumny natural person living in the Union, following the detailed recommendations set out in the Annex hereto;
Amendment 73 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 10
Recommendation 3 – paragraph 10
Member States and the Commission should launch information campaigns on the concept of basic payment accounts in order to increase consumer understanding of the right of access to such accounts and of the ways of using out-of- court complaint and dispute settlement procedures. Imparting financial knowledge is a matter of crucial importance, since it strengthens consumers’ position and enables them to integrate into the single market
Amendment 75 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 10 a (new)
Recommendation 3 – paragraph 10 a (new)
Communication campaigns should be developed in cooperation with consumer organisations or social advisory bodies. At Union level, they should, in particular, raise awareness about the Union-wide availability of basic banking services and cross-border rights for access. At Member State level, communication should aim at giving necessary and understandable information about basic bank accounts’ features, conditions and practical steps while addressing specific concerns, including those of unbanked citizens and migrant workers. Communication campaigns at Member State level should be multi-lingual, taking into account the most relevant mother tongues spoken by minority populations or migrants
Amendment 76 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 11
Recommendation 3 – paragraph 11
Payment service providers should be obliged to provide information to consumers in writing on the basic payment accounts that they offer. They should be required to advertise basic bank accounts offering clear and comprehensive information via different available channels, namely the providers’ website and branches where standardised, durable media should be visible to consumers.
Amendment 78 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 1 – paragraph 1
Annex – recommendation 1 – paragraph 1
1. The legislation should oblige as many payment service providers as possible, as defined in Article 4(9) of Directive 2007/64/EC, to provide basic banking services.
Amendment 80 #
2012/2055(INI)
Draft opinion
Recommendation 4 – paragraph 1 a (new)
Recommendation 4 – paragraph 1 a (new)
Member States should be obliged to ensure that appropriate and effective complaints and redress procedures are established for the out-of-court settlement of disputes concerning the rights and obligations established under the principles set out in the legislation between payment service providers and consumers, using existing bodies where appropriate. Alternative dispute resolution bodies need to be independent, easily accessible and their services should be free of charge. Their decisions should be legally binding. In order to ensure their impartiality, equal representation of providers, consumers and other users needs to be ensured. Member States should be required to ensure that all basic bank account providers adhere to one or more such bodies implementing such complaint and redress procedures
Amendment 81 #
2012/2055(INI)
Draft opinion
Recommendation 4 – paragraph 1 b (new)
Recommendation 4 – paragraph 1 b (new)
Member States should be required to ensure that ADR bodies actively cooperate in the resolution of cross-border disputes. Where disputes involve parties in different Member States, FIN NET should be used to resolve consumer complaints
Amendment 85 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 1 – paragraph 3
Annex – recommendation 1 – paragraph 3
Amendment 116 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 2 – paragraph 7
Annex – recommendation 2 – paragraph 7
7. The right to access a basic bank account should apply irrespective of the consumer's nationality or place of residence in the Union. Criteria such as the level or regularity of income, employment, credit history, level of indebtedness, individual situation regarding bankruptcy or future activity of the account should not be taken into account for the opening a basic bank account. Access to a basic bank account should under no circumstances be made conditional on the purchase of other products or services, for instance insurance or an additional bank account.
Amendment 141 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 15
Annex – recommendation 3 – paragraph 15
15. Access to a basic bank account should preferably be free of charge. The charges may not exceed the costs incurred by the payment service provider in providing the service, and should in any case not exceed 10 Euros annually.
Amendment 158 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 16
Annex – recommendation 3 – paragraph 16
16. Any default charges should be affordable and at least as favourable as the provider’s usual pricing policy. The legislation should ensure that the consumer does not bear any fee or penalty arising from circumstances independent of his/her will, such as insufficient funds in his account due to late payment of wages or social benefits. Any fees attributed to the account should be transparent.
Amendment 224 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 6 – paragraph 31 – point (b a) (new)
Annex – recommendation 6 – paragraph 31 – point (b a) (new)
(ba) concrete recommendations for those Member States in which a large part of the population remains without a basic bank account, and generally a structured exchange of best practice;
Amendment 5 #
2012/2028(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that Stability Bonds could do much to consolidate the internal market and, stimulate the economy and hence increase employment, especially by boosting the development of small and medium-sized enterprises; and by easening the pressure on sovereign bonds in certain countries to create space for growth and consolidation;
Amendment 17 #
2012/2028(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. 2. Welcomes the fact that, as regards possible Stability Bond systems, a range of options have been put forwarassessed, but believes that it is necessary to assess all of the existurgent that the Commission puts forward a proposal to establish a binding proposals, as listed in Annex 2 of the Green Paper, and the recent proposal by the German Counciladmap towards euro area stability bonds under joint and several liabilities including short term measures such a the immediate issuance of Economic Experts; considers that it is important to know how far the high degree of moral hazard attributed to option 1 could be counteracted by varying the interest rates to be charged to countries, or whether the higher interest rates on ‘red bonds’ would quickly become unsustainable for countries using that source of finmmon short- term debt in the form of eurobills, the setting up of a temporary European redemption fund to reduce debt to sustainable levels at affordable interest rates as well as the coordination of the remaining sovereign debt under National issuance;
Amendment 22 #
2012/2028(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out to the Commission that the rights of current bondholders would have to be taken into account if the new Stability Bonds were to be givenestablishment of a roadmap towards stability bonds needs to define and make explicit a balanced set of economic and institutional conditions attached to every step of the roadmap as well as arrangements related to the seniority status in relation to existing debt obligationof jointly issued instruments;
Amendment 23 #
2012/2028(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to clarify under what circumstances non-compliant Member States could be put under European Union ‘admthe coordination and surveillance mechanims required for a swiftly enforcement of the economic and inistraution’ and what powers of intervention would be conferred upon the EUal conditions necessary for an efficient and sustainable implementation of the roadmap;
Amendment 27 #
2012/2028(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to clarify the rules governing bonds and to determine which bodies would be competent in the event of a disputethat will govern jointly issued instruments and to determine the appropriate arrangements required for each step of the roadmap in order to make the necessary provision in advance for the defence mechanisms to be laid down forprotection of investing citizens;
Amendment 41 #
2012/2003(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas SMEs have an important job creation potential and play a crucial role in the transition towards a new sustainable economy;
Amendment 47 #
2012/2003(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that social investments, being the provision and use of finance to generate social as well as economic returns, aim at addressing emerging social risks and needs, and focus on public policies and human capital investment strategies that prepare individuals, families and societies to adopt to various transformations and to manage their transition towards more flexiblinclusive labour markets;
Amendment 61 #
2012/2003(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the crisis requires a modernisation of the European Social Model, a rethinking of national social policies and a transition from an ‘'active welfare state’', that only responds to emerging damages caused by market failure, to an ‘'activating welfare state’', that invests in people and gives citizens instruments and incentives to participate while ensuring respect for the individual, transition security, income security and protection against social risks, including decent income for those who cannot participate in the labour market;
Amendment 67 #
Amendment 72 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point a a (new)
Paragraph 5 – point a a (new)
a a) invest in a social security system which provides decent income to the people in need,
Amendment 92 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point e
Paragraph 5 – point e
e) reform pension systems and create working conditions forthat allow the individual the choice of working longer,
Amendment 107 #
2012/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages Member States to invest in supportingInsists that youth unemployment must be at the heart of a social investment pact; encourages Member States to put forward ambitious strategies to avoid the loss of a generation by investing intensively in young persons, and in improving their access to the labour market, by providing training and youth internship programmes of a high quality, 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 115 #
2012/2003(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the Commission's initiative to promote a Youth Guarantee ensuring that young people are either offered a decent job, education or (re-) training within four months after becoming unemployed; calls on all Member States to implement such a Youth Guarantee as soon as possible
Amendment 129 #
2012/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages Member States to introduce necessary reforms in order to increasegear the necessary reforms towards creating pension systems that are inclusive, sustainable and financially stable; acknowledges that reforms are necessary in order to maintain a sufficiently large workforce and notes that many Member States already increased the statutory retirement age and limited early retirement possibilities, and; urges Member States to combine thireforms with the constant improvement of working conditions and the implementation of lifelong training schemes enabling longer professional careers; as an attempt to prevent age discrimination;
Amendment 146 #
2012/2003(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on Member States to consider signingthe European Council to commit to a ‘'Social Investment Pact’' before the end of 2012, through which they would create a reinforced control mechanismset up targets and strategies for social investments, linked to the Annual Growth Survey, including evaluation mechanisms in the NRPs. This would create reinforced control for improving efforts to meet employment, social and education targets of Europe 2020;
Amendment 148 #
2012/2003(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Believes that a European Social Investment Pact could be an important element of shifting the one-sided fiscal austerity approach towards a more balanced one and a new impetus to push Europe out of the crisis if it includes concrete commitments on national and European level for investments to create growth and jobs in key sectors such as resource efficiency and management, renewables, energy efficiency or recycling/reusing;
Amendment 4 #
2012/0298(APP)
Proposal for a recommendation
Recital H
Recital H
H. whereas Parliament, in its position of 23 May 2012, stated that the model for FTT proposed by the Commission would be a suitable basis for implementation within a group of Member States should they choose to move faster by means of enhanced cooperation; whereas in the same position, Parliament stated that FTT should apply to the widest possible range of financial instruments, including currency spot transactions,
Amendment 6 #
2012/0298(APP)
Proposal for a recommendation
Recital H a (new)
Recital H a (new)
Ha. whereas Parliament, in its position of 23 May 2012, emphasised that FTT would be a way for the financial sector to contribute to the cost of the crisis as well as for participating Member States to stimulate growth and create jobs or the promotion of specific policy purposes such as development aid and fighting climate change,
Amendment 7 #
2012/0298(APP)
Proposal for a recommendation
Recital H b (new)
Recital H b (new)
Hb. whereas Parliament, in its position of 23 May 2012, suggested a number of technical improvements to the Commission proposal, in particular the addition of the issuance and ownership principles,
Amendment 12 #
2012/0298(APP)
Proposal for a recommendation
Recital M
Recital M
M. whereas Article 328(1) TFEU provides that enhanced cooperation is to be open at any time to all Member States that wish to participate; whereas the Commission and the Member States participating in the enhanced cooperation should promote from the beginning and keep promoting and encouraging the participation of as many Member States as possible, and in the longer run push resolutely for a global agreement in the relevant international arena, in particular G-20, in order for FTT to fully achieve its objective,
Amendment 1085 #
2012/0150(COD)
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 1 – point b
Article 38 – paragraph 2 – subparagraph 1 – point b
(b) secured liabilities, such as all liabilities that are issued in a covered bond cover pool and related derivatives which have privileged status in the cover pool;
Amendment 1118 #
2012/0150(COD)
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 2
Article 38 – paragraph 2 – subparagraph 2
Points (a) and (b) of paragraph 2 shall not prevent resolution authorities, where appropriate, from exercising those powers in relation to any part of a secured liability or a liability for which collateral has been pledged that exceeds the value of the assets, pledge, lien or collateral against which it is secured. Member States mayshall exempt from this provision covered bonds as defined in Article 22(4) of Council Directive 86/611/EECall secured liabilities; Member States shall secure that all assets and liabilities related to a covered bond cover pool remain unaffected and segregated.
Amendment 1150 #
2012/0150(COD)
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall ensure that the institutions maintain, at all times, a sufficient aggregate amount of own funds and eligible liabilities expressed as a percentage of the total liabilities of the institution that do not qualify as own funds under Section 1 of Chapter 2 of Title V of Directive 2006/48/EC or under Chapter IV of Directive 2006/49/EC excluding covered bonds which fulfil the requirements in Article 52(4) of Council Directive 2009/65/EEC and are issued by an institution whose orderly and controlled winding down with insolvency remote and segregated cover pools is explicitly provided for in the legislation of the Member State.
Amendment 59 #
2012/0061(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on European Union, and in particular Article 3(3), and to the Treaty on the Functioning of the European Union, and in particular Article 26(2), Article 45, Article 46, Article 53(1) and Article 62 thereof,
Amendment 64 #
2012/0061(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union,
Amendment 66 #
2012/0061(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards employment, remuneration and other working conditions in comparison to nationals of that Member State. It needs to be distinguished frombalanced with the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘'post’') their own workers temporarily to carry out the work necessary to provide these services there. This posting has to happen without violating non- discrimination provisions for both undertakings and workers as set out in Article 45(2) and 49 TFEU.
Amendment 70 #
2012/0061(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) A genuine posting situation requires that the worker is habitually employed with the service provider prior, during and after the period of posting and not hired solely for the posting.
Amendment 71 #
2012/0061(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Based on Art. 3(6) of Directive 96/71/EC, if one posted workers replaces another or if the same position is repeatedly filled with a posted worker by the same services providers in a short/quick succession, and if these succeeding contracts add up to 12 month, the assumption that it is not a posting situation is justified.
Amendment 73 #
2012/0061(COD)
Proposal for a directive
Recital 3
Recital 3
(3) With respect to workers temporarily posted to carry out work in order to provide services in another Member State than the one in which they habitually carry out their work, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services establishes a core set of clearly defined terms and conditions of work and employment which must be complied with by the service provider in the Member State to which the posting takes place to ensure the minimum protection of the posted workers concerned. This Directive and Directive 96/71/EC do not prevent legal or collectively agreed standards from providing the posted workers with more favourable conditions, as long as equal treatment and non-discrimination of local and foreign companies and workers is ensured. This Enforcement Directive aims at improving the implementation of the Directive 96/17/EC in full respect of Article 53(1) and 62 Art. 45(1), 45(2) and Art. 26(2) TFEU and the Charter of Fundamental Rights.
Amendment 76 #
2012/0061(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) This directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to the provisions laid down in Directive 96/71/EC.
Amendment 81 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improvedmust be enforceable and should be improved and any circumvention of the rules must be sanctioned, especially regarding all terms and conditions of employment.
Amendment 85 #
2012/0061(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In case of non-compliance such as when a worker is found not to be genuinely posted, an undertaking shall be covered by the relevant legislation applicable in the country of service provision, and all persons posted by the undertaking concerned shall be deemed workers exercising their freedom of movement within the Union.
Amendment 87 #
2012/0061(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, the constituent factual elements characterising the temporary nature inherent to the notion of posting, which implies that the employer should be genuinely established in the Member State from which the posting takes place, as well as the relationship between Articles 45, 46, 49 TFEU, Directive 96/71/EC and Regulation (EC) No 593/2008 on the law applicable to contractual obligations (hereinafter the ‘'Rome I Regulation’')need to be further clarified.
Amendment 89 #
2012/0061(COD)
Proposal for a directive
Recital 6
Recital 6
(6) As is the case with Directive 96/71/EC, this Directive should not prejudice the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, or the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems and Regulation No 987/2009of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems or Article 45 and 46 TFEU. The provisions in this Directive are without prejudice to Member States providing for and enforcing more favourable conditions for posted workers.
Amendment 92 #
2012/0061(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the Treaty. This respect has to be transferred into provisions which enable Member States to use a wide range of arrangements in line with their national law and practice for ensuring compliance with and enforcement of 96/71/EC and this Directive.
Amendment 93 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unions play an important role in the context of the posting of workers for the provision of servicehis Directive and Directive 96/71/EC respect the different national industrial relations systems and recognise the important role of collective bargaining. This since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay ludes the right of trade unions to engage in judicial and administrative proceeding on behalf of the worker and where applicable to control and enforce working conditions.
Amendment 106 #
2012/0061(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is thereforeMember States and supported by the Commission is essential, without neglecting the important role of labour inspectorates and the social partners in this respect.
Amendment 112 #
2012/0061(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Posted workers shall not be used to replace striking workers.
Amendment 114 #
2012/0061(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Competent authorities shall make an overall assessment of all factual elements in order to determine if an undertaking is performing a genuine activity. If proof cannot be produced it shall be presumed that the undertaking is established in the country where it provides the service.
Amendment 115 #
2012/0061(COD)
Proposal for a directive
Recital 10 c (new)
Recital 10 c (new)
(10c) Member States are entitled to perform any controls needed in order to fully comply with Article 5 in 96/71/EC and the provisions in this Directive. Strong, regular and flexible inspections in the Member States are essential and adequate funding must be provided in order for the competent authorities to detect and combat circumvention.
Amendment 122 #
2012/0061(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the Internal Market Information System (IMI) as much as possible. However, this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation as these established mechanisms of cooperation have proven fruitful.
Amendment 129 #
2012/0061(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligations to make information on terms and conditions of employment generally available and to provide effective access free of charge to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised. Non-compliance must be sanctioned as it seriously hinders enforcement and undermines fair competition in the Single Market.
Amendment 133 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improvedmust be enforceable and should be improved and any circumvention of the rules must be sanctioned, especially regarding all terms and conditions of employment.
Amendment 134 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Posted workers have a right to information and advice regarding the relevant working and employment conditions. It is up to the Member States, to establish such information and advice centres that posted workers can turn to and provide financial support for them.
Amendment 137 #
2012/0061(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) In order to improve and facilitate mutual assistance and crossborder cooperation between the competent authorities in the Member States, an EU- wide notification or registration system based on and compatible with existing systems in Member States should be developed in accordance with the rules on the protection of personal data. In order for such a system to be in line with the principle of non-discrimination and fair competition, the Commission shall present to the European Parliament and the Council an impact assessment regarding the feasibility of such a system.
Amendment 138 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is of paramount importance that the host Member State continues to control and monitor as outlined in Article 5 Directive 96/71/EC. 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 shouldall apply only certainnecessary 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 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.
Amendment 150 #
2012/0061(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Any risk assessment should aim at identifying the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment, the special problems and needs of specific sectors, the past record of infringement, the information provided by social partners on the ground, the practices of circumvention as well as the vulnerability of certain groups of workers should be taken into account.
Amendment 155 #
2012/0061(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to combat circumvention and bogus self-employment, the Commission shall examine the possibility to set up a European register ("black list") for companies who repeatedly have violated the rules laid down in this Directive and Directive 96/71/EC. The purpose of such a black list should be to ensure fair competition among companies.
Amendment 159 #
2012/0061(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) Any risk assessment should aim at identifying the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the special problems and needs of specific sectors, the past record of infringement, the information provided by social partners on the ground, the practices of circumvention as well as the vulnerability of certain groups of workers should be taken into account.
Amendment 160 #
2012/0061(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to cope in a flexible way withrespect the diversity of labour markets and industrial relations systems, by way of exception,Member States are, in line with their national law and practice, entitled to task other actors and/or bodies maywith monitoring certain terms and conditions of employment of posted workers, provided these offer the persons concerned an equivalent degree of protection and exercise their monitoring in a non- discriminatory and objective manner.
Amendment 162 #
2012/0061(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. Associations, organisations and other legal entities which have a legitimate interest in the enforcement of Directive 96/71/EC may engage in any judicial and administrative proceeding on behalf of the worker. This should be without prejudice to national rules of procedure concerning representation and defence before the courts.
Amendment 173 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector,With a view to reducing abuses in subcontracting situations and in order to protect posted workers‘' rights, it is necessary to ensure that in suchall sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authoritiess, all contractors down the chain can be held liable for paying to the posted workers all entitlements due to them.
Amendment 183 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 195 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Non-compliance In case of non-compliance with Article 3 of Directive 96/71/EC or relevant Articles of this Directive, an undertaking and its workers shall be covered by the relevant legislation applicable in the country of service provision as place of habitual employment and all persons posted by the undertaking concerned shall be deemed workers exercising their freedom of movement within the Union. The host Member State may then request immediate proof that concerned workers receive equal treatment to nationals of the host Member State for all terms and conditions of employment and related social rights in line with Article 45 TFEU.
Amendment 196 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in anotherExisting systems of supply chain compliance already in place in Member State,s postroviding wforkers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld better conditions and protection for workers shall in no way be restricted by the provisions in this Directive.
Amendment 199 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may includean undertaking posting workers shall supply to the competent authorities upon request proof of at least the following:
Amendment 201 #
2012/0061(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union. Where such fines and penalties are imposed due to non-compliance with the employment conditions established by labour courts or collective agreements, these must be enforceable.
Amendment 205 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertakingcountry of establishment is the place where it performs its substantial quantifiable business activity and has its registered office and administration, uses office space, and pays taxes, and has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 210 #
2012/0061(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Insufficient cooperation between Member States remains unfortunately a problem in enforcing Directive 96/71/EC and hinders the creation of a level playing field for companies and the protection of workers.
Amendment 210 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and withclients and proof that the law of the country of establishment its clients, on the other handapplicable to the contracts concluded with its workers,
Amendment 214 #
2012/0061(COD)
Proposal for a directive
Recital 33
Recital 33
(33) This Directive respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, notably protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the freedom to conduct a business (Article 16), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), and the right to an effective remedy and to a fair trial (Article 47) and the relevant ILO Conventions and has to be implemented in accordance with those rights and principles.
Amendment 219 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
1. This Directive establishes a general common framework of appropriateset of specific provisions, measures and control mechanisms necessary for better and more uniformso as to aid Member States in the implementation, application and enforcement in practice of Directive 96/71/EC, including measures to prevent and sanction any abuse and circumvention of the applicable rules and without prejudice to the scope of Directive 96/71/EC.
Amendment 222 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 229 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not affect in any way the exercise of fundamental rights as recognised in Member States and by Uninternational law, ILO Conventions and the Fundamental Rights Charter including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practices. Nor does it affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.
Amendment 233 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Where there is conflict between Directive 96/71/EC and this Directive the principles of Directive 96/71/EC shall prevail.
Amendment 234 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This directive aims to support the functioning of the internal market and improve implementation of Directive 96/71/EC. A Member State shall take all action required to enforce the terms and conditions of employment at the place where the service is performed and to abolish any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
Amendment 235 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2 c (new)
Article 1 – paragraph 2 c (new)
2c. This Directive does not affect in any way the competences of the Member States to define mandatory labour standards and working conditions for all workers pursuing labour on their territory (as formulated by Article 3(10) of Directive 96/71) as long as these standards are not protectionist or discriminatory.
Amendment 240 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means any body or authority designated by a Member State to perform functions under this Directive; or under Directive 96/71/EC.
Amendment 243 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘'requesting authority’' means the competent authority of a Member State which makes a request for assistance, information, notification or recovery concerning a penalty or fine as referred to in Chapter VI;
Amendment 251 #
2012/0061(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 256 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrativan undertaking posting workers shall supply to the competent authorities upon request proof that it genuinely performs substantial activities, other than purely internal management activities, in the territory of the Member State of establishment. The competent authorities shall take into account all factual elements characterising these activities. Such elements may include: but are not limited to:
Amendment 257 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. In accordance with Article 5 of the Directive 96/71/EC the host Member State has the responsibility and shall therefore continue to control, monitor and take all the necessary supervisory or enforcement measures, in accordance with its national law and/or practice and administrative procedures, with respect to workers posted to its territory.
Amendment 271 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertakingcountry of establishment is the place where it performs its substantial quantifiable business activity and has its registered office and administration, uses office space, pays taxes, and pays taxes and social contributions and has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 280 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the place where posted workers are recruited and where they are habitually employed,
Amendment 280 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States shall ensure that all administrative requirements are publicly available to the service providers and regularly updated.
Amendment 284 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and withclients and proof that the law of the country of establishment its clients, on the other handapplicable to the contracts concluded with its workers,
Amendment 299 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e
Article 3 – paragraph 1 – subparagraph 1 – point e
(e) the abnormally limited number of contracts performed and/or size of turnover realised in the Member State of establishment or the place where the majority of contracts with clients are performed.
Amendment 307 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 313 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
Activities of purely administrative nature or undertakings only holding personnel in the host member state fall outside the scope of directive 96/71/EC or this directive.
Amendment 315 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
In order to better implement Articles 3 and 5 of Directive 96/71/EC and to assess whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, all factual elements characterising such work and the situation of the worker shall be examined by the competent authorities.
Amendment 319 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 - introductory part
Article 3 – paragraph 2 – subparagraph 2 - introductory part
Such elements may include, but are not limited to:
Amendment 323 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Within three years after the date referred to in Article 20, the Commission shall,council and the European Parliament in consultoperation with the Member States andCommission and after consultation of the social partners at EU leveshall, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.
Amendment 325 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty or fine or notify a decision imposing a penalty or a fine, in so far as the relevant laws, regulations and administrative practices in force in the requested authority's Member State allow such action for similar claims or decisionsretroactive social security contributions in accordance with 987/2009/EC or notify a decision imposing a penalty or a fine or retroactive social security in accordance with 987/2009/EC.
Amendment 330 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in Articles 6, 7, 10(3), 13, 14 and 15 shall be implemented through the Internal Market Information System (IMI), established by [reference to IMI Regulation]89 as far as possible and be accompanied by other established means of cooperation such as bilateral agreements.
Amendment 331 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. The mutual assistance between the competent authorities of the Member States provided for in the relevant article of this Directive and Directive 96/71/EC shall be implemented where possible with use of the Internal Market Information System (IMI), established by [reference to IMI Regulation] and via the existing established means of cooperation such as bilateral agreements
Amendment 332 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a
Article 3 – paragraph 2 – subparagraph 2 – point a
(a) the work of the posted workers is carried out for a limited period of time in another Member State than the one in which the employee normally carries out his work and starts on a specified day; In accordance with Art 3(6) of Directive 96/71/EC, for the calculation of this limited time, account shall be taken of any previous periods for which the post has been filled by a posted worker;
Amendment 336 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a a (new)
Article 3 – paragraph 2 – subparagraph 2 – point a a (new)
(a a) The posting takes place from the Member State in or from which the employee normally carries out his work;
Amendment 345 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns or is expected to resume working to the Member State from which he/she is posted after completion of the work ois habitually employed during the period of posting, and is employed with the undertaking prior to and after the perovisiond of services for which he or she was posteding;
Amendment 351 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c a (new)
Article 3 – paragraph 2 – subparagraph 2 – point c a (new)
(c a) the posted worker has a valid A1 form to certify which social security legislation applies; the A1 form is solely an informative indicator for the social security status of the worker. It shall not be retroactive and must be provided from the beginning of the posting period and prior to any inspections;
Amendment 365 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point e
Article 3 – paragraph 2 – subparagraph 2 – point e
(e) any repeated previous periods during whichthat the post was not filled by the same or another (posted) worker during repeated previous periods.
Amendment 381 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
All the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation. Art 3(6) of the Directive 96/71/EC need to be taken into account when evaluating whether a posting is temporary or not.
Amendment 387 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 a (new)
Article 3 – paragraph 2 – subparagraph 3 a (new)
The absence or lack of document(s), such as the document(s) referred to in Article 3 of Directive 91/533 or the certificate concerning the social security legislation (form A1 as prescribed for posted workers by Regulation 883/2004 and its implementing Regulation 987/2009) which applies to him/her, having been issued is an indication that the situation should not be characterised as one of 'temporarily posting' to another country than the one in which the worker concerned habitually works.
Amendment 389 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 b (new)
Article 3 – paragraph 2 – subparagraph 3 b (new)
For the purpose of implementing, applying and enforcing Directive 96/71/EC, the competent authorities shall make an overall assessment of all factual elements relevant for assessing the posting, the establishment of the undertaking and the status of the worker. In case of non-compliance for any one of the above-mentioned criteria, further verification by the concerned Member State is obligatory.
Amendment 390 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 c (new)
Article 3 – paragraph 2 – subparagraph 3 c (new)
The list of criteria is non-exhaustive. The Member States have the right to stipulate other binding elements. The assessment of these elements shall be adapted to each specific case.
Amendment 391 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 d (new)
Article 3 – paragraph 2 – subparagraph 3 d (new)
In accordance with Article 4 of the Directive 96/71/EC and in the context of the administrative cooperation the Member States of establishment shall provide upon request the relevant information to the requesting authority.
Amendment 399 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 408 #
2012/0061(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Role of competent authorities and liaison offices
Amendment 409 #
2012/0061(COD)
Proposal for a directive
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
In accordance with Directive 95/46/EC, Member States shall remain ultimately responsible for safeguarding data protection and the legal rights of affected persons and shall put in place appropriate mechanisms in this respect.
Amendment 411 #
2012/0061(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Contact details of the competent authorities shall be communicated to the Commission and the other Member States and be available to the public. The Commission shall publish and regularly update the list of the competent authorities and liaison offices. Other Member States and EU institutions shall respect each Member State's choice(s) of competent authorities.
Amendment 414 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC which are to be applied and complied with by service providers are made generally available in a clear,free of charge in a clear, transparent comprehensive and easily accessible way at a distance and by electronic means, in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in Article 4 of Directive 96/71/EC are in a position to carry out their tasks effectively.
Amendment 418 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. In order to bring about further improvements with respect to access to information, Member States shall in accordance with the principles established in Article 4 of Directive 96/71/EC:
Amendment 423 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) ensure that bodies are tasked by the Member State with providing posting undertakings and posted workers with all required information relating to their rights and obligations under Directive 96/71/EC. According to national traditions, also social partners can be tasked entirely or partially, or can support the tasked bodies;
Amendment 426 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) take the necessary measures to make generally available on internet sites and by other means information on which collective agreements are applicable (and to whom), and which terms and conditions of employment have to be applied by service providers from other Member States in accordance with Directive 96/71/EC, whereby, where possible, links to existing internet sites and other contact points, in particular the relevant social partners, shall be provided;
Amendment 430 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicablthe most relevant languages, the choice being left to the host Member State, if possible in summarised leaflet form indicating the main labour conditions applicable as well as describing the procedures to lodge complaints and the judicial proceedings and sanctions applicable in case of non- compliance and upon requests in formats accessible to persons with disabilities;
Amendment 438 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) further detailed information on labour and social conditions including Health and Safety at the workplace shall be easily made available by different means of communication including contact points;
Amendment 444 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point e a (new)
Article 5 – paragraph 2 – point e a (new)
(ea) inform about and provide resources for other contact points such as provided by the social partners;
Amendment 445 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission under supervision of Council and the European Parliament shall continue to support the Member States in this area.
Amendment 447 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraphs 1 and 8 of that Directive, Member States shouldall ensure that the social partners shall identify these and make tse terms and conditions are made available in an accessible and transparent way to service providers from other Member States and to posted workers, and may involve the social partners in this respect. The relevant information should, in particular, concerningver the different minimum rates of pay and their constituent elements, the method used to calculate and/or classify the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workersvailable to the competent authorities. Terms and conditions of employment should be made available in an accessible and transparent way.
Amendment 466 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The cooperation of the Member States shall in particular consist in replying to reasoned requests for information and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.
Amendment 469 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The cooperation of the Member States may, also include the sending and service of documents of the requesting authority.
Amendment 471 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the purpose of responding to a request for assistance from competent authorities in another Member State, Member States shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws and Directive 96/71/EC.
Amendment 476 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution. Any permanent refusal to provide the requested data constitutes an infringement to the EU law, as defined in TFEU Articles 258 and following.
Amendment 477 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Any long-term refusal to supply the data requested shall entitle the requesting Member State to draw up a publicly accessible list of authorities that have refused to cooperate and to inform the Commission thereof. The Commission shall set up a publicly accessible list of those authorities reported to have not been willing to cooperate.
Amendment 481 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hours. This urgency mechanism shall be used in case the criteria in Article 3 lead to the suspicion that the posted worker is employed by a non-genuine company or is not a worker or is not genuinely posted. This shall not preclude the national authorities and/or inspectorates of the host country to take immediate measures preventing, investigating and sanctioning social fraud.
Amendment 489 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Member States shall ensure the confidentiality of the information which they exchange. Information exchanged shall be used only in respect of the matter(s) for which it was requested, in accordance with European law and national law and practices.
Amendment 492 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
9. TIn accordance with the principle established in Article 4 of Directive 96/71/EC, the Commission and the competent authorities shall cooperate closely in order to examine any difficulties which might arise in the application of Article 3(10)implementation of Directive 96/71/EC.
Amendment 494 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
9a. To facilitate mutual assistance and crossborder cooperation, the Commission shall within 2 years from entry into force of this directive present to the European Parliament and the Council an impact assessment on the feasibility of an EU- wide notification or registration system based on and compatible with existing systems in Member States.
Amendment 497 #
Amendment 498 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph -1 (new)
Article 7 – paragraph -1 (new)
-1. In accordance with Articles 4 and 5 of the Directive 96/71/EC, inspection of the working conditions to be complied with is the responsibility of the authorities of the host Member State and that Member state shall therefore continue to control, monitor and take all the necessary supervisory or enforcement measures, in accordance with its national law and/or practice and administrative procedures, with respect to workers posted to its territory. The competent authorities can, on their own initiative, undertake factual checks and are not bound by any results of checks carried out by the authorities of the Member State of establishment.
Amendment 501 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Member State of establishment of the service provider shall continue to control, massist the Member State to which the posting takes place to ensure compliance with the conditor and take the necessary supervisory or enforcement measures, in accordance with its national law, practice and administrative procedures, with respect to workers posted to another Member Stateions applicable under Directive 96/71/EC and this Directive by providing in due time information on whether posting undertakings fulfil the minimum criteria outlined in Art. 3 of this directive and in directive 96/71/EC. This responsibility shall not in any way reduce the possibilities of the Member State to which the posting takes place to monitor, control and take any necessary supervisory or enforcement measures in accordance with this Directive and Directive 96/71/EC.
Amendment 503 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. In the circumstances referred to in Article 3 (1) and (2) and Article 9(1), the Member State of establishment of the service provider shall assist the Member State to which the posting takes place to ensure compliance with the conditions applicable under Directive 96/71/EC and this Directive. The Member State of establishment of the service provider shall, on its own initiative, communicate to the Member State to which the posting takes place any relevant information as specified in Articles 3 (1) and (2) and 9(1), where the Member State of establishment of the service provider is aware of specific facts which indicate possible irregularitiThe Member State of establishment of the service provider shall immediately, on its own initiative, or on demand of the host Member State communicate to the latter any relevant information as specified in this directive or needed for compliance with Article 3 of Directive 96/71/EC. Competent authorities may request information for any overriding reason of public interest.
Amendment 506 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Competent authorities of the host Member State may equally ask the competent authorities of the Member State of establishment, for each instance where services are provided or for each service provider, to provide information to verify full compliance with both Directive 96/71/EC and this directive, including as to the legality of the service provider's establishment, the service provider's good conduct, and the absence of any infringement of the applicable rules. . The competent authorities of the Member State of establishment shall provide this information in accordance with Article 6.
Amendment 509 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The obligation laid down in paragraphs 1 and 2 shall not entail a duty on the part of the Member State of establishment to carry out factual checks and controls in the territory of the host Member State where the service is provided. Such cChecks and controls shall, if need be, be carried out by the authorities of the host Member State at the request of the competent authorities of the Member State of establishment, in accordance with Article 10 and in conformity with the powers of supervision provided for in the host Member State's national law, practice and administrative procedures and which respect Union law.
Amendment 515 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall, with the assistance of the Commission, take accompanying measures to develop, facilitate and promote the exchange between social partners, officials in charge of the implementation of administrative cooperation and mutual assistance, as well as monitoring the compliance with and enforcement of the applicable rulesto ensure that organisations providing information to posted workers are supported.
Amendment 519 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The competent authorities in the member state of establishment and the host member state collect the data registered regarding the posting process and evaluate them. Member States need to regularly report to the European Commission. The European Commission compiles the information and regularly publishes reports .
Amendment 521 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall assess the necessity forensure adequate financial support in order to further improve administrative cooperation and increase mutual trust through projects, including promoting exchanges of relevant officials and training, as well as developing, facilitating and promoting best practice initiatives, including those of social partners at Union level, such as the development and updating of databases or joint websites containing general or sector- specific information concerning terms and conditions of employment to be respected.
Amendment 535 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the following administrative requirements and control measures:In order to improve the enforcement of Directive 96/71/EC, Member States, fully respecting the principle of non- discrimination, may control all elements necessary to verify compliance with Articles 3 and 5 of Directive 96/71/EC and Art. 3 of this Directive.
Amendment 538 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 554 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 566 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 580 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 602 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 605 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 618 #
Amendment 629 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down inIn order to improve compliance with Art. 3 and 5 of Directive 96/71/EC and to guarantee its propereffective application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shall be taken into account., host Member States shall ensure that effective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory. In order to make effective checks and controls possible, Member States may in particular impose the following requirements:
Amendment 630 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a (new)
Article 10 – paragraph 1 – point a (new)
(a) an obligation for a service provider established in another Member State to make a declaration in paper or electronic form in the language of the host Member State to the responsible national competent authorities prior to the commencement of the service provision, whereby the declaration must at least provide the necessary information in order to allow factual controls at the working place. This includes in particular information that allows doubtless identification of the service provider, the designated contact person referred to under (e), the posted workers as well as information regarding the beginning and the anticipated duration of the posting, the location of their working place and the services justifying the posting; information if the posted worker has been assigned by his employer to another undertaking in the Member State of establishment in particular in the event of transfers of undertakings or mergers needs to be included. Subsequent changes concerning these data have to be declared without delay; these duties shall also apply to enterprises within the meaning of Art. 1 3c) of directive 96/71/EC.
Amendment 631 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b (new)
Article 10 – paragraph 1 – point b (new)
(b) an obligation to keep or make available and/or retain copies in paper or electronic form of the necessary employment documents, in order to allow factual controls at the working place. This includes in particular the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time- sheets stating the beginning, end and duration of the daily working time, the A1 form as proof of social security coverage in the home member state, documents on health and safety at work, including the required assessment of the risks to safety and health at work in accordance with 89/391/EC, where the posted worker is a third country national, copies of the work permit and of the residence permit and proof of payment of wages or copies of equivalent documents during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 632 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c (new)
Article 10 – paragraph 1 – point c (new)
(c) an obligation to deliver, at the request of the authorities of the host Member State, and within a reasonable period of time after the posting, the documents referred to under (b);
Amendment 633 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d (new)
Article 10 – paragraph 1 – point d (new)
(d) a translation of the documents referred to under (b) into the language of the host Member State;
Amendment 634 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point e (new)
Article 10 – paragraph 1 – point e (new)
(e) an obligation to designate a legal or mandated representative to negotiate and where required conclude, 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, or with the relevant public authorities and/or who can be contacted by the competent authorities of the host Member State and who is authorized to receive service;
Amendment 635 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point f (new)
Article 10 – paragraph 1 – point f (new)
(f) other administrative requirements and control measures without which the competent bodies in the Member States cannot carry out their supervisory task effectively and where the task could not be fulfilled using less restrictive measures.
Amendment 636 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that inspections and controls of compliance with Directive 96/71/EC are not discriminatory and/or disproportion shall allocate the necessary resources to ensure inspections and controls; they shall ensure that the procedures and formalities relating to the posting of workers can be completed by undertakings, at a distance and by electronic means as far as possible and that all administrative requirements are publicly available to the service providers and regularly updated.
Amendment 645 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Within three years after the date referred to in Article 20, the necessity, appropriateness and sufficient effectivity of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information, the development of more uniform, standardised documents, the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological, social and economic developments of posting, with a view to proposing, where appropriate, any necessary amendments or modifications to ensure effective controls of employment conditions by the competent authorities of the host Member State.
Amendment 646 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. During the period of posting a worker the inspection of the working conditions lies within the responsibility of the authorities or body in charge of the host Member state. They can carry out factual checks and controls on their own initiative and are not bound to any results of checks or controls carried out by the Member State of establishment.
Amendment 647 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 c (new)
Article 10 – paragraph 2 c (new)
2c. Inspection methods and mechanism that aim to control the rules laid down in Directive 96/71 and to detect breaches of the posting rules or the abuse for other purposes than the free provision of services, belong to the core part of the public policy provisions, as formulated in declaration 10 of the Council. Mandatory rules of the Member States to fight against undeclared labour and to avoid social dumping, related to cross border labour recruitment, cannot be restricted solely because these rules could hinder the free provision of services.
Amendment 649 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. In accordance with the rules on administrative cooperation the Member State of establishment has an obligation to deliver required information. Continuing non-compliance with this will be treated as infringement under EU-law.
Amendment 654 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/EC, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, also the monitor the application of the relevant terms and conditions of employment of posted workers, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed.
Amendment 657 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Member States where labour inspectorates have noIn competeliance with respect to the control and monitoring of the working conditions and/or terms and conditions of employment of posted workers may, by way of exception, after consulting the social partners at national level, establish or maintain arrangements guaranteeing the respect of these terms and conditions of employment, provided that the arrangements offerArt. 5 of 96/71/EC and in full respect of different labour market models, Member States are entitled to use a wide range of arrangements in line with their national law and practice to ensure compliance with 96/71/EC so as to guarantee the persons concerned an adequate degree of protection equivalent to that resulting fromas defined by Directive 96/71/EC and this Directive.
Amendment 660 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. For the enforcement of the obligations under Article 6 of Directive 96/71/EC and this Directive, Member States shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly, as well as the right to institute judicial or administrative proceedings, alsobe it in the Member State in whose territory the workers are or were posted, where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules,of establishment of the undertaking or the host Member State even after the relationship in which the failure is alleged to have occurred has ended.
Amendment 670 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 672 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts, if they are more favourable than the stipulation in point a) and to national provisions according to which the parties to the collective agreements enforce these agreements.
Amendment 676 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Posted workers taking judicial or administrative proceedings shall not receive any unfavourable treatment by the employer. Posted workers of third national countries shall be given the right to reside in the EU until proceedings are terminated.
Amendment 678 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Member States shall ensure that the necessary mechanisms are in place to ensure that posted workers are able to receiveor bodies acting on their behalf are able to claim and receive any entitlements due to him/her including but not limited to:
Amendment 685 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which, under the applicable terms and conditions of employment covered by Article 3 of Directive 96/71/EC, would have been dueand related benefits, social security payments etc. including interest;
Amendment 707 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, theEach Member States shall ensure on a non– discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor cantake the necessary measures to ensure that an undertaking which appoints another undertaking to provide services is liable, in addition to and/or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment offor the obligations of that undertaking or subcontractor or hirer of labour appointed by that undertaking regarding the following:
Amendment 732 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 a (new)
Article 12 – paragraph 1 – subparagraph 1 a (new)
This shall not in any way preclude the application of already existing more stringent rules on national level nor the introduction of those.
Amendment 738 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 746 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 757 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 767 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Within three years after the date referred to in Article 20, the Commission shall,uncil and the European Parliament in consultoperation with the Member States andCommission and after consultation of the social partners at EU leveshall, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.
Amendment 769 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Existing systems of supply chain compliance already in place in Member States providing for better conditions and protection for workers shall in on way be restricted by the provision in this Directive.
Amendment 773 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty or fine or notify a decision imposing a penalty or a fine, in so far as the relevant laws, regulations and administrative practices in force in the requested authority's Member State allow such action for similar claims or decisionsretroactive social security contributions in accordance with 987/2009/EC or notify a decision imposing a penalty or a fine or retroactive social security in accordance with 987/2009/EC.
Amendment 782 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 784 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
The requesting authority may notshall have to justify makeing a request for recovery of a penalty or a fine or retroactive social security contributions or notification of a decision imposing a penalty or fine if and as long as the fine or penalty, as well the underlying claim and/or the instrument permitting its enforcement in the requesting Member State, are contested in that Member State, except if execution is possible in the requested Member State.
Amendment 787 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3 a (new)
Article 13 – paragraph 2 – subparagraph 3 a (new)
The requesting authority may however request the precautionary freezing and confiscation of assets to limit the risk of non-recovery before the decision is final in accordance with Directive (...) on the freezing and confiscation of proceeds of crime in the European Union. The host Member States may additionally allow for an automatic affiliation of concerned workers into the social security system of the host Member State.
Amendment 789 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Further to the request by the requesting authority for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine, the requested authority shall without delay provide any information and mutual assistance which would be usefulrequested to the requesting authority in the recovery of a fine and/or penalty, as well as, to the extent possible, for the underlying claim.
Amendment 793 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For the purpose of recovery of a penalty or fine or retroactive social security contributions or notification of a decision imposing a penalty or fine in the requested Member State, any fine or penalty in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested Member State.
Amendment 796 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. The requested authority shall promptly inform the requesting authority of the action taken on its request for information, notification or recovery and, more specifically, of the date on which the instrument or decision was forwarded or notified to the addressee.
Amendment 797 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1 a (new)
Article 14 – paragraph 3 – subparagraph 1 a (new)
The same shall apply if there are substantial obstacles to the request being successfully processed.
Amendment 798 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2 a (new)
Article 14 – paragraph 3 – subparagraph 2 a (new)
The provisions on recovery of fines or penalties shall also apply to fines imposed as part of enforceable statutory decisions by labour courts.
Amendment 801 #
2012/0061(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. If, in the course of the recovery or notification procedure, the fine, penalty and/or underlying claim is contested by the service provider concerned or an interested party, the cross-border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter. The requesting authority shall without delay notify the requested authority of the contestation. The requesting authority may however request the precautionary freezing and confiscation of assets to limit the risk of non-recovery before the decision is final in accordance with Directive (...) on the freezing and confiscation of proceeds of crime in the European Union".
Amendment 804 #
2012/0061(COD)
Proposal for a directive
Article -17 (new)
Article -17 (new)
Article -17 1. This Directive and Directive 96/71/EC are without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions, which are more favourable to workers or to promote or permit collective agreements, concluded between the social partners, which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive and Directive 96/71/EC. This is without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are respected.
Amendment 813 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in Articles 6, 7, 10(3), 13, 14 and 15 shall be implemented through the Internal Market Information System (IMI), established by [reference to IMI Regulation]89 as far as possible and be accompanied by other established means of cooperation such as bilateral agreements.
Amendment 814 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. The mutual assistance between the competent authorities of the Member States provided for in the relevant article of this Directive and Directive 96/71/EC shall be implemented via the existing established means and be complemented where possible with use of the Internal Market Information System (IMI), established by [reference to IMI Regulation]
Amendment 815 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States may continueIn accordance with the principles established in Articles 4 and 5 of Directive 96/71/EC Member States are at freedom to apply bilateral arrangements concerning administrative cooperation and mutual assistance between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.enforcement of Directive 96/71/EC and this Directive
Amendment 822 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. In the context of bilateral agreements referred to in paragraph 2, competent authorities of the Member States shall use IMI as much as possible. In any event, where a competent authority in one of the Member States concerned has used IMI, it shall be used for any follow-up required and shall take precedence over the mechanism(s) foreseen in such a bilateral agreement with respect to administrative cooperation and mutual assistance.
Amendment 826 #
2012/0061(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a EU wide blacklist for serious violations Within three years after the date referred to in Article 20, the Commission shall present to the Council and the European Parliament an impact assessment for the feasibility of an EU wide blacklist for natural and legal persons repeatedly seriously violating the provisions of Directive 96/71/EC and this Directive
Amendment 827 #
Amendment 828 #
2012/0061(COD)
Proposal for a directive
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Where Member States do not transpose the provisions of this directive, the Commission shall launch an ordinary infringement procedure or be tasked by the European Parliament to consider and where justified launch the infringement procedure
Amendment 18 #
2011/2272(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the diversity of vulnerable situations hinders a uniform approach and has led the legislation as well as the policies in existence up to the present time to address the problem of vulnerability on a case by case basis; emphasises that although any consumer can find himself/herself in a vulnerable situation in certain circumstances, some groups of people are structurally vulnerable because of their mental, physical or psychological infirmity, age or credulity - such as children, teenagers, the elderly or certain people made vulnerable by their social and financial situation (such as those with excessive debts) and need therefore special protection
Amendment 24 #
2011/2272(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the strategy for the rights of vulnerable consumers must focus on effectively protecting consumers and preventing vulnerability, irrespective of the instrument used; considers that the notion of "average consumer" lacks the flexibility needed to adapt to specific cases and sometimes does not correspond to real life situations
Amendment 50 #
2011/2272(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets that Directive 2011/83/EU on consumer rights, which is the most recent instrument devoted to the protection thereof, does not apply to certain sectors where a particular vulnerability exists, and does not contain a specific regulation in regard thereto, beyond a mention in Whereas clause 34; considers that transposition of this Directive by Member States should be consistent with the problem of consumer vulnerability and that consumer protection measures should be applied in such a way that particularly vulnerable consumers receive the protection they need
Amendment 110 #
2011/2272(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that children and adolescents are particularly vulnerable to aggressive marketing and advertising ; calls on the Commission to conduct a detailed analysis of the impact of misleading and aggressive advertising on vulnerable consumers, in particular children and adolescents;
Amendment 112 #
2011/2272(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Emphasises especially the vulnerability of children and adolescents to advertisements for alcohol and tobacco; considers that aggressive marketing and advertisement for alcohol and tobacco targeted specifically at children and adolescents should be banned
Amendment 126 #
2011/2272(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that children and adolescents are particularly vulnerable regarding the use of communication technologies such as smart phones and games on the internet; considers that protection measures to avoid excessive billings in such circumstances should be put in place;
Amendment 3 #
2011/2180(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is critical to the one-size-fits all approach in the Bologna process; underlines the need to respect Member States different education systems and learning and teaching traditions, while making mobility possible for students and staff.
Amendment 12 #
2011/2180(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that the Bologna process should involve all stakeholders including staff and students at every stage of development, calls for a ongoing thorough analysis of the impact of the Bologna processes in order to guide future developments and allow decisions to be made in an evidence based approach
Amendment 14 #
2011/2180(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines the 2007 London communiqué whereby the social dimension of education was introduced as one of the goals of the Bologna Process; that this aims to ensure equitable access to education regardless of background; regrets that this goal has not seen sufficient progress, encourages the Commission to facilitate progress in this regard
Amendment 18 #
2011/2180(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights the uneven implementation of the Bologna process between countries and institutions, both between individual EU Member States and between EU Member States and non EU Member States that are Bologna signatories; emphasises that any scoreboard regarding the implementation of the Bologna process should examine the issue in depth; such analysis should include qualitative as well as quantitative assessment in order to guide future developments and allow decisions to be made in an evidence based approach;
Amendment 19 #
2011/2180(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Draws attention to the link between the Bologna process and the Professional Qualifications Directive 2005/36/EC; stresses the need for continuing and soft coordination by the Commission;
Amendment 21 #
2011/2180(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to support Member States in enhancing the transparency of European Credit Transfer and Accumulation System (ECTS) in order to increase transparency so that it can be used as a better comparative tool to facilitate the recognition of professional qualifications;
Amendment 162 #
2011/2180(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the need to respect Member State subsidiarity in terms of education policy and the different forms of education systems operating in the EU; criticises the one-size-fits-all approach adopted under the Bologna Process;
Amendment 19 #
2011/2157(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges the ENP partners to ratify all ILO core labour conventions and align national legislation with them;
Amendment 23 #
2011/2157(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that ENP should tackle urgent labour-market issues such as supply- demand mismatches, informal employment, bad working conditions, illegal child labour and gender imbalances with the expertise and collaboration of the EU and the international organisations that deal with reforming labour markets and developing social policies;
Amendment 27 #
2011/2157(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of job creation butand recalls the need to cope effectively with illegal migration of the joblessin a better way with irregular migration, especially by creating options to stay in the home country;
Amendment 37 #
2011/2157(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reminds about the necessity to ensure that the minimum wage provides an adequate standard of living for workers and their families; deductions from wages should not deprive employees and their dependents of their very means for subsistence;
Amendment 38 #
2011/2157(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that adequate time should be foreseen for notices of termination of employment, taking into account employee’s length of service;
Amendment 39 #
2011/2157(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines the urgent need for extraordinary education and employment measures to tackle the alarmingly high youth unemployment and thereby secure a future for the next generation;
Amendment 47 #
2011/2157(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that ENP should include support for steps towards establishing stronger labour laws in order to protect children from abusive working conditions and to undertake immediate measures towards the eradication of illegal child labour;
Amendment 56 #
2011/2157(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the importance of the right of everyone to form trade unions and the right of trade unions to establish national federations or confederations and urges to facilitate and respect it in practice; reminds that the right to strike is a recognized fundamental right and may not be refused solely on the ground of working in an area essential for a community, without differentiation between specific functions; urges to promote the right to be informed and consulted as applicable to all areas of mutual interest, guaranteed by sanctions, and not excluded solely on the ground of working in civil service;
Amendment 62 #
2011/2157(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to embrace the Poverty Reduction Strategy Papers (PRSP) as the guiding policy framework for medium term pro-poor economic growth and equitable distribution of wealth according to the needs of the country;
Amendment 1 #
2011/2150(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the importance of addressing existing gaps in Member States' implementation and enforcement of Regulation (EC) No 261/2004 and Regulation (EC) No 1107/2006 on air passengers' rights, which contribute to legal uncertainties and constitute obstacles to efficient protection of consumers; encourages the Commission to take action against Member States which do not implement this legislation;
Amendment 13 #
2011/2150(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that information detailing passengers' rights should be communicated in a simple, appropriate and understandable way throughout the key stages of a journey, starting from when the passengers are considering whether to book their ticket ; stresses that air carriers should ensure the presence of contact personnel at each airport they operate from who can take immediate decisions in case of disruption, in particular with regard to assistance, reimbursement, rerouting and rebooking, and with whom complaints can be lodged;
Amendment 18 #
2011/2150(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasises the right of passengers to have easy access to accurate and objective information detailing the environmental impact and energy efficiency of their travel, which should be clearly visible both on the websites of air carriers, as well as on tickets themselves ; calls on the Commission and air carriers to support ongoing work in this direction;
Amendment 27 #
2011/2150(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that existing commercial practices can make it difficult for consumers to understand or foresee allislead consumers about the components making up final air fares and; stresses the need to ensure price transparency, such as the provisions on passenger transport services in the recently adopted Consumer Rights Directive which states that before the consumer is bound by any contract or any offer, the trader shall provide the consumer with the total price inclusive of taxes ; insists that the advertised price must fairly reflect the final price;
Amendment 31 #
2011/2150(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to address the proliferation of unfair terms in air carrier contracts such as the non- transferability of tickets and the unfair requirement that passengers must use the ongoing part of a return ticket in order to be able to use the return part;
Amendment 35 #
2011/2150(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges the Commission to propose the obligation for air carriers to provide for a final guarantee to cover the liabilities of air carriers towards passengers, in the case of insolvency, bankruptcy or removal of an operating license;
Amendment 38 #
2011/2150(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to draw up guidelines on the interpretation of Regulation (EC) No 1107/2006 concerning the rights of air passengers with reduced mobility, notably on the provisions on security and accompanying persons; shares the Commission's view that the current definition of "passengers with reduced mobility" (PRM) should not be restricted ; calls on the Commission to cooperate with the enforcement bodies and the relevant representative organisations in order to improve the implementation of this Regulation;
Amendment 49 #
2011/2150(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages the Commission to work with Member States to identify and overcome shortcomings in national complaint handling bodies and procStresses that the consumers' possibilities of claiming their rights should be increased ; encourages therefore the Commission to propose measures for setting up accessible and independent complaint handling procedures and means of redures and to ensure proper coordination of the legislation on air passengers' rights with the expected EU measures on alternative dispute resolution mechanisms.s which will ensure the effective protection of the rights of passengers and will guarantee that they receive the compensation they are entitled to in a timely and efficient manner ; calls for the national EBs or a new EU EB to assist consumers in their complaints, especially cross-border;
Amendment 52 #
2011/2150(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls to ensure proper consistency between the legislation on air passengers' rights and the expected EU measures on collective redress in order to guarantee passengers' rights in an efficient way and challenge those companies that systematically ignore these rights;
Amendment 1 #
2011/2088(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the percentage of early school leavers in the EU currently stands at 14.4% and that 17.4% of these have only completed primary school; notes that reducing early school leaving has been a target for the EU and Member States for many years but not sufficient progress has been made with rates for early school leaving above 30% in some Member States; agrees with the Commission that Member States are not working hard enough to reduce that number and calls for a stronger commitment from Member States to act and for a closer monitoring from the Commission in order to make sure that Member States are creating and implementing strategies to reduce early school leaving;
Amendment 20 #
2011/2088(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 32 #
2011/2088(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Member States to carry out an analysis of the problem of early school leaving, while taking due account of data protection, and to develop appropriate packages of measures for prevention, intervention and compensation; stresses the importance of exchange of best practices between Member States and support the Council Recommendation on policies to reduce early school leaving which suggests a common European framework for effective and efficient policies against early school leaving, including the idea that Member States should adopt comprehensive national strategies against early school leaving by 2012;
Amendment 70 #
2011/2088(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that pupils’ personal situations, e.g. gender, low level of education in the family or a migrant background, must be taken into account, and that these pupils must be given personalised and flexible learning arrangements and targeted encouragement from the outset; stresses that Roma children and children with no identity papers must be enabled to attend non segregated schools;
Amendment 87 #
2011/2088(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that boys more often leave school early and that we are at risk of creating a lower class of young, unemployed men with little or no education and poor chances of becoming a part of the labour market and society in general; urges Member States to give special attention to boys who have difficulties adapting to the school environment and discourage Member States from lowering the compulsory school age;
Amendment 88 #
2011/2088(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that the highest re-integration rates are achieved by programs addressing the individual needs of early- school-leavers; calls on the institutions to respect the needs and rights of the individuals in developing programs for them;
Amendment 96 #
2011/2088(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges that special individual careers advice be given to early school leavers to facilitate their entry into the world of work, and that they should be enabled by means of specially tailored measures to obtain skills and qualifications later; stresses that pupils from undocumented families must have the right to attend school;
Amendment 102 #
2011/2088(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 107 #
2011/2088(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. ProposAdvocates, in the context of the 2012 EU budget, a p the proposed ‘Pilot pProject aimed at integratingon Youth’ with the objective of a youth guarantee to integrate young people and in particular early school leavers successfully into the labour market;
Amendment 125 #
2011/2088(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that also early school-leavers should be given access to EU funds and mobility programs regardless of their status as ‘out-of-formal-education’; calls on the Commission and the Member States to monitor if these programs are also taken up by early-school-leavers and the organisations working with them.
Amendment 10 #
2011/2085(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that certain services have been excluded from the Services Directive due to their specific nature and that there is a potential need for sectoral EU legislation; notes in this respect that the field of SGI and especially SSGI suffer from a high level of legal uncertainty; points to the long-standing and ongoing stakeholder dialogue on this matter and calls on the Commission finally to take action and propose a legislative instrument on social services of general interest;
Amendment 15 #
2011/2085(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the Single Market Act includes a pledge to bring forward, in 2011, a set of measures related to services of general interest which should improve the functioning of the Single Market for services; welcomes the measures proposed under the Single Market Act which address the labour conditions of workers delivering services in the EU, especially as regards posted workers, and calls for more ambition on the part of the Commission to deliver on these urgent matters; stresses the need to base the European Single Market on sound economic and social rules so as to create a level playing field;
Amendment 7 #
2011/2048(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that public procurement is a key market based instrument which plays a role in fostering sustainable employment and working conditions; underlines in this context that public authorities should, as a general rule, include among the selection criteria clauses asking for the respect of wages and working conditions as set out by law or collective agreements;
Amendment 13 #
2011/2048(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 15 #
2011/2048(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Supports the encouragement of social procurement within the field of goods, e.g. by using fair trade criteria;
Amendment 16 #
2011/2048(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises the significance of the GPA, which mayight limit the scope of any legislative adjustments at EU level as a number of procedural requirements originate directly from GPA but stresses that public procurement rules are, in certain areas, even more restrictive than under GPA; calls on the Commission to seek more flexibility in the rules so as to ensure that social procurement is allowable;
Amendment 26 #
2011/2048(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that contracting authorities have an important role in using their purchasing power to procure goods and services with higher ‘societal’ value; recognises also that public authorities can make an important contribution to the achievement of the EU2020 targets by fostering innovation, creating jobs, promote social inclusion, fighting climate change and including young people in education and training within the context of public procurement;
Amendment 36 #
2011/2048(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of including skills and training requirements, e.g. apprenticeship and traineeships schemes or adult learning schemes, in contract specifications as a long term strategy; stresses however, that these actions must be relevant to the subject matter of the contract, and be proportionate, economically advantageous and take into account the total life cost;
Amendment 58 #
2011/2048(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that a change in procurement practices should seek to simplify procurement rules and thus facilitate socially innovative public procurement; points to the need for legal certainty to encourage innovative and social procurement solutions and remove the fear of negative legal consequences; underlines, in this context, that public authorities must be allowed to apply higher criteria than EU minimum rules;
Amendment 63 #
2011/2048(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the great social and environmental potential in abandoning the simplistic “lowest price” paradigm and shift to a more clever life-cycle cost approach with the term “most economically advantageous”;
Amendment 77 #
2011/2048(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 82 #
2011/2048(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that whether or not a product or service has been sustainable produced is rightly considered as a characteristic of the product which can be compared and contrasted with products or services that have not been sustainable produced; points out that the scope for including requirements regarding the production process in the technical specifications for all types of contracts should be clarified to enable contracting authorities to control the environmental and social impact of contracts awarded by them; stresses that, especially regarding social and health services but also working conditions, the production process is an important element when it comes to assessing the product;
Amendment 13 #
2011/2024(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Encourages all initiatives that aim to facilitate cross-border mobility as a means to the efficient functioning of labour markets and as a means to enhance social cohesion, economic growth and competitiveness within the EU; emphasises the need to establish a balance between these objectives and the need to preserve the possibility for Member States to enforce professional rules justified by public interest, including deontological standards, environmental protection, public safety, health requirements and social standards; recognises the need for modernisation of Directive 2005/36/EC;
Amendment 19 #
2011/2024(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Supports the idea of a "profession card" but stresses the need to accompany this with a strong information system, with full respect for data protection of workers;
Amendment 25 #
2011/2024(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is convinced that the number of regulated professions shallcould be reduced and the scope for automatic recognition of qualifications to new professions should be expanded with special attention being given to innovative sectors and digital industries; underlines the contribution that the mobility of qualified professionals can bring to the dissemination of innovative and green technologies and the need, in this regard, to ensure that the professionals have the qualifications and certificates required to exercise their professional activity;
Amendment 44 #
2011/2024(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need for life long learning, up-skilling and training; points to problems in the regulated professions concerning recognition of training done in another Member State;
Amendment 51 #
2011/2024(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to elaborate, in cooperation with professional organisations and platforms and concerned stakeholders, a common standard of registration of regulated professions and invite Member States to make use of it;
Amendment 58 #
2011/2024(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Ask for further clarification of the proposed prolongation of the general education as an admission requirement for nurse and midwife training
Amendment 73 #
2011/2024(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the call from stakeholders to place greater emphasis on continuous professional development (CPD) including formal, non formal and informal learning; calls for the Commission to clarify the definition of CPD and to explore methods of documenting all learning, perhaps via European Skill Passports and the European Qualifications Framework as well as IMI; encourages competent authorities to provide information on CPD during the recognition process and to exchange best practices in this area;
Amendment 84 #
2011/2024(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. As for further clarification of the proposed deletion of Art 21(4) of the Professional Qualifications Directive
Amendment 88 #
2011/2024(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Argues that the protection of consumer and patient safety is a vital objective in the context of the revision of the directive; that the success of this Directive is highly dependant on assuring safety ; draws attention to the special status of healthcare professionals;
Amendment 114 #
2011/2024(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to set guidelines regarding the time period by which an individual who has submitted a complete dossier should expect a decision from the Competent Authority; reducing this time period through greater use of IMI and optimising procedures would also facilitate mobility, calls on Member States to provide sufficient resources in order to ensure professional recognition within a reasonable time period
Amendment 134 #
2011/2024(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that the concept of a voluntarWelcomes the idea of a professional card and eagerly awaits the results of the ongoing professional card pilot projects; insists that any Pprofessional Ccard, which must be linked to an electronic database such as the IMI, must be voluntary and must be linked to the IMI system; believes that a voluntary professional card could be a useful tool to aid mobility for some professions; stresses that any cardthe introducetion of any card must meet specific safety and data protection conditions and insists that the necessary safeguards against abuse and fraud must be established;
Amendment 143 #
2011/2024(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Highlights that this Directive should integrate data protection, in line with 95/46/EC, and that revisions of this Directive should also include developments in data protection provisions; that there should be up to date contact information for the part of the competent authority responsible for data management, and clear policies regarding the storage and use of a professional’s data, as well as guidelines for the correction of erroneous information
Amendment 8 #
2011/2020(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for an increase in the payment appropriations for the European Social Fund and the creation of a new category of intermediate regions; calls also for a strengthening of the technical assistance under the ESF in order to allow partners to be involved in the planning of the next funding period, in accordance with Article 5 of the ESF Regulation;
Amendment 12 #
2011/2020(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the strengthening of the capacities of the social partners in the context of the flagship initiative on new skills and would like the budget to acknowledge their role in industrial policy; stresses that EURES has a key role in advising mobile workers and job-seekers on their rights and that this helps to deliver on a true internal market and underlines the important role of social partners regarding advice for workers in cross-border partnerships; stresses that EURES as a best practice for promoting fair mobility needs to be given the necessary resources in the budget to respond to the challenges of the European labour market and to support the important work of social partners in border regions;
Amendment 22 #
2011/2020(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for adequate financing for the preparatory action on ‘Your first EURES job’ for 2012 and welcomes and echoes the initiative of the Commission to create a legal base and a separate budget line on this by 2013 as a concrete measure to tackle youth unemployment.
Amendment 7 #
2011/2019(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Is also of the opinion that, unless available resources are used more innovatively and effectively, Member States' budgetary consolidation cannot be sustainable; stresses that new sources of income at EU level could also play an important role in securing social inclusion and job creation;
Amendment 11 #
2011/2019(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Underscores the role of theEmphasizes the need for a rapid intervention tool to address mass redundancies related to the crisis or globalisation, combined with medium and long term measures that address the transformation process to a more green sustainable economy; underscores the role of an improved European Globalisation Adjustment Fund in this process, and calls fors part of an increase in paymenttegrated approach, and calls for appropriationse funding for the relevant budget heading;
Amendment 12 #
2011/2019(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for better use of PROGRESS so as to enhance how public employment services functionand strengthened financial support of PROGRESS so as to enhance the fight against poverty and social exclusion through the support of civil society organizations providing tailor-made solutions on the ground and transnational cooperation and exchange of best practices with regard to active labour- market measuresintegration measures as Progress is the main instrument for the implementation of the Open Method of Coordination, and points out that, as agreed under the microfinancinge facility agreement, the budget for PROGRESS must be topped up; by at least 10 million EUR to ensure the originally foreseen budget for the programme;
Amendment 21 #
2011/2019(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the need to invest in the creation of decent jobs and underlines the role green jobs play in this context
Amendment 22 #
2011/2019(BUD)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Stresses the need for budgetary support to fight youth unemployment as unemployment at an early stage of the working life puts individuals at a significantly higher risk of poverty. Stresses that efforts to create decent work for young people have also an impact on the EU2020 goal regarding poverty reduction;
Amendment 36 #
2011/0439(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article, 14, Article 53(1) and Article 62 and Article 114 as well as Protocol 26 thereof,
Amendment 38 #
2011/0439(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In order to guarantee the opening up to competition of procurement by entities operating in the water, energy, transport and postal services sectors, provisions should be drawn up coordinating procurement procedures in respect of contracts above a certain value. Such coordination is needed to ensure the effect of the principles of the Treaty on the Functioning of the European Union and in particular the free movement of goods, the freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. In view of the nature of the sectors affected by such coordination, the latter should, while safeguarding the application of those principles, establish a framework for sound commercial practice and should allow maximum flexibility. Public procurement rules have to respect the distribution of competences as enshrined in Article 14 TFEU and Protocol No 26. The application of those rules should not interfere with the freedom of public authorities to decide how they carry out their public service tasks.
Amendment 41 #
2011/0439(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Public procurement plays a key role in the Europe 2020 strategy16 as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors17 and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts18 have to be revised and modernised in order to increase the efficiency of public spending,enable procurers to make better use of public procurement in support of sustainable development and other common societal goals, thereby increasing the efficiency of public spending, ensuring best value for money and facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals. There is also a need to simplify the Directives and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union. This Directive provides legislation on how to buy. Contracting entities may set demands that are stricter or go further than current EU-Legislation in order to reach the common objectives.
Amendment 43 #
2011/0439(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Under Article 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and social considerations must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development. This Directive clarifies how the contracting entities may contribute to the protection of the environment and the promotion of sustainable development, whilst ensuring that and how they can use their discretionary power to select technical specifications and award criteria with the aim of achieving sustainable public procurement, whilst ensuring the link to the subject matter of they contract and obtaining the best value for money for their contracts.
Amendment 54 #
2011/0439(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Given that contracting entities, which are not contracting authorities, might not have access to indisputable proof on the matter, it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in Directive [2004/18] to such contracting entities. The obligation to apply Article 55(1) and (2) of Directive [2004/18] should therefore be limited to contracting entities that are contracting authorities. Furthermore, contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, collective agreements and accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 64 #
2011/0439(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11. This directive does thus not cover procurement which is not connected to utility activities.
Amendment 65 #
2011/0439(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 70 #
2011/0439(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Amendment 71 #
2011/0439(COD)
Proposal for a directive
Article 19 b (new)
Article 19 b (new)
Article 19b Specific Regimes to deliver SGI This directive shall not apply to tried and tested Member State procedures that are based on the user’s free choice of service providers (i.e. voucher system, free choice model, triangular relationship) as well as the principle that all providers which are able to comply with the conditions previously laid down by law should, irrespective of their legal form, be permitted to provide services, provided that account is taken of the general principles of equal treatment, transparency and non-discrimination.
Amendment 72 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 80% of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 73 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c
Article 21 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, with the exception of legally enforced forms or private participation.
Amendment 74 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
Amendment 75 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – 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 with the exception of legally enforced forms or private participation.
Amendment 76 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – introductory part
Article 21 – 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 contract without applyingoutside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:
Amendment 77 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 78 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point c
Article 21 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, with the exception of legally enforced forms or private participation.
Amendment 79 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
Amendment 80 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – introductory part
Article 21 – paragraph 4 – introductory part
4. An agreement concluded between two or more contracting authorities shall not be deemed to be a ‘'works, supply or service contract’' within the meaning of point 7 of Article 2 of this Directive and thus falls outside this Directive, where the following cumulative conditions are met:
Amendment 81 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point a
Article 21 – paragraph 4 – point a
(a) the agreement establishes a genuine co-operation between thepurpose of the partnership is the provision of a public-service task conferred on all participating contractingpublic authorities aimed at carrying out jointly, or the provision of an ancillary task necessary to deliver their public service tasks and involving mutual rights and obligations of the par conferred on all the public authorities;
Amendment 82 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point b
Article 21 – paragraph 4 – point b
Amendment 83 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point c
Article 21 – paragraph 4 – point c
(c) the participating contractingpublic authorities do not perform on the open market more than 120 % in terms of turnover of the activities which are relevant in the context of the agreemensubject of the contract;
Amendment 84 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point d
Article 21 – paragraph 4 – point d
Amendment 85 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point e
Article 21 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involved. task is carried out solely by the public authorities concerned, with no participation of a private party with the exception of contracting authorities participating in the cooperation as a public law body in the sense of Article 2(4)
Amendment 86 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation is legally enforced and/or the private participation was not foreseeable at the time of the initial contracting.
Amendment 87 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2 a (new)
Article 21 – paragraph 5 – subparagraph 2 a (new)
However transferring tasks between public sector organisations is a matter for the Member States' internal administrative organisation and not subject to procurement law.
Amendment 92 #
2011/0439(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
Member States may reserve the right to participate in procurement procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes, provided that more than 30% of the employees of those workshops, economic operators or programmes are disabled and/or disadvantaged workerpersons. 'Disadvantaged persons' includes amongst others: the unemployed, people experiencing particular difficulty in achieving integration, people at risk of exclusion, members of vulnerable groups and members of disadvantaged minorities.
Amendment 97 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point c
Article 55 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all relevant stakeholders, including government bodies, consumers, manufacturers, trade unions, distributors and environmental and social organisations may participate,have a substantial role. Government bodies may participate but are not obligatory;
Amendment 99 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point e
Article 55 – paragraph 1 – subparagraph 1 – point e
(e) the criteria ofrequirements to be met in order to obtain the label are set by a third party which is independent from the economic operator applying for the label.
Amendment 100 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
Contracting entities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the specific label indicated by the contracting entities. For products that do not bear the label, contracting eContracting entities shall accept other appropriate means of proving such requirements, which may include a technical dossier of the manufacturer where the economic operator concerned has no access to the label, or no possibility of obtaining it within the relevanti ties shall also accept a technical dossier of the manufacturer or other appropriate means of proof. me limits, provided that the lack of access is not attributable to the economic operator concerned. In order not to discriminate those tenderers who invest time and money for certificates, the burden for providing equivalence with a specific label should be placed on the tenderer claiming equivalence.
Amendment 103 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or ofcollective agreements which apply in the place where the work, service or supply is performed or by the international social and environmental law provisions listed in Annex XIV and provided they are linked to the subject matter of the contract.
Amendment 115 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
(b) external costs such as social and/or environmental costs, directly linked to the life cycle, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 116 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – introductory part
Article 77 – paragraph 2 – subparagraph 1 – introductory part
Where contracting entities 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. The methodology useddata to be provided by the tenderers and the method which the contracting authority will use to determine the life-cycle costs. The method used for the assessment of those life-cycle costs must fulfil all of the following conditions:
Amendment 117 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point a
Article 77 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on the basis of scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 118 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point b
Article 77 – paragraph 2 – subparagraph 1 – point b
Amendment 119 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 2
Article 77 – paragraph 2 – subparagraph 2
Amendment 84 #
2011/0438(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treaty on the Functioningies of the European Union, and in particular the free movement of goods, freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non- discrimination, mutual recognition, proportionality and transparency and with the distribution of competencies as enshrined in Article 14 (1) TFEU and the Protocol No 26. The European regulation of public procurement should respect the wide discretion of public authorities in carrying out their public service tasks. However, for public contracts above a certain value, provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition.
Amendment 85 #
2011/0438(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to increaseenable procurer to make better use of public procurement in support of sustainable development, innovation, social inclusion and other common societal goals, thereby increasing the efficiency of public spending, ensuring best value for money, facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals. There is also a need to simplify the Directives and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well- established case-law of the Court of Justice of the European Union. This Directive provides legislation on how to buy. Contracting authorities may set demands that are stricter or go further than current EU-Legislation in order to reach the common objectives.
Amendment 88 #
2011/0438(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Under Articles 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and social considerations must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development. This Directive clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development, whilst ensuring that and how they can use their discretionary power to select technical specifications and award criteria with the aim of achieving sustainable public procurement, whilst ensuring the link to the subject matter of they contract and obtaining the best value for money for their contracts.
Amendment 103 #
2011/0438(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, collective agreements and accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 121 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose.
Amendment 122 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 131 #
2011/0438(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10 a Specific Regimes to deliver SGI This directive shall not apply to tried and tested Member State procedures that are based on the user's free choice of service providers (i.e. voucher system, free choice model, triangular relationship) as well as the principle that all providers which are able to comply with the conditions previously laid down by law should, irrespective of their legal form, be permitted to provide services, provided that account is taken of the general principles of equal treatment, transparency and non-discrimination.
Amendment 136 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 139 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, with the exception of legally enforced forms of private participation.
Amendment 140 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 145 #
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, with the exception of legally enforced forms of private participation.
Amendment 150 #
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 applyingoutside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:
Amendment 155 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 158 #
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 private participation in the controlled legal person, with the exception of legally enforced forms of private participation.
Amendment 160 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – introductory part
Article 11 – paragraph 3 – subparagraph 2 – introductory part
Amendment 163 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
Amendment 167 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point b
Article 11 – paragraph 3 – subparagraph 2 – point b
Amendment 170 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
Article 11 – paragraph 3 – subparagraph 2 – point c
Amendment 174 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point d
Article 11 – paragraph 3 – subparagraph 2 – point d
Amendment 179 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. An agreement concluded between two or more contracting authorities shall not be deemed to be a public contract within the meaning of Article 2(6) of this Directive and thus fall outside the scope of this Directive where the following cumulative conditions are fulfilled:
Amendment 181 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) the agreement establishes a genuine cooperation between the participating contracting authorities aimed at carrying out jointly theirpurpose of the partnership is the provision of a public -service tasks and involving mutual rights and obligations of the par conferred on all participating public authorities;
Amendment 182 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 185 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) the participating contractingpublic authorities do not perform on the open market more than 120 % in terms of turnover of the activities which are relevant in the context of the agreement;
Amendment 186 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point d
Article 11 – paragraph 4 – point d
Amendment 189 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point e
Article 11 – paragraph 4 – point e
(e) the task is carried out solely by the public authorities concerned there is no private participation in any of the contracting authorities involved with the exception of forms of legally enforced private participation.
Amendment 194 #
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 private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation is legally enforced and/or the private participation was not foreseeable at the time of the initial contracting.
Amendment 196 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2 a (new)
Article 11 – paragraph 5 – subparagraph 2 a (new)
However transferring tasks between public sector organisations is a matter for the Member States' internal administrative organisation and is not subject to procurement rules.
Amendment 197 #
2011/0438(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a Service contracts awarded on the basis of exclusive rights This Directive shall not apply to public service contacts awarded by a contracting authority to another contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.
Amendment 210 #
2011/0438(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States may reserve the right to participate in public procurement procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes, provided that more than 30% of the employees of those workshops, economic operators or programmes are disabled and/or disadvantaged workers. persons. 'Disadvantaged persons' includes amongst others: the unemployed, people experiencing particular difficulty in achieving integration, people at risk of exclusion, members of vulnerable groups and members of disadvantaged minorities. The call for competition may make reference to this provision.
Amendment 256 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, trade unions, distributors and environmental and social organisations, may participate,
Amendment 260 #
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 criteriaattribution and verification of the label are setundertaken by a third party which is independent from the economic operator applying for the label.
Amendment 261 #
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 shallmay also accept a technical dossier of the manufacturer or other appropriate means of proof of equivalence. However in order not to discriminate those tenderers who invest time and money for certificates, the burden for providing equivalence with a specific label should be placed on the tenderer claiming equivalence.
Amendment 268 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or ofcollective agreements which apply in the place where the work, service or supply is performed or by the international social and environmental law provisions listed in Annex XI and provided they are linked to the subject matter of the contract.
Amendment 287 #
2011/0438(COD)
Proposal for a directive
Article 60 – paragraph 3 a (new)
Article 60 – paragraph 3 a (new)
3a. Proof of the tenderer of candidates have taken into account, when drawing up their tender, of the obligations relating to employment protection provisions and the working conditions which are in force in the place where the works are to be carried out or the service is to be provided.
Amendment 310 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 1 – point b
Article 67 – paragraph 1 – point b
(b) external costs such as social and/or environmental costs, directly linked to the life cycle, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 314 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point b
Article 67 – paragraph 2 – subparagraph 1 – point b
Amendment 316 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 2
Article 67 – paragraph 2 – subparagraph 2
Contracting authorities shall allow economic operators, including economic operators from third countries, to apply a different methodology for establishing the life-cycle costs of their offer, provided that they prove that this methodology complies with the requirements set out in points a, b and c and is equivalent to the methodology indicated by the contracting authority. However in order not to discriminate those tenderers who invest time and money to comply with the methodology indicated by the contracting authority, contracting authorities may ask for a third party certified document as proof for the fulfilment of the equivalence.
Amendment 317 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
Amendment 350 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 1
Article 75 – paragraph 1
Amendment 351 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
Article 75 – paragraph 3 – subparagraph 1
The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard formsI.
Amendment 352 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 4
Article 75 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.
Amendment 353 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 356 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 2
Article 76 – paragraph 2
2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.
Amendment 240 #
Amendment 20 #
2011/0435(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The Commission should evaluate 5 years after adoption of the European Professional Card the impact of making such a Professional Card compulsory and indicate whether further action seems advisable at a later stage.
Amendment 42 #
2011/0435(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeship in another Member State where such traineeship is possible should be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State.
Amendment 51 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EC
Article 1
Article 1
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships pursued in another Member State.
Amendment 54 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeship in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self- employed or employed basis.
Amendment 58 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point i
Article 1 – paragraph 1 – point 3 – point a – point i
Directive 2005/36/EC
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “professional experience”: the actual and lawful full-time or equivalent part- time pursuit of the profession concerned in a Member State; which facilitates in relation to a specific profession, the achievement of standards of knowledge, competence, ability and skills;
Amendment 59 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3.– paragraph 1 – point j
Article 3.– paragraph 1 – point j
(j) “remunerated traineeship”: the pursuit of supervised and remunerated activities, with a view to access to a regulated profession granted on the basis of an examination;
Amendment 62 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – point l a (new)
Article 3 – paragraph 1 – point l a (new)
(l a) "continuing professional development": the means by which members of professional associations maintain, improve and broaden their knowledge and skills and develop the personal qualities required in their professional lives.
Amendment 63 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 1 a (new)
Article 4a – paragraph 1 a (new)
1a. The Commission shall support Member States and the relevant professions in implementing a process to introduce the European Professional Card as an option. This process shall be evaluated by an impact study 5 years after adoption of the European Professional Card and indicate whether further action seems advisable at a later stage.
Amendment 91 #
2011/0435(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In order to promote the free movement of professionals, while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a European Professional Card. In particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system, as well as to promote a simplified recognition process under the general system. The card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities. The time required for the verification of an application for a European Professional Card will depend on the profession. Therefore, pilot projects should be undertaken in order to define realistic timeframes for each profession. These timeframes should be made publically available by the Commission, for example on the YourEurope portal and at the assistance centres provided for in Article 57b. The results from these pilot projects may be extrapolated to similar professions. The functioning of the card should be supported by the Internal Market Information System (IMI) established by Regulation (EU) No […] on administrative cooperation through the Internal Market Information System23 . This mechanism should help enhance synergies and trust among competent authorities, while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals. The process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant. The card and the related workflow within IMI should ensure the integrity, authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein.
Amendment 96 #
2011/0435(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) The introduction of a professional card should be voluntary and at the request of the profession concerned. Two thirds of the Member States or the professional bodies of the Member States must be favour for a professional card for it to be introduced.
Amendment 102 #
2011/0435(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or otherrelating to the public interest, a Member State should be able to refuse partial access. Partial access may not be granted to healthcare professionals, a Member State should be able to refuse partial accesss benefitting from automatic recognition as listed in Annex V.
Amendment 111 #
2011/0435(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Temporary and occasional provision of services in Member States should be subject to safeguards, notably a requirement of a minimum two years' prior professional experience, in the interest of the protection of local consumers in the host Member State if the profession is not regulated in the home Member State. However, these safeguards are not necessary if the consumers, who have their habitual residence in the Member State of establishment of the professional, have already chosen such a professional and there are no public health or safety implications for third persons in the host Member State. The temporary mobility regime should not be used as a substitute for undergoing the full recognition regime in accordance with Article 7. Therefore, if a professional with temporary access wishes to continue provision of service for a period of more than one continuous year, the professional must make the declaration provided for by Article 7.
Amendment 112 #
2011/0435(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The recognition requirements for temporary mobility should not be a substitute for the recognition requirements for long term mobility. In order to close the loophole whereby professionals gain recognition via the lighter, temporary mobility regime and continue to practice indefinitely, temporary mobility will be restricted to one year of continuous service provision throughout the territory of the European Union. Following this year, the professional must gain full recognition via Article 4b or Title III. An exception is made for service providers who regularly provide services for periods less than one year in another Member State. The Commission is invited to establish a list of such professions via delegated acts in accordance with Article 58.a (new) and publish this list.
Amendment 119 #
2011/0435(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to apply the mechanism of recognition under the general system, it is necessary to group the various national education and training schemes into different levels. Those levels, which are established only for the purpose of the operation of the general system, should have neither effect upon the national education and training structures nor upon the competence of Member States in this field, including a national policy for implementing the European Qualifications Framework. The Commission should present an evaluation, along with proposals, where appropriate, of the possibility of aligning the levels in this Directive and those of the European Qualifications Framework, within 2 years after the entry into force of this Directive. This evaluation should also include the proposals to give the European Credit Transfer System a legal definition in the Community Aquis. This can be a tool to promote the transparency and comparability of qualifications and can be a useful additional source of information for the competent authorities examining the recognition of qualifications issued in other Member States. The levels established for the operation of the general system should in principle no longer be used as a criterion for excluding Union citizens from the scope of Directive 2005/36/EC when this would be contrary to the principle of life long learning.
Amendment 120 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2005/36/EC
Article 13 a (new)
Article 13 a (new)
(11 a) The following Article 13a is inserted: "Article 13a Where Member States require their own professionals to undertake and demonstrate continuing professional development, these Member States will also have the right of extending this requirement to professionals from other Member States intending to practice within its territory."
Amendment 139 #
2011/0435(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2005/36/EC already provides for clear obligations for professionals to have the necessary language skills. The review of that obligation has shown a need to clarify the role of competent authorities and employers notably in the interest of patients' safety. Language controls should however be reasonable and necessary for the jobs in question and should not constitute grounds for excluding professionals from the labour market in the host Member State and consumer safety. The role of the competent authority is to verify the language skills of professionals for the purpose of exercising their professional activity. Language checks carried out by or under the supervision of the competent authority should not prejudice the subsequent ability of employers to conduct normal recruitment procedures in order to determine the professional's fitness to perform the particular post for which they are applying. Language controls should however be reasonable and necessary for the jobs in question. The definition of reasonable and necessary shall be defined in cooperation between the competent authorities and the national social partners within a given sector. In the case there is no competent authority for a particular profession, Member States should ensure that there is a recognised body that can undertake language testing.
Amendment 141 #
2011/0435(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Member States may only require professionals from other Member States to demonstrate continuing professional development where the host Member State requires its own nationals to undertake continuing professional development.
Amendment 143 #
2011/0435(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeship in another Member State where such traineeship is possible should be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State.
Amendment 145 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) at least four years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remunerated traineeship;
Amendment 146 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
(b) at least five years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.
Amendment 147 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The remunerated traineeship must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1. The completion of the remunerated traineeship must be attested to in a certificate accompanying the evidence of formal qualifications.
Amendment 151 #
2011/0435(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) Traineeships are distinct from partial access, therefore Article 4.f shall not apply to traineeships
Amendment 153 #
2011/0435(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Whilst the Directive already provides for detailed obligations for Member States to exchange information, such obligations should be reinforced. Member States should not only react to request for information but also alert other Member States in a proactive manner. Such alert system should be similar to that of Directive 2006/123/EC. A specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under Directive 2005/36/EC. This should also apply to veterinary surgeons unless the Member States have already triggered the alert mechanism provided for in Directive 2006/123/EC.This Directive introduces specific alert mechanism All Member States should be alerted if a professional due to a disciplinary action or criminal conviction is no longer entitled to move to another Member Statconsidered fit to practice. This alert should be activated through the IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or of whether he has applied for recognition of his professional qualifications through the issuance of a European Professional Card or through any other method provided for by that Directive. The alert procedure should comply with Union law on the protection of personal data and other fundamental rights.
Amendment 159 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions with patienthealth and safety implications, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system, or in case of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisationsemployer. This shall not exclude the right of an employer to test language skills via another method, e.g. role play exercise during the course of an interview. If the professionals has passed a test, he shall not be required to sit the same test twice.
Amendment 162 #
2011/0435(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In order to supplement or amend certain non-essential elements of Directive 2005/36/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of updating of Annex I, setting the criteria for the calculation of fees related to the European Professional Card, establishing the details of the documentation necessary for the European Professional Card, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and of the relevant stakeholder forum or fora as provided for in Article 57.c (new). In particular, the professions should be consulted in accordance with Article 58.a (new) and their proposals integrated into delegated acts concerning the adaptations of the list of activities set out in Annex IV, the adaptations of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, clarifying the knowledge and skills for medical doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects, adapting the minimum periods of training for specialist medical trainings and specialist dental training, the inclusion in point 5.1.3 of Annex V of new medical specialities, the amendments to the list set out in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, and inclusion in point 5.3.3 of Annex V of new dental specialities, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing- up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 166 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55a – Title
Article 55a – Title
Recognition of remunerated traineeship
Amendment 168 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55a
Article 55a
With a view to grant access to a regulated profession, the home Member State shall recognise the remunerated traineeship pursued in another Member State and certified by a competent authority of that Member State.
Amendment 169 #
2011/0435(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The advisoryexamination procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules regarding the specification of European Professional Cards for specific professions, the format of the European Professional Card, the translations necessary to support an application for issuing a European Professional Card, details for the assessment of the applications for a European Professional Card, the technical specifications and the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for making available a European Professional Card, the conditions of access to the IMI file, the technical means and the procedures for the verification of the authenticity and validity of a European Professional Card and the implementation of the alert mechanism, due to the technical nature of those implementing acts. Where necessary, the Commission may undertake pilot projects, consultation and taking into account proposals from professional bodies as provided for in Article 58.a (new) stakeholder fora as provided in Article 57.c.(new) in order to evaluate the functioning of the rules and procedures to be incorporated into the Implementing Act (s).
Amendment 173 #
2011/0435(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 179 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships pursued in another Member State.
Amendment 189 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeship in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self- employed or employed basis.
Amendment 200 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) “remunerated traineeship”: the pursuit of supervised and remunerated activities, with a view to access to a regulated profession granted on the basis of an examination;
Amendment 213 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Directive 2005/36/EC
Article 3 – paragraph 1 – point l (new)
Article 3 – paragraph 1 – point l (new)
(l a) 'Temporary provision of services': the provision of services for a continuous period of less than one year
Amendment 221 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4 – paragraph 1 – subparagraph 2 (new)
Article 4 – paragraph 1 – subparagraph 2 (new)
The introduction of a professional card should be at the request of the profession in question. The minimum threshold should be where two-thirds of Member States or their competent authorities are in favour of the introduction of such a card.
Amendment 222 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4 – paragraph 1 – subparagraph 3 (new)
Article 4 – paragraph 1 – subparagraph 3 (new)
The Commission should be empowered to adopt delegated acts in accordance with Article 58a, following consultation of the relevant stakeholder forum or fora as provided for in Article 57.c and taking into account their proposals, concerning the procedure to be followed when a profession requests the introduction of a professional card.
Amendment 235 #
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 6
Article 4 a – paragraph 6
6. The Commission shall adopt implementing acts, following consultation with professional bodies and stakeholders as provided for by Articles 57.c.(new) and 58.a (new) and taking into account their proposals, specifying European Professional Cards for specific professions, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 243 #
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, following consultation with the relevant stakeholder forum or fora in Article 57.c.(new) to adopt delegated acts integrating the proposals of this forum or these fora in accordance with Article 58a concerning the setting of criteria for the calculation and distribution of fees.
Amendment 247 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4 a – paragraph 9 (new)
Article 4 a – paragraph 9 (new)
The Commission should undertake a review, accompanied with amending proposals where appropriate, of the success of the professional card as an instrument for mobility, not later than 3 years after the entry into force of this Directive.
Amendment 252 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4b – paragraph 2
Article 4b – paragraph 2
2. Applications shall be supported by the documentation required by Article 7(2) and Annex VII as appropriate. The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the establishment of the details of the documentation.
Amendment 256 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4 c – paragraph 4 (new)
Article 4 c – paragraph 4 (new)
Notwithstanding Article 4b and 4c, the European Professional Card shall be valid for as long as its holder maintains the right to practice in the home Member State on the basis of the documents and information contained in the IMI file. The European Professional Card should be renewed regularly or in accordance with the host Member State provisions for that profession
Amendment 258 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4b – paragraph 4
Article 4b – paragraph 4
The Commission may adopt implementing acts, following consultation with professional bodies and stakeholders as provided for by Articles 57.c.(new) and 58.a (new) and taking into account their proposals, specifying the technical specifications, the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for making available a European Professional Card to its holder, including the possibility of downloading it or submitting updates for the file. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 259 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4.b (new)
Article 4.b (new)
Temporary mobility Following consultation of stakeholders as provided for in Article 58.c (new), the Commission shall be empowered to adopt via delegated acts a list of professions which move regularly to other Member States provide services for short periods of time. Professions appearing on this list will be required to renew their professional card annual ad infinitum.
Amendment 266 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
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 weeks from the date it receives a complete applicationhe time limits as defined in Art 4.d.5(new). 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 yearsSuch a professional card should be renewed annually.
Amendment 276 #
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 c – paragraph 2
Article 4 c – paragraph 2
2. The decision of the home Member State, or the absence of a decision within the period of two weeks referred todefined in paragraph 15 (new), shall be subject to appeal under national law.
Amendment 277 #
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 c – paragraph 3
Article 4 c – paragraph 3
3. If a holder of a European Professional Card wishes to provide services in Member States other than those initially informed pursuant to paragraph 1 or wishes to continue providing services beyond the period of twoone years referred to in paragraph 1, he may continue to use the European Professional Card referred to in paragraph 1. In those cases the holder of the European Professional Card shall make the declaration provided in Article 7.
Amendment 279 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4c – paragaph 5 (new)
Article 4c – paragaph 5 (new)
The Commission shall be empowered, following consultation with professional bodies and stakeholders as provided for by Articles 57.c.(new) and 58.a (new) and taking into account their proposals, and pilot projects where appropriate, to adopt delegated acts integrating the proposals of this forum or these fora and professional bodies, concerning the appropriate length of time required for approval and validation of the professional card for that profession. The Commission shall make publically available these deadlines.
Amendment 284 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
1. Upon receipt of a complete application for a European Professional Card, the competent authority of the home Member State shall, within two weekshe period of time as defined in Article 4.d.5 (new), verify and confirm the authenticity and validity of the submitted supporting documents, create the European Professional Card, transmit it for validation to the competent authority of the host Member State and inform that authority on the corresponding IMI file. The applicant shall be informed by the home Member State of the state of the procedure.
Amendment 288 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2. In the cases referred to in Article 16, 21 and 49a, a host Member State shall decide on validation of a European Professional Card under paragraph 1 within one month asthe time limits as defined in Article 4.d.5 (new) from the date of receipt of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of one monthdefined in Article 4.d.5(new).
Amendment 294 #
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 d – paragraph 2
Article 4 d – paragraph 2
3. In the cases referred to in Articles 7(4) and 14, a host Member State shall decide on whether to recognise the holder's qualifications or to subject him to compensation measures within two monthshe time period as defined in Article 4.d.5 (new) from the date of receipt for validation of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of two monthsdefined in Article 4.d.5 (new).
Amendment 300 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Amendment 313 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4d.8 (new)
Article 4d.8 (new)
Member States, for reasons of overriding public interest, may apply the provisions of this Article to the temporary provision of services for professions not within the scope of Article 7(4). This measure should be justified, proportionate and non- discriminatory. Member States should notify any decisions to the Commission, who shall make them public.
Amendment 315 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 1
Article 4e – paragraph 1
1. The competent authorities of the home and the host Member States shall update in a timely manner the corresponding IMI file with information regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances, including decisions taken in accordance with Article 56.a, which are likely to have consequences for the pursuit of activities of the holder of the European Professional Card under this Directive. Such updates include the deletion of information which is no longer required. The holder of the European Professional Card and the competent authorities involved in the corresponding IMI file shall be informed of any updates by the competent authorities concerned.
Amendment 325 #
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.e – paragaph 7 – subparagraph 2
Article 4.e – paragaph 7 – subparagraph 2
The Commission shall adopt implementing acts specifying the conditions of access to the IMI file, the technical means and the procedures for the verification referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 345 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1 – point b)
Article 4f – paragraph 1 – point b)
Amendment 359 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may not be granted to healthcare professions benefitting from automatic recognition as listed in Annex V. In addition, partial access may be rejected if such rejection is justified by an overriding reason of generalrelating to the public interest, s. Such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessarymeasures should be justified and proportionate.
Amendment 367 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 4
Article 4f – paragraph 4
Amendment 372 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4.f – paragraph 5 a (new)
Article 4.f – paragraph 5 a (new)
5 a. Traineeships are distinct from partial access and therefore the provisions of this Article do not apply to traineeships.
Amendment 388 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
(7 a) For the first provision of services, in the case of regulated professions having overriding reasons relating to the public interest, which do not benefit from automatic recognition under Chapter III of Title III , the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient, the service provider or the public in general due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose.
Amendment 391 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a – point ii
Article 1 – paragraph 1 – point 7 – point a – point ii
Directive 2005/36/EC
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) in the case of evidence of formal qualifications referred to in Article 21 (1) and in the case of certificates of acquired rights referred to in Articles 23, 26, 27, 30, 33, 33a, 37, 39, and 43, evidence attesting knowledge of the language in which the professional will exercise his profession which should be one of the official languages of the host Member State
Amendment 394 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4
Article 7 – paragraph 4
For the first provision of services, in the case of regulated professions having public health or safety implicationsoverriding reasons relating to the public interest, which do not benefit from automatic recognition under Chapter II or III of Title III , the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient, the service provider or the public in general due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose.
Amendment 398 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – paragraph 2
Article 7 – paragraph 4 – paragraph 2
Member States shall notify to the Commission the list of professions for which a prior check of qualifications is necessary in order to avoid serious damage to the health or safety of the service recipient, the service provider or the public in general under its national laws and regulations. Member States shall provide the Commission with a specific justification for the inclusion of each of those professions in the list.
Amendment 406 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7– paragraph 4– subparagraph 5
Article 7– paragraph 4– subparagraph 5
Amendment 408 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 2005/36/EC
Article 11.a (new)
Article 11.a (new)
(9a) Two years after the entry into force of this Directive, the Commission should propose legislation providing for an alignment with the five levels provided for in Article 11 with the eight levels of the European Qualifications Framework as well as incorporation of the European Credit Transfer System into the Community Aquis
Amendment 440 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Directive 2005/36/EC
Article 17 new
Article 17 new
Article 17 new (13a) Member States may only require professionals from other Member States to demonstrate that they have undertaken Continuous Professional Development if the host Member State requires their own nationals to undertake these measures.
Amendment 461 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2005/36/EC
Article 24 – paragraph 4
Article 24 – paragraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals to adopt delegated acts in accordance with Article 58a to specify:
Amendment 466 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Directive 2005/36/EC
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the adaptations of the minimum periods of training referred to in point 5.1.3 of Annex V to scientific and technical progress.
Amendment 467 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2005/36/EC
Article 26 – paragraph 2
Article 26 – paragraph 2
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the inclusion in point 5.1.3 of Annex V of new medical specialties common to at least one third of the Member States with a view to updating this Directive in the light of changes in national legislation.
Amendment 480 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b
Article 1 – paragraph 1 – point 22 – point b
Directive 2005/36/EC
Article 31– paragraph 2
Article 31– paragraph 2
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning amendments to the list set out in point 5.2.1 of Annex V with a view to adapting it to the educational, scientific and technical progress.
Amendment 489 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 –paragraph 7
Article 31 –paragraph 7
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 503 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point a
Article 1 – paragraph 1 – point 24 – point a
Directive 2005/36/EC
Article 34 –paragraph 2 –– subparagraph 2
Article 34 –paragraph 2 –– subparagraph 2
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the adaptations of the list set out in point 5.3.1. of Annex V with a view to adapting it to scientific and technical progress.
Amendment 506 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point b
Article 1 – paragraph 1 – point 24 – point b
Directive 2005/36/EC
Article 34 – paragraph 4
Article 34 – paragraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 508 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25 – point c
Article 1 – paragraph 1 – point 25 – point c
Directive 2005/36/EC
Article 35 – paragraph 4 – subparagraph 4
Article 35 – paragraph 4 – subparagraph 4
4. The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the adaptations of the minimum period of training referred to in paragraph 2 with a view to adapting it to scientific and technical progress.
Amendment 509 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25 – point c
Article 1 – paragraph 1 – point 25 – point c
Directive 2005/36/EC
Article 35 – paragraph 4 –subparagraph 4
Article 35 – paragraph 4 –subparagraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the inclusion in point 5.3.3. of Annex V of new dental specialties common to at least one third of the Member States, with a view to updating this Directive in the light of changes in national legislation.
Amendment 512 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point a
Article 1 – paragraph 1 – point 26 – point a
Directive 2005/36/EC
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the adaptations of the list in point 5.4.1. of Annex V with a view to adapting it to scientific and technical progress.
Amendment 515 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2005/36/EC
Article 38 – paragraph 4
Article 38 – paragraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 516 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27 – point a
Article 1 – paragraph 1 – point 27 – point a
Directive 2005/36/EC
Article 40 – paragraph 1 – sub paragraph 2
Article 40 – paragraph 1 – sub paragraph 2
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the amendment of the list in point 5.5.1. of Annex V with a view to adapting it to the educational, scientific and technical progress.
Amendment 521 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27 – point c
Article 1 – paragraph 1 – point 27 – point c
Directive 2005/36/EC
Article 40 – paragraph 4
Article 40 – paragraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 535 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 – point b
Article 1 – paragraph 1 – point 30 – point b
Directive 2005/36/EC
Article 44 – paragraph 4
Article 44 – paragraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 538 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 - paragraph 1
Article 46 - paragraph 1
1. The duration of the training as an architect must be at least six years which may also be expressed with the equivalent ECTS credits. The training in a Member State shall comprise any or both of the following:
Amendment 540 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) at least four years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remunerated traineeship;
Amendment 546 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) at least five years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.
Amendment 557 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The remunerated traineeship must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1. The completion of the remunerated traineeship must be attested to in a certificate accompanying the evidence of formal qualifications.
Amendment 559 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 4
Article 46 – paragraph 4
4. The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 561 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 1
Article 49 a – paragraph 1
1. For the purpose of this Article, “common training framework” shall mean a common set of knowledge, skills and competences necessary for the pursuit of a specific profession. Requirements may include the number of ECTS credits, but ECTS credits alone may not form the criteria. For the purpose of access to and pursuit of such profession, a Member State shall give evidence of qualifications acquired on the basis of such framework the same effect in its territory as the evidence of formal qualifications which it itself issues, on condition that such framework fulfils the criteria set under paragraph 2. Such criteria shall respect the specifications referred to in paragraph 3.
Amendment 567 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point b
Article 49 a – paragraph 2 – point b
(b) the profession concerned is already regulated in at least one third of all Member States; or two thirds of Member States agree to the provisions of Article 49.a.2.
Amendment 583 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a. – paragraph 3
Article 49 a. – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, following consultation with the relevant stakeholder forum or fora in Article 57.c (new) to adopt delegated acts integrating the proposals of this forum or these fora in accordance with Article 58a specifying the common set of knowledge, skills and competences as well as the qualifications on the common training framework.
Amendment 590 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 2 – point b
Article 49 b – paragraph 2 – point b
(b) the profession concerned is regulated in at least one third of all Member States; or two thirds of Member States agree to the provisions of Article 49.b.2.
Amendment 593 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b.3
Article 49 b.3
3. The Commission shall be empowered to adopt delegated acts, following consultation with the relevant stakeholder forum or fora in Article 57.c (new) to adopt delegated acts integrating the proposals of this forum or these fora in accordance with Article 58a concerning the conditions and criteria tested for such the common training test.
Amendment 599 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 –paragaph 2
Article 53 –paragaph 2
A Member State shall ensure that any controlhecks of the knowledge of a language are carried out by a competent authority after the decisions referred to in Articles 4d, 7(4) and 51(3) have been taken but before accessing the profession and if there is a serious and concrete doubt about the professional's sufficient language knowledge in respect of the professional activities this person intends to pursue. If there is no competent authority for a particular profession, Member States should ensure that there is a recognised body that can undertake language testing.
Amendment 607 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions with public health and patient safety implications or for reasons of overriding public interest, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care sysverify, either directly or under their supervision, the language skills of all professionals concerned. Verification of language skills shall seek to determine how well professionals can communicatem, or in caboth orally and in writing, for the purposes of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisationsexercising their professional activity, particularly with regard to patient safety and safeguarding public health or the reasons of overriding public interest.
Amendment 615 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Any language controlheck shall be limited to the knowledge of one of the official languages of the Member State according to the choice of the language the individual intends use when person concernedracticing his profession, it shall be proportionate to the activity to be pursued and free of charge for the professional. The person concerned shall be allowed to appeal such controls before national courts.
Amendment 628 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
Recognition of remunerated traineeship
Amendment 637 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
With a view to grant access to a regulated profession, the home Member State shall recognise the remunerated traineeship pursued in another Member State and certified by a competent authority of that Member State.
Amendment 643 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 40 a (new)
Article 1 – paragraph 1 – point 40 a (new)
Directive 2005/36/EC
Article 55 b (new) Title
Article 55 b (new) Title
(40 a) Checks following lengthy periods of professional inactivity In cases where professionals have been recognised via Chapter III but have not practiced their profession for a period defined in accordance with Article 57.c. (new) and 58a preceding the request for establishment or renewal of the declaration, the host Member State may allow to competent authority to check the professional's fitness to practice. These checks should be proportionate, non- discriminatory and free of charge for the professional. Member States may also extend the provisions of this article to other professions in cases of overriding public interest. Member States should notify any decisions to the Commission, who shall make them public.
Amendment 650 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 1
Article 56 a – paragraph 1
The competent authorities of a Member State shall inform the competent authorities of all other Member States and the Commission about the identity of a professional who has been prohibited, following a legally binding decision, by national authorities or courts from pursuing, even temporarily, on the territory of that Member State the following professional activities:
Amendment 660 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 1 – subparagraph 2
Article 56 a – paragraph 1 – subparagraph 2
The information referred to in the first subparagraph shall be sent at the latest within three day24 hours from the date of adoption of the decision prohibiting the professional concerned from exercising a professional activity.
Amendment 661 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 2
Article 56 a – paragraph 2
2. In the cases not covered by Directive 2006/123/EC, where a professional established in a Member State carries out a professional activity under a professional title other than those referred to in paragraph 1 and within the framework of this Directive, a Member State shall inform without delay other Member States concerned and the Commission upon gaining actual knowledge of any conduct, specific acts or circumstances which is related to such activity and which could cause serious damage to the health or safety of persons or to the environment in another Member State or would indicate that the individual was not fit to practice his profession. That information shall not go beyond what is strictly necessary to identify the professional concerned and shall include the reference to the decision of a competent authority prohibiting him or her from pursuing the professional activities. Other Member State may request further information under the conditions set out in Articles 8 and 56.
Amendment 663 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
Directive 2005/36/EC
Article 55 a.– paragraph 2 a (new)
Article 55 a.– paragraph 2 a (new)
2 a. Member States, in accordance with national legislation, may inform other Member States when a professional has received a warning from a competent authority or professional body regarding their fitness to practice.
Amendment 664 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a.– paragraph 3
Article 56 a.– paragraph 3
3. The processing of personal data of the purpose of the exchange of information according to paragraphs 1 and 2 shall be carried out in accordance with Directives 95/46/EC and 2002/58/EC. The processing of personal data by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001. In any case, the details contained in the alert are restricted to the identity of the professional, the date the alert was issued and if applicable, length of suspension.
Amendment 665 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
Directive 2005/36/EC
Article 56 a – paragraph 3 a (new)
Article 56 a – paragraph 3 a (new)
3a. Alerts and their content received from other Member States, competent authorities and professional bodies must remain confidential unless data is made public in accordance with the national law of the Member State issuing the alert.
Amendment 666 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
Directive 2005/36/EC
Article 56 a.– paragraph 4 a (new)
Article 56 a.– paragraph 4 a (new)
4a. Data regarding alerts may only remain in the IMI system for as long as they are valid.
Amendment 667 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
4b. Alerts must be deleted within 24 hours from the date of adoption of the revoking decision
Amendment 669 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
5. The Commission shall adopt implementing acts, following consultation with professional bodies and stakeholders as provided for by Articles 57.c.(new) and 58.a (new) and taking into account their proposals, for the application of the alert mechanism. The implementing act shall include provisions on the competent authorities entitled to sending and/or receiving alerts, on complementing the alerts with additional information, on the withdrawal and closure of alerts, on rights of access to data, ways of correcting the information contained in the alerts, and measures to ensure the security of processing and retention periods. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 675 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43 (new)
Article 1 – paragraph 1 – point 43 (new)
Directive 2005/36/EC
Article 57 –paragraph 1 point c a (new)
Article 57 –paragraph 1 point c a (new)
(ca) Member State decisions taken regarding Articles 4.d.8 (new), 4.f.2 and 7.4.5
Amendment 676 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43 (new)
Article 1 – paragraph 1 – point 43 (new)
Directive 2005/36/EC
Article 57 – paragraph 1 – point d a (new)
Article 57 – paragraph 1 – point d a (new)
(da) Time limits for professional inactivity after which a professional may be required to demonstrate fitness to practice as provided by Article 55.b(new)
Amendment 697 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 45 (new)
Article 1 – paragraph 1 – point 45 (new)
Directive 2005/36/EC
Article 57 c (new)
Article 57 c (new)
The Commission shall be responsible for forming a stakeholders forum including, inter alia, professional bodies, trades unions, competent authorities and consumer/patient associations. The membership of this stakeholders forum should reflect the composition of stakeholder interests for a particular profession. In particular, these stakeholder fora should be consulted by the Commission and present proposals concerning Articles 4.a.7 and 4.b.2. In addition, the Commission may consult these fora when establishing the parameters of pilot projects conducted in relation to this Directive. The Commission may also consult these fora and take their recommendations into account when the professional bodies groups provided for in Article 58.a (new) are consulted.
Amendment 698 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 45 (new)
Article 1 – paragraph 1 – point 45 (new)
Directive 2005/36/EC
Article 57 d (new)
Article 57 d (new)
4 a. The Commission shall be responsible for the organisation and administration of the stakeholder fora as provided for in Article 57.c (new) and professional bodies consultation as provided for in Article 58.a (new).
Amendment 699 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 45 (new)
Article 1 – paragraph 1 – point 45 (new)
Directive 2005/36/EC
Article 58 a (new)
Article 58 a (new)
4 b. Consultation The Commission shall ensure the consultation of experts from the professional groups, inter alia professional bodies, and ensure integration of their recommendations via delegated acts regarding the provisions set out in Articles 25(5), 35(4) first subparagraph, 31(2), 34(2), 38(1), 40(1), 44(2), 49a(3),49b(3), 24(4), 31(7), 34(4), 38(4), 40(4), 44(4), 26(2), 46(4), 25(5), 35(4), 31(2), 34(2), 38(1), 40(1), 44(2), point 5.3.3 of Annex V , 24(4), 31(7), 34(4), 38(4), 40(4), 44(4), 26(2), 46(4).
Amendment 702 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Directive 2005/36/EC
Article 58 – paragraph 1
Article 58 – paragraph 1
1. The Commission shall be assisted by a Committee on the recognition of professional qualifications. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The Commission should also consult the stakeholders as provided for in Article 57.c´(new) and professional bodies as provided for in Article 58.a (new), where appropriate.
Amendment 708 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 47 (new)
Article 1 – paragraph 1 – point 47 (new)
Directive 2005/36/EC
Article 58 – paragraph 2 – point 1a (new)
Article 58 – paragraph 2 – point 1a (new)
1a. Prior to the adoption of the delegated act, the Commission, where provided for in this Directive, should consult the respective stakeholder forum or fora provided for in Article 57c new and professional bodies as provided for in Article 58.a (new), integrating their proposals and take into due consideration the outcome of any pilot project.
Amendment 14 #
2011/0389(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance the independence of statutory auditors and audit firms from the audited entity when carrying out statutory audits, any person or entity that holds rights or has ownership in an audit firm should be independent of the audited entity and should not be involved in the process of decision making of the audited entity.
Amendment 16 #
2011/0389(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Since the objective of this Directive, namely reinforcing public oversight with regard to the auditing of public interest entities and investor protection in the financial statements published by undertakings by further enhancing the quality of statutory audits that are performed within the Union cannot be sufficiently achieved by Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 25 #
2011/0389(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – point iii
Article 1 – paragraph 1 – point 3 – point b – point iii
Directive 2006/43/EC
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
Amendment 34 #
2011/0389(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a – point iii
Article 1 – paragraph 1 – point 14 – point a – point iii
Directive 2006/43/EC
Article 29 – paragraph 1 – subparagraph 1a
Article 29 – paragraph 1 – subparagraph 1a
'The competent authority referred to in Article 32 shall make available to interested parties, upon their request,website the report referred to in point (g) of the first subparagraph. The competent authority shall make sure that the report disclosed does not undermine the commercial interests of the audited entity under review, including its industrial and intellectual property.
Amendment 35 #
2011/0389(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Directive 2006/43/EC
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States shall designate athe competent authorityies responsible for the public oversight of statutory auditors and audit firms based on the principles set out in paragraphs 2 to 7.
Amendment 38 #
2011/0389(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2006/43/EC
Article 32a – paragraph 1
Article 32a – paragraph 1
Member States may allow the competent authority referred to in Article 32 to delegate tasks to other authorities or bodies designated by law only as regards the approval and registration of statutory auditors and audit firms. Any execution of tasks by other authorities or bodies shall be expressly delegated by the competent authority. The delegation shall specify the delegated tasks and the conditions under which they are to be carried out. The authorities or bodies shall be organized in such a manner that there are no conflicts of interest. The ultimate responsibility for supervising compliance with this Directive and the implementing measures adopted pursuant thereto shall lie with the delegating competent authority.
Amendment 19 #
2011/0386(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 9 of the Treaty on the Functioning of the European Union requires that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.
Amendment 24 #
2011/0386(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The Union has committed itself to a Growth and Jobs strategy 'Europe 2020' containing objectives in the fields of employment, poverty, education, innovation and the environment;
Amendment 27 #
2011/0386(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Strongustainable public finances are best ensured at the planning stage and gross errors 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 38 #
2011/0386(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As demonstrated by the sovereign debt crisis, and in particular by the need to put in place common financial backstops, Member States whose currency is the euro share enhanced spillovers from their budgetary, and macro-economic policy. Each of the Member States whose currency is the euro should consult the Commission and other Member States whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects, so as to give the possibility for an assessment of possible impact for the euro area as a whole, including social and environmental impact. They should consider their budgetary plans to be of common concern and submit them to the Commission for monitoring purposes in advance of the plans becoming binding. The Commission should be in a position, if necessary, to adopt an opinion on the draft budgetary plan, that the Member State and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption. Such an opinion should ensure that Union's policy guidance given in the budgetary areaEuropean Semester is appropriately integrated in the national budgetary preparations. In particular, this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the European semester in the budgetary area. The Commission should stand ready to present this opinion to the Parliament of the Member State concerned at its request. The extent to which this opinion has been taken into account should be part of the assessment, if and when the conditions are met, leading to the decision to place the concerned Member State in excessive deficit procedure, where no follow-up to the early guidance from the Commission should be considered as an aggravating factor. Also, based on an overall assessment of the plans by the Commission, the Eurogroup should discuss the budgetary situation and prospects for the euro area.
Amendment 45 #
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 greater transparency and accountability, the competent committees 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 55 #
2011/0386(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall have in place numerical fiscal rules on the budget balance that implemetake into account in the national budgetary processes their medium-term budgetary objective as defined in Article 2a of Regulation (EC) No 1466/97. Such rules shall cover the general government as a whole and be of binding, preferably constitutional, nature.
Amendment 64 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
Article 5 – paragraph 3 – point a a (new)
(a a) a detailed description of projected expenditure directly related to the achievement of the objectives embedded in the Union strategy for growth and jobs including public investments, using indicators from the Joint Assessment Framework;
Amendment 66 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a b (new)
Article 5 – paragraph 3 – point a b (new)
(a b) A social impact assessement of the draft budgetary plan as well as an assessment of its consistency with the Union's growth and jobs objectives, and with the broad guidelines for the economic policies of the Member States and of the guidelines for the employment policies of the Member States;
Amendment 73 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Member States shall include in their Stability Programmes and National Reform Programmes an updated and detailed description of projected expenditure directly related to the achievement of the objectives embedded in the Union strategy for growth and jobs, including public investments, using indicators from the Joint Assessment Framework. The detailed description referred to above shall duly explain differences of projected expenditure from the most recent Stability Programmes.
Amendment 76 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
Paragraphs 2 to 4a shall apply in case of revised draft budgetary plan.
Amendment 77 #
2011/0386(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There is strong evidence showing the effectiveness of rules-based fiscal frameworks in supporting sound and sustainable fiscal policies. The introduction of national fiscal rules that are consistent with the budgetary objectives set at Union level should be a crucial element to ensure the respect of the Stability and Growth Pact provisions. In particular, Member States should put in place structural balanced budget rules which transpose into national legislation the main principles of the Union fiscal framework. This transposition should be effective through binding rules preferably of a constitutional nature so as to demonstrate the strongest commitment of national authorities in relation to the Stability and Growth Pact.
Amendment 77 #
2011/0386(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall, if necessary, adopt an opinion on the draft budgetary plan by 301 November. in the case where a Member State fails to present a budget that is in line with the obligations of the Stability and Growth Pact, and progress towards the objectives defined in the Union strategy for growth and jobs;
Amendment 79 #
2011/0386(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission opinion shall be made public and, at the request of the Parliament of the Member State concerned or the European Parliament, shall be presented by the Commission to the Parliament concerned.
Amendment 83 #
2011/0386(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Eurogroup and the relevant committees of the European Parliament shall discuss opinions of the Commission on the national budgetary plans and the budgetary situation and prospects in the euro area as a whole on the basis of the overall assessment made by the Commission in accordance with paragraph 3. The assessment shall be made public.
Amendment 85 #
2011/0386(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
Member State shall report regularly to the Commission and to, the European Parliament, the Economic and Financial Committee or any sub-committee it will designate for that purpose, for the general government and its sub-sectors, the in-year budgetary execution, the budgetary impact of discretionary measures taken on both the expenditure and the revenue side, targets for the government expenditure and revenues, as well as information on the measures adopted and the nature of those envisaged to achieve the targets. The report shall be accompanied by a social impact assessment. The report shall be made public.
Amendment 89 #
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 Commission shall be made public, and, at the request of the Parliament of the Member State concerned or the European Parliament, shall be presented by the Commission to the Parliament concerned.
Amendment 90 #
2011/0386(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Within the timeframe set by the Commission recommendation referred to in paragraph 2, the Member State concerned shall report to the Commission on measures adopted in response to this recommendation together with the reports provided for in Article 7(3). The report shall include the budgetary and social impact of all discretionary measures taken, targets for the government expenditure and revenues, information on the measures adopted and the nature of those envisaged to achieve the targets, as well as information on the other actions being taken in response to the Commission recommendation as well as the impact of the measures on the achievement of progress towards the objectives of the Union strategy for growth and jobs. The report shall be made public.
Amendment 93 #
2011/0386(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point b a (new)
Article 11 – paragraph 1 – subparagraph 2 – point b a (new)
(b a) the contribution of this Regulation to the achievement of the Union strategy for growth and jobs;
Amendment 121 #
2011/0386(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) establishing enhanced economic policy coordination framework required for a euro area common issuance sovereign debt instruments.
Amendment 123 #
2011/0386(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The application of this Regulation shall fully respect Article 152 TFEU and the recommendations issued under this Regulation shall respect institutions for wage formation. It shall take into account Article 28 of the Charter of Fundamental Rights of the European Union, and, accordingly, shall not affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.
Amendment 149 #
2011/0386(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall have in place numerical fiscal rules on the budget balance that implement in the national budgetary processes their medium-term budgetary objective as defined in Article 2a of Regulation (EC) No 1466/97. Such rules shall cover the general government as a whole and be of binding, preferably constitutional, nature.
Amendment 184 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point e
Article 5 – paragraph 3 – point e
(e) the main assumptions about expected economic developments and important economic variables which are relevant to the achievement of the budgetary targets. These assumptions shall be based on independent macroeconomic growth forecast;. The macroeconomic forecasts shall provide sensitivity analysis and shall be compared with the most updated forecasts of the Commission and, if appropriate, those of other independent bodies. Significant differences between the chosen macro-fiscal scenario and the Commission's forecast shall be described with reasoning, in particular if the level or growth of variables in external assumptions departs significantly from the values contained in the Commission's forecasts. The macroeconomic and budgetary forecasts shall include an estimation of the potential output and macroeconomic multiplier effects. The methodology, the economic and econometric underlying models and assumptions, as well as any other relevant parameter underpinning independent macroeconomic forecast shall be annexed to the annual medium-term fiscal plans.
Amendment 193 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point f a (new)
Article 5 – paragraph 3 – point f a (new)
(fa) an analysis of the contribution of reforms included in the National Reform Programmes to the achievement of the objectives of stability programmes including a cost-benefit analysis of the reforms from a budgetary point of view;
Amendment 195 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point f b (new)
Article 5 – paragraph 3 – point f b (new)
(fb) an assessment of the consistency of different requirements and commitments embedded in the different instruments referred to in Article 1a of Regulation (EC) No 1467/97 as well as with the reports and requirements referred to in Regulation (EU) No 1176/2011 on the prevention and correction of macroeconomic imbalances.
Amendment 205 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. No provision of this Regulation shall prevent a Member State's new government from updating its medium- term budgetary plan and stability programme to reflect its new policy priorities. Where a new government does so, it shall indicate the differences from the previous medium-term budgetary plan, stability programme and National Reform Programme.
Amendment 232 #
2011/0386(COD)
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. Organisations representing the economic and social partners as well as of civil society organisations shall be consulted by the Commission on draft budgetary plans, draft Stability Programmes, draft National Reform Programmes and the overall assessment of the budgetary situation and prospects in the euro area as a whole.
Amendment 276 #
2011/0386(COD)
Proposal for a regulation
Article -11 (new)
Article -11 (new)
Article -11 Involvement of social partners and civil society Organisations representing the economic and the social partners as well as of civil society organisations shall be given the possibility to express their views on Commission's public recommendations and opinions referred to in this Regulation.
Amendment 28 #
2011/0385(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The unprecedented global crisis that has hit the world over the last three years has seriously damaged economic growth and financial stability and provoked a strong deterioration in financial, economic and social conditions and of the government deficit and debt position of the Member States, leading a number of them to seek financial assistance outside the framework of the Union.
Amendment 31 #
2011/0385(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 9 of the Treaty on the Functioning of the European Union provides that, in defining and implementing its policies and actions, the Union is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.
Amendment 33 #
2011/0385(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The full consistency between the Union multilateral surveillance framework established by the Treaty and the possible policy conditions attached to this financial assistance, coupled with incentives to promote sustainable growth, employment and social progress, should be enshrined in Union law. The economic and financial integration of the Member States whose currency is the euro calls for a reinforced surveillance to prevent a contagion from a Member State experiencing difficulties with respect to its financial stability to the rest of the euro area.
Amendment 38 #
2011/0385(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A Member State whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance, with a view to ensuring its swift return to a normal situation and to protecting the other euro area Member States against possible negative spill over effects. This enhanced surveillance should include a wider access to the information needed for a close monitoring of the economicsocial, employment, fiscal and financial situation and a regular reporting to the Economic and Financial Committee (EFthe establishment of a regular report to the European Parliament, the Economic and Financial Committee (EFC), the Employment Committee (EMCO) and the Social Protection Committee (SPC) or to any sub- committee the lasaid committeres may designate for that purpose. The same modalities of surveillance should apply to Member States requesting precautionary assistance from the European Financial Stability Facility (EFSF), the European Stability Mechanism (ESM) the International Monetary Fund (IMF) or another international financial institution.
Amendment 39 #
2011/0385(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The surveillance of the economic, fiscal, employment and fiscsocial situation should be strongly reinforced for Member States under macro- economic adjustment programme. The latter shall contain measures that have the integrated aim to restore financial stability and achieve the objectives of the 'Jobs and Growth strategy'. Member States shall report progress on both aspects. Because of the comprehensive nature of the lattermacro- economic adjustment programme, the other processes of economic and fiscal surveillance should be suspended for the duration of the macro-economic adjustment programme, with a view to avoiding a duplication of reporting obligations.
Amendment 41 #
2011/0385(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 45 #
2011/0385(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. The application of the regulation shall fully respect Article 152 of TFEU and the recommendations issued under this regulation shall respect national practices and institutions for wage formation. It shall take into account Article 28 of the Charter on Fundamental Rights, and accordingly shall not affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.
Amendment 47 #
2011/0385(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The Commission may decide to make a Member State experiencing severe difficulties with regard to its financial stability subject to enhanced surveillance. The Member State as well as the social partners concerned shall be given the possibility to express its views beforehand. The Commission shall decide every six months whether to prolong the enhanced surveillance.
Amendment 49 #
2011/0385(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c a (new)
Article 3 – paragraph 3 – point c a (new)
(c a) communicate any up to date information needed for the close monitoring of progress towards the achievement of the EU 'growth and jobs strategy' based on the indicators developed in the Joint Assessment Framework;
Amendment 54 #
2011/0385(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall conduct, in liaison with the ECB and the International Labour Organisation (ILO), regular review missions in the Member State under surveillance to verify the progresses made in the implementation of the measures mentioned in paragraph 1, 2 and 3. It shall communicate every quarter its findings to the Economic and Financial Committee (EFC), the Employment Committee (EMCO) and the Social Protection Committee (SPC) - or to any subcommittee the lasaid committeres may designate for that purpose - and assess notably whether further measures are needed. These review missions shall replace the onsite monitoring foreseen in Article 10a(2) of Regulation (EC) No 1467/97.
Amendment 56 #
2011/0385(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Where it is concluded - on the basis of the assessment foreseen in paragraph 4 - that further measures are needed and the financial, economic and social situation of the Member State concerned has significant adverse effects on the financial and economic stability of the euro area, the Council, acting by qualified majority on a proposal from the Commission, may recommend to the Member State concerned to seek financial assistance and to prepare a macro-economic adjustment programme. The Council may decide toshall make this recommendation public.
Amendment 60 #
2011/0385(COD)
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. Where a recommendation under paragraph 5 is made public:
Amendment 62 #
2011/0385(COD)
Proposal for a regulation
Article 3 – paragraph 6 – point a
Article 3 – paragraph 6 – point a
(a) the relevant Committees of the European Parliament may invite representatives of the Member State concerned to participate to an exchange of views;
Amendment 63 #
2011/0385(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Sustainable recovery programme 1. A Member State under enhanced surveillance shall adopt, in close cooperation with the Commission, a sustainable recovery programme aimed at ensuring sustainability of public finances and economic recovery. 2. The sustainable recovery programme shall identify multiannual targets on public investment and social expenditure aimed at preserving the conditions for achieving the objectives of the EU growth and jobs strategy. The sustainable recovery programme shall include, taking account of structural weaknesses, specific priority programmes and projects to be implemented in order to stabilise aggregated demand. 3. The sustainable recovery programme shall include any actions foreseen to mobilize EU resources related to the following instruments: - The European Globalisation Adjustment Fund, - The Structural Funds, - EU Project Bonds, - The Horizon 2020 Framework Programme. 4. The sustainable recovery programme shall be annexed to the documents to be communicated to the Commission in accordance with Article 3, paragraph 3.
Amendment 64 #
2011/0385(COD)
Proposal for a regulation
Article 4
Article 4
A Member State wishing to obtain financial assistance from one or several other States, the EFSF, the ESM, the International Monetary Fund (IMF) or another institution outside of the Union framework shall immediately inform the European Parliament, the Council, the Commission and the ECB of its intention. The EFC, or any subcommittee the latter may designate for that purpose, shall hold a discussion on this envisaged request, after having received an assessment from the Commission.
Amendment 68 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A Member State receiving financial assistance from one or several other States, the IMF, the EFSF or the ESM shall prepare in agreement with the Commission - acting in liaison with the ECB and the International Labour Organisation (ILO) - a draft adjustment programme aimed at re- establishing a sound and sustainable economic and, financial and social situation and restoring its capacity to finance itself fully on the financial markets. The draft adjustment programme shall take due account ofbe fully compatible with Article 9 of the Treaty on the Functioning of the European Union and with the current recommendations addressed to the Member State concerned under Articles 121, 126 and/or 148 of the Treaty- and its actions to comply with them - while aiming at broadening, strengthening and deepening the required policy measures. Member States shall include in their macro-economic adjustment programmes an updated and detailed description of projected multiannual expenditure targets directly related to the achievement of the objectives embedded in the EU jobs and growth strategy, including public investments. The detailed description referred to above shall duly explain differences of projected expenditure from the most recent Stability Programmes.
Amendment 72 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. A Member State under a macroeconomic adjustment programme shall, in close coordination with the Commission, adopt a sustainable recovery programme identifying multi-annual targets on public investment and social expenditure aimed at preserving the conditions for achieving the objectives of the EU growth and jobs strategy. The sustainable recovery programme shall identify and select a number of specific priority programmes and projects aimed at stabilising aggregated demand, enhancing sustainable growth and addressing structural weaknesses of the Member State. The sustainable recovery programme shall also specify plans for frontloading and mobilising financial resources including, EIB loans as well as EU financial instruments. The sustainable recovery programme report shall be integrated in the adjustment programmes and shall be updated on a yearly basis.
Amendment 75 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission, in liaison with the ECB and the ILO, shall monitor the progress made in the implementation of the adjustment programme and inform every three months the EFC or any subcommittee the latter may designate for that purpose as well as the European Parliament and the Parliament of the Member State concerned . The Member State concerned shall give the Commission its full cooperation. It shall in particular provide to the Commission all the information that the latter deems necessary for the monitoring of the programme. Article 3(3) shall apply.
Amendment 78 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission - in liaison with the ECB and the ILO - shall examine with the Member State concerned the changes that may be needed to its adjustment programme. The Council, acting by a qualified majority on a proposal from the Commission, shall decide on any change to be made to the adjustment programme.
Amendment 82 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The relevant Committees of the European Parliament may invite representatives of the Member State concerned to participate to an exchange of views on the progress made in the implementation of the adjustment programme.
Amendment 85 #
2011/0385(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 88 #
2011/0385(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Compatibility with the Union's growth and employment targets The implementation of macro-economic adjustment programmes in the context of this Regulation shall not constitute grounds for a Member State to fail to meet its obligations in regard to growth in the Union and the employment strategy, nor for the Union to fail to meet or for it to neglect its general obligation under Article 9 of the Treaty on the Functioning of the European Union to promote a high level of employment, guarantee adequate social protection and fight social exclusion.
Amendment 90 #
2011/0385(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Commission shall conduct, in liaison with the ECB and the ILO, regular review missions in the Member State under post programme surveillance to assess its economic, fiscal and financial situation. It shall communicate every semester its findings to the EFC or to any subcommittee the latter may designate for that purpose and assess notably whether corrective measures are needed.
Amendment 91 #
2011/0385(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. The application of this Regulation shall fully respect Article 152 TFEU and the recommendations issued under this Regulation shall respect practices and institutions for wage formation. It shall take into account Article 28 of the Charter on Fundamental Rights of the European Union, and, accordingly, shall not affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.
Amendment 113 #
2011/0385(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. The Commission shall consult organisations representing the economic and the social partners as well as civil society organisations regarding the recommendation.
Amendment 160 #
2011/0385(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Where financial assistance is sought from the EFSF, the EFSM or the ESM, the Commission shall prepare – in liaison with the ECB and wherever possible and appropriate, the IMF - an analysis of the sustainability of the government debt and the actual or potential financing needs of the Member State concerned, including the Member State's ability to repay the envisaged financial assistance, and forward it to the Euro Working Group, EFC or to any subcommittee the latter may designate for that purpose. , the relevant committee of the European Parliament and the Member State Parliament. The assessment of the sustainability of the government debt shall be based on prudent macroeconomic and budgetary forecasts using the most up-to-date information and taking proper account of the outcome of the report referred to in point (a) of Article 3(3) as well as any supervisory task exercised according to point (b) of Article 3(3) and shall develop sensitivity analysis. The macroeconomic and budgetary forecasts shall assess the direct and indirect impact of various macroeconomic and financial shocks and adverse developments on the sustainability of government debt, including an estimation of the potential output and macroeconomic multiplier effects. The chosen baseline scenario shall be described with reasoning and shall be built on a balanced account of downside and upside risks. Moreover, for all sub-sectors of general government of the respective Member State relevant information on contingent liabilities with potentially large impacts on public budgets, including government guarantees, non-performing loans, and liabilities stemming from the operation of public corporations shall be published. Likewise, information on the participation of general government in the capital of private and public corporations in respect of economically significant amounts of the respective Member State shall also be published, as referred to in Article 14(3) of the Council Directive 2011/85/EU. The Commission shall make public the methodology, the economic and econometric underlying models and assumptions, as well as any other relevant parameter underpinning the assessment of the sustainability of the government debt. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a specifying the format of the assessment and the elements referred above in this paragraph.
Amendment 171 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall include in their draft macroeconomic adjustment programmes an updated and detailed description of projected multiannual expenditure targets relating to the achievement of the objectives embedded in the EU 2020 jobs and growth strategy including social expenditure and public investments. The detailed description referred to above shall duly explain differences of projected expenditure from the most recent Stability Programmes. A social impact assessment of the consolidation measures foreseen shall be carried out by the Member State in close cooperation with the Commission and shall be annexed to the draft macroeconomic adjustment programmes. This impact assessment shall specifically address the underlying methodology (economic models and assumptions) and employment, social protection and distribution implications of each adjustment measure.
Amendment 182 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission, in liaison with the ECB, shall monitor the progress made in the implementation of the adjustment programme and inform every three months the EFC, the EMCO and the Euro Working Group or any subcommittee the latter may designate for that purpose, as well as the Parliament of the Member State concerned and the relevant committee of the European Parliament. The Member State concerned shall give the Commission its full cooperation. It shall in particular provide to the Commission all the information that the latter deems necessary for the monitoring of the programme. Article 3(3) shall apply.
Amendment 195 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. If the monitoring referred to in paragraph 3 highlights significant deviations from the macro-economic adjustment programme, the Council, acting by qualified majority on a proposal from the Commission, may decide that the Member State concerned does not comply with the policy requirements contained in the adjustment provided that the significant deviation is not mainly due to exogenous shocks or negative spill over effects out of the control of the concerned Member State. In case of non compliance the Council, acting by qualified majority on a proposal from the Commission, shall decide on any change to be made to the macroeconomic adjustment programme. The Commission proposal shall fully state the reasons of non compliance and the necessity and proportionality of the changes made to the macroeconomic adjustment programme.
Amendment 209 #
2011/0385(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Involvement of social partners and civil society Organisations representing the economic and the social partners as well as civil society organisations shall be given the possibility to express their views on Commission's public recommendations and opinions referred to in this Regulation as well as on Member States reports and draft reports foreseen in Articles 2 to 7 of this Regulation. These views and opinions shall be made publicly accessible. At the invitation of the national parliament or of the European Parliament, non-governmental parties which engage in the review and critique of macroeconomic targets and measures for fiscal consolidation may propose alternative measures for compliance with targets and submit them to the executive and the bodies vested with responsibility for monitoring and surveillance for consideration.
Amendment 210 #
2011/0385(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Involvement of the social partners and civil society Organisations representing the economic and the social partners as well as of civil society organisations shall be consulted on Commission's public recommendations and opinions referred to in this Regulation as well as on Member States reports and draft reports provided for in Articles 2 to 7 of this Regulation.
Amendment 47 #
2011/0361(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Credit ratings and rating outlooks should be expressed in numbers indicating the probability of default, accompanied by an explanatory statement.
Amendment 55 #
2011/0361(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Given the high return on sales credit rating agencies with a market share of more than 10 % benefit from, Member States should coordinate the introduction of a special tax, the revenue of which could contribute to funding alternative rating models.
Amendment 143 #
2011/0361(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It is important to ensure that modifications to the rating methodologies do not result in less rigorous methodologies. For that purpose, issuers, investors and other interested parties should have the opportunity to comment on any intended change of rating methodologies. This will help them to understand the reasons behind new methodologies and for the change in question. Comments provided by issuers and investors on the draft methodologies may provide valuable input for the credit rating agencies in defining the methodologies. Moreover, ESMA should verify and confirm the compliance of new rating methodologies with Article 8(3) of Regulation (EC) No 1060/2009 and the relevant regulatory technical standard before methodologies are applied in practice. ESMA should verify that the proposed methodologies are rigorous, systematic, continuous and subject to validation based on historical experience, including back-testing. However, this verification process should not grant ESMA any power to judge the appropriateness of the proposed methodology or the content of the credit ratings issued following the application of the methodologies, and in this way standardisation of methodologies is avoided and the diversity of methodologies maintained.
Amendment 145 #
2011/0361(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Rating methodologies should take into account financial risks deriving from environmental hazards. Such risks include, but are not limited, to the risk to the long terms creditworthiness of obligors with significant exposure to environmental factors or changes in legal requirements relating to environmental matters, the impact of environmental matters on commodity price exposures and the impact of non-insurable risks not already taken into account in the institutions regulatory and internal operational risk framework.
Amendment 211 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 1060/2009
Article 5a
Article 5a
Credit institutions, investment firms, insurance and reinsurance undertakings, institutions for occupational retirement provisions, management and investment companies, alternative investment fund managers and central counterparties as defined in Regulation (EU) No xx/201x of the European Parliament and of the Council of xx xxx 201x on OTC derivatives, central counterparties and trade repositories shall make their own credit risk assessment and shall noteither solely nor mechanistically rely on credit ratings for assessing the creditworthiness of an entity or financial instrument. An external credit rating shall only be used if the undertakings referred to in the first paragraph have a balance sheet of less than 2,5 billion euro and demonstrated that they are unable to assess the credit risk by other means or where they can demonstrate to the satisfaction of the competent authority that the burden of an internal assessment is not justified by the materiality of the current and expected future exposure resulting from the assets concerned. Competent authorities in charge of supervising these undertakings shall closely checkmonitor the adequacy of undertakings credit assessment processes. and ensure that they agree neither to contractual rules that result in the automatic sale of assets in the event of a downgrade of the creditworthiness by an external credit rating agency, nor to a rule requiring the use of a specific credit rating agency.
Amendment 215 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 1060/2009
Article 5b – title
Article 5b – title
Reliance on credit ratings by the ECB, the European Supervisory Authorities and the European Systemic Risk Board
Amendment 223 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 1060/2009
Article 5 c (new)
Article 5 c (new)
Article 5c Reliance on credit ratings by the ECB The ECB shall not refer to or rely on credit ratings in any way.
Amendment 233 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6a – paragraph 1 – introductory part
Article 6a – paragraph 1 – introductory part
1. A shareholder or a member of a credit rating agency holding at least 5% of theny capital or the voting rights in that agency shall not:
Amendment 235 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6a – paragraph 1 – point a
Article 6a – paragraph 1 – point a
(a) hold 5% or moreany of the capital of any other credit rating agency. This prohibition does not apply to holdings in diversified collective investment schemes, including managed funds such as pension funds or life insurance, provided that the holdings in diversified collective investment schemes do not put him or her in a position to exercise significant influence on the business activities of those schemes;
Amendment 238 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6a – paragraph1 – point b
Article 6a – paragraph1 – point b
(b) have the right or the power to exercise 5% or moreany of the voting rights in any other credit rating agency;
Amendment 251 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 1
Article 6b – paragraph 1
1. Where a credit rating agency has entered into a contract with an issuer or its related third party for the issuing of credit ratings on that issuer, it shall not issue credit ratings on that issuer for a period exceeding threfive years.
Amendment 253 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 2
Article 6b – paragraph 2
2. Where a credit rating agency has entered into a contract with an issuer or its related third party for the issuing of credit ratings on the debt instruments of that issuer, the following shall apply: (a) when those credit ratings are issued within a period exceeding an initial period of twelve months but shorter than three years, theand when that credit rating agency shall not issue any furthers issued credit ratings oin those debt instruments from the moment that ten debt instruments have been rated; (b) when at least ten credit ratings are issued within an initial period of twelve months, that credit rating agency shall not issue any further credit ratings on those debt instruments after the end of that period; (c) when less than ten credit ratings are issued, the credit rating agency shall not issue any further credit ratings on those debt instruments from the moment a period of 3 years have elapsedrelation to 10 debt instruments within an initial period of three years, it shall not issue any further credit ratings on those debt instruments until 20 debt instruments of the same issuer have been rated by other credit rating agencies.
Amendment 263 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 7 a (new)
Article 6b – paragraph 7 a (new)
7a. This Article applies only to credit rating agencies with a market share exceeding 10 %.
Amendment 269 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 10 – point a
Article 1 – point 10 – point a
Regulation (EC) No 1060/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A credit rating agency shall adopt, implement and enforce adequate measures to ensure that the credit ratings and the rating outlooks it issues are based on a thorough analysis of all the information concerning all types of financial risks, including environmental risks, that is available to it and that is relevant to its analysis according to the applicable rating methodologies. It shall adopt all necessary measures so that the information it uses in assigning credit ratings and rating outlooks is of sufficient quality and from reliable sources.
Amendment 298 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 1060/2009
Article 8a – title
Article 8a – title
Information on structured finance instruments
Amendment 299 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 1060/2009
Article 8a – paragraph 1
Article 8a – paragraph 1
1. The issuer, the originator and the sponsor of a structured finance instrument established in the Union shall disclose to the public, in accordance with paragraph 4, all information on the credit quality and, in so far as available, the performance of the finance instruments. As regards structured finance instruments, all information on the credit quality and performance of the individual underlying assets of the structured finance instrument, the structure of the securitization transaction, the cash flows and any collateral supporting a securitisation exposure as well as any information that is necessary to conduct comprehensive and well informed stress tests on the cash flows and collateral values supporting the underlying exposures shall be disclosed to the public.
Amendment 303 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 1060/2009
Article 8b – paragraph 1
Article 8b – paragraph 1
1. Where an issuer or a related third party intends to solicit a credit rating of a structured finance instrument, it shall refer the decision mandateing at least two credit rating agencies to a joint committee with equal representation of issuers and investors. Each credit rating agency shall provide its own independent credit rating.
Amendment 309 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 1060/2009
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
1. A credit rating agency shall disclose any solicited credit rating or rating outlook, as well as any decision to discontinue a credit rating, on a non-selective basis and in a timely manner. In the event of a decision to discontinue a credit rating, the information disclosed shall include full reasons for the decision.
Amendment 310 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 1060/2009
Article 10 – paragraph 1a (new)
Article 10 – paragraph 1a (new)
1a. Unsolicited credit ratings of the investor-pays nature are exempted from the disclosure requirement referred to in Annex I, Section D, Part I, item 3.
Amendment 313 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 12 a (new)
Article 1 – point 12 a (new)
Regulation (EC) No 1060/2009
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(12a) In Article 10 the following paragraph is inserted: "3a. Credit ratings and rating outlooks for sovereign debt shall not contain any prescription, guideline or reference relating to policy changes. Any form of public communication relating to potential changes of sovereign ratings other than credit ratings and rating outlooks, and accompanying press releases, shall be prohibited."
Amendment 314 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 12 b (new)
Article 1 – point 12 b (new)
Regulation (EC) No 1060/2009
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
Amendment 315 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 12 c (new)
Article 1 – point 12 c (new)
Regulation (EC) No 1060/2009
Article 10 – paragraph 3 c (new)
Article 10 – paragraph 3 c (new)
(12c) In Article 10 the following paragraph is inserted: "3c. Credit rating agencies shall not modify credit ratings until at least four months after issuing a change in a credit rating or rating outlook."
Amendment 322 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1060/2009
Article 11a – paragraph 2
Article 11a – paragraph 2
2. ESMA shall establish a European Rating Index which will include all credit ratings submitted to ESMA pursuant to paragraph 1 and, an aggregated rating index for any rated debt instrument. The index and individual credit ratings and the average default probability in accordance with Annex I, Section D, paragraph 2. The index and individual credit ratings, with the exception of credit ratings of the investor- pays nature, shall be published on ESMA's website.
Amendment 372 #
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 reportof alternative allocation and payment models, such as allocation by an independent body upon tender, deferred payment (payment upon result) and the investor-pays model, and submit a report indicating the legislative action to be taken and a road map, thereon to the European Parliament and the Council
Amendment 377 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 24 – point b
Article 1 – point 24 – point b
Regulation (EC) No 1060/2009
Article 39 – paragraph 4
Article 39 – paragraph 4
4. By 1 July 2015, the Commission shall assess the situation in the credit rating market, in particular the availability of sufficient choice in order to comply with the requirements set out in Articles 6b and 8b. The review shall also assess the need to extendappropriateness of the scope of the obligations, in Article 8a to include other financial products, including covered bondscluding covered bonds and other non-structured financial instruments, in Article 8a.
Amendment 390 #
2011/0361(COD)
Proposal for a regulation
Annex I – point 1 – point b – point ii
Annex I – point 1 – point b – point ii
Regulation (EC) No 1060/2009
Annex I – Section B – point 3 – paragraph 1 – point aa
Annex I – Section B – point 3 – paragraph 1 – point aa
(aa) a shareholder or member of a credit rating agency holding, directly or indirectly, 10% or more of either the capital or the voting rights of that credit rating agency or being otherwise in a position to exercise significant influence on the business activities of the credit rating agency, directly or indirectly owns financial instruments of the rated entity or a related third party or has any other direct or indirect ownership interest in that entity or party, other than holdings in diversified collective investment schemes, including managed funds such as pension funds or life insurance, which do not put him in a position to exercise significant influence on the business activities of the scheme;
Amendment 395 #
2011/0361(COD)
Proposal for a regulation
Annex I – point 1 – point b – point iii
Annex I – point 1 – point b – point iii
Regulation (EC) No 1060/2009
Annex I – Section B – point 3 – paragraph 1 – point ba
Annex I – Section B – point 3 – paragraph 1 – point ba
(ba) the credit rating is issued with respect to a rated entity or a related third party which directly or indirectly holds 10% or more of either the capital or the voting rights of that credit rating agency;
Amendment 398 #
2011/0361(COD)
Proposal for a regulation
Annex I – point 1 – point b – point iv
Annex I – point 1 – point b – point iv
Regulation (EC) No 1060/2009
Annex I – Section B – point 3 – paragraph 1 – point ca
Annex I – Section B – point 3 – paragraph 1 – point ca
(ca) a shareholder or member of a credit rating agency holding, directly or indirectly, 10% or more of either the capital or the voting rights of that credit rating agency or being otherwise in a position to exercise significant influence on the business activities of the credit rating agency, is a member of the administrative or supervisory board of the rated entity or a related third party;
Amendment 405 #
2011/0361(COD)
Proposal for a regulation
Annex I – point 1 – point d
Annex I – point 1 – point d
Regulation (EC) No 1060/2009
Annex I – Section B – point 4 – subparagraph 1
Annex I – Section B – point 4 – subparagraph 1
4. Neither a credit rating agency nor any person holding, directly or indirectly, at least 5% of the capital or voting rights of the credit rating agency or otherwise in a position to significantly influence the business activities of the credit rating agency shall provide consultancy or advisory services to the rated entity or a related third party regarding the corporate or legal structure, assets, liabilities or activities of that rated entity or related third party.
Amendment 408 #
2011/0361(COD)
Proposal for a regulation
Annex I – point 2 – point d
Annex I – point 2 – point d
Regulation (EC) No 1060/2009
Annex I – Section C – point 8 – paragraph 1 a (new)
Annex I – Section C – point 8 – paragraph 1 a (new)
A lead rating analysts switching to another credit rating agency shall cease to be involved in credit rating activities related to a rated entity or its related third parties the lead rating analyst was involved in previously for a period of four years.
Amendment 409 #
2011/0361(COD)
Proposal for a regulation
Annex I – point 4 – point a
Annex I – point 4 – point a
Regulation (EC) No 1060/2009
Annex I – Section D – Part I – point 1 a (new)
Annex I – Section D – Part I – point 1 a (new)
1a. Credit ratings and rating outlooks shall be expressed in numbers indicating the probability of default, accompanied by an explanatory statement.
Amendment 410 #
2011/0361(COD)
Proposal for a regulation
Annex I – point 4 – point f
Annex I – point 4 – point f
Regulation (EC) No 1060/2009
Annex I – Section D – Part I – point 5 – subparagraph 1
Annex I – Section D – Part I – point 5 – subparagraph 1
5. When announcing a credit rating or a rating outlook, a credit rating agency shall explain in its press releases or reportsand explanatory statement the key elements underlying the credit rating or the rating outlook.
Amendment 415 #
2011/0361(COD)
Proposal for a regulation
Annex I – point 6
Annex I – point 6
Regulation (EC) No 1060/2009
Annex I – Section D – part III – paragraph 2 a (new)
Annex I – Section D – part III – paragraph 2 a (new)
2a. The research report accompanying a change compared to the previous sovereign rating or related rating outlook shall not include prescriptions, guidelines or references relating to policy changes.
Amendment 9 #
2011/0360(COD)
Proposal for a directive
Article -1 (new)
Article -1 (new)
2003/41/EC
Article 18
Article 18
Article -1 Amendments to Directive 2003/41/EC Directive 2003/41/EC is amended as follows: In Article 18, the following paragraph is inserted: "1a. Institutions shall not include investment rules that would result in the automatic sale of assets in the event of a downgrade of their creditworthiness by an external credit rating agency."
Amendment 11 #
2011/0360(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
2009/65/EC
Article 51 – paragraph 3 a (new)
Article 51 – paragraph 3 a (new)
(1a) the following paragraph is inserted: "3a. A UCITS shall not include in its fund rules any rule that that would result in the automatic sale of its assets in the event of a downgrade of its creditworthiness by an external credit rating agency."
Amendment 12 #
2011/0360(COD)
Proposal for a directive
Article 2 – paragraph – point 1 a (new)
Article 2 – paragraph – point 1 a (new)
2011/61/EU
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
(1a) the following paragraph is inserted: "3a. The AIFM shall ensure that the AIF is not required automatically to sell any of its assets in the event of a downgrade of its creditworthiness by an external credit rating agency."
Amendment 123 #
2011/0359(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) It is also important that the role of the audit committee in the selection of a new statutory auditor or audit firm be reinforced, for the benefit of a more informed decision of the general meeting of shareholders or members of the audited entity. Hence, when making a proposal to the general meeting, the board should explain whether it follows the recommendation of the audit committee and, if not, why. The recommendation of the audit committee should include at least two possible choices for the audit engagement and a duly justified preference for one of them, so that the general meeting can make a real choice. In order to provide a fair and proper justification in its recommendation, the audit committee should use the results of a mandatory selection procedure organised by the audited entity, under the responsibility of the audit committee. In such selection procedure, the audited entity should invite statutory auditors or audit firms, including smallernon-dominant ones, to present proposals for the audit engagement. Tender documents should contain transparent and non- discriminatory selection criteria to be used for the evaluation of proposals. Considering, however, that this selection procedure could entail disproportionate costs for companies with reduced market capitalisation or small and medium-sized public-interest entities having regard to their dimension, it is appropriate to relieve such entities from this obligation.
Amendment 127 #
2011/0359(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The appointment of more than one statutory auditor or audit firm by the public-interest entities would reinforce the professional scepticism and contribute to increasing audit quality. Also, this measure combined with the presence of smallernon- dominant audit firms would facilitate the development of the capacity of such firms, thus contributing to increasing the choice of statutory auditors and audit firms for public-interest entities. Therefore, the latter should be encouraged and incentivised to appoint more than one statutory auditor or audit firm to carry out the statutory audit.
Amendment 146 #
2011/0359(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
Amendment 147 #
2011/0359(COD)
Proposal for a regulation
Recital 47 b (new)
Recital 47 b (new)
(47b) Reporting on the audited entities' performance on their official Corporate Social Responsibility (CSR) policy as well as on non-financial provisions contained in the fourth directive on annual accounts 2003/51/EC is conducive to investor's needs and to public demands for greater responsibility of public interest entities.
Amendment 148 #
2011/0359(COD)
Proposal for a regulation
Recital 47 c (new)
Recital 47 c (new)
(47c) Traditionally auditors have conducted ex-post audits and the main objective has been to verify income, expenses assets and liabilities, which have generally been the outcome of past transactions. However, the intensification of finance in economy has produced new complex financial instruments whose value is dependent on uncertain future events and marked volatility which challenges the reliability of audit reports and the understanding of overall risk.
Amendment 149 #
2011/0359(COD)
Proposal for a regulation
Recital 47 d (new)
Recital 47 d (new)
(47d) Any sign of aggressive tax planning of an PIE should be communicated without delay to the competent authority and the national tax authority.
Amendment 154 #
2011/0359(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Where a cooperative within the meaning of Article 2(14) of Directive 2006/43/EC, or savings bank as referred to in Article 45 of Directive 86/635/EEC, a subsidiary or a legal successor of a cooperative, or savings bank as referred to in Article 45 of Directive 86/635/EEC is required or permitted under national provisions to be a member of a non-profit- making auditing entity, an objective, reasonable and informed party would not conclude that the membership-based relationship compromises the statutory auditor's independence, provided that when such an auditing entity is conducting a statutory audit of one of its members, the principles of independence laid down in this Chapter are applied to the auditors carrying out the audit and those persons who may be in a position to exert influence on the statutory audit.
Amendment 157 #
2011/0359(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Employees of a statutory auditor or an audit firm carrying out a statutory audit of a public-interest entity as well as any other natural person whose services are placed at the disposal or under the control of such auditor or firm shall not, when such employees or other natural persons are personally approved as statutory auditors, before a period of at least onefour years has elapsed since he or she was directly involved in the statutory audit activities, take up any of the duties referred to in points (a), b) and (c) of paragraph 1.
Amendment 163 #
2011/0359(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. When the statutory auditor or audit firm provides to the audited entity related financial audit services, as referred to in Article 10(2), the fees for such services shall be limited to no more than 10 5 % of the fees paid by the audited entity for the statutory audit. Where the audited entity has appointed more than one statutory auditor or audit firm, the fees for the related financial audit services referred to in Article 10(2) shall be limited for each statutory auditor or audit firm, to no more than 15% of the fees paid by the audited entity for the statutory audit.
Amendment 246 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii a (new)
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii a (new)
(viiia) general management consultancy services
Amendment 248 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii b (new)
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii b (new)
(viiib) tax consultancy and advising services
Amendment 249 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii c (new)
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii c (new)
(viiic) due diligence services to the buy side on potential mergers and acquisitions and providing assurance to the audited entity on other parties at a financial or corporate transactions.
Amendment 264 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point b – point iv
Article 10 – paragraph 3 – subparagraph 3 – point b – point iv
(iv) due diligence services to the vendor or the buy side on potential mergers and acquisitions and providing assurance on the audited entity to other parties at a financial or corporate transaction.
Amendment 305 #
2011/0359(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the reporting requirements as referred to in Articles 22 and 23, the scope of statutory audit shall not include the assuranceoverall risks on the future viability of the audited entity norand auditors may report on the efficiency or effectiveness with which the management or administrative body has conducted or will conduct the affairs of the entity.
Amendment 306 #
2011/0359(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
The statutory auditor or the audit firm shall maintain professional scepticism in particular when reviewing management estimates relating to fair valuevaluation methods such as fair value, overall risks and the impairment of goodwill and other intangible and future cash flow relevant to the consideration of the going concern.
Amendment 309 #
2011/0359(COD)
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point c
Article 16 – paragraph 5 – subparagraph 1 – point c
(c) an audit plan setting out the probable scope and method of the statutory audit; and, where more than one statutory auditor or audit firm have been appointed, the distribution of tasks among the appointed statutory auditors or audit firms
Amendment 311 #
2011/0359(COD)
Proposal for a regulation
Article 21 – paragraph 1 – indent 2
Article 21 – paragraph 1 – indent 2
– an additional report to the audit committee and the competent authority in accordance with Article 23 c.
Amendment 312 #
2011/0359(COD)
Proposal for a regulation
Article 21 – paragraph 1 – indent 2 a (new)
Article 21 – paragraph 1 – indent 2 a (new)
- an additional non-financial and CSR report in accordance with Article 23 b
Amendment 314 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. The audit report shall be in writing and in digital form. It shall at least:
Amendment 315 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point n
Article 22 – paragraph 2 – point n
(n) explain to what extent the statutory audit was designed to detect off balance sheet assets and irregularities, including fraud;
Amendment 325 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point w a (new)
Article 22 – paragraph 2 – point w a (new)
(wa) report on the audited entity's CSR performance with regard to its official CSR policy
Amendment 326 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. When more than one statutory auditor or audit firm have been appointed to carry out the statutory audit of the public-interest entity, they shall agree on the results of the statutory audit and submit a joint report and opinion. In case of disagreement, each statutory auditor or audit firm shall submit his, her or its opinion separately. If one statutory auditor or audit firm qualifies his, her or its opinion, submits an adverse opinion or a disclaimer of opinion, the overall opinion shall be considered as qualified, adverse opinion or a disclaimer of opinion. In a separate paragraph each statutory auditor or audit firm shall state the reasons of disagreement. In case of disagreement, each auditor shall report to the competent authority their reasoned opinion.
Amendment 331 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The audit report shall not be longer than four pages or 10000 characters (without spaces). It shall not contain any cross- references to the additional report to the audit committee referred to in Article 23. Auditors shall strive to write in non- technical language and the audit report shall contain explanations of any technical term used.
Amendment 332 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
The statutory auditor(s) or the audit firm(s) carrying out statutory audit of public- interest entities shall submit an additional report to the audit committee of the audited entity and to the competent authority.
Amendment 337 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point f
Article 23 – paragraph 2 – point f
(f) indicate and explain judgments about material uncertainty and overall risks that may cast doubt about the entity's ability to continue as a going concern;
Amendment 338 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point n a (new)
Article 23 – paragraph 2 – point n a (new)
(na) indicate whether there are any signs that the audited entity has any assets off balance sheet.
Amendment 339 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point n b (new)
Article 23 – paragraph 2 – point n b (new)
(nb) describe the efficiency and effectiveness with which the management or the administrative body has conducted or will conduct the affairs of the audited entity
Amendment 340 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point n c (new)
Article 23 – paragraph 2 – point n c (new)
(nc) indicate any sign of aggressive tax planning strategies of a public interest entity. When becoming aware of aggressive tax planning strategies of a public interest entity, the statutory auditor or audit firm shall automatically alert the competent authority and the respective national tax authorities.
Amendment 341 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Upon request, tThe statutory auditor(s) or the audit firm(s) shall make available without delay the additional report to the competent authorities.
Amendment 342 #
2011/0359(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Additional non-financial and Corporate Social Responsibility (CSR) report From 1.1.2014, the statutory auditors(s) or the audit firm(s) carrying out statutory audit of public-interest entities shall submit an additional report on the non- financial and CSR performance of public interest entities. The public interest entities shall make public an annual non- financial and CSR report at the latest three months after the end of each financial year. The annual non-financial and CSR report shall be published on the website of the statutory auditor or audit firm and shall remain available on that website for at least five years. The non-financial reporting shall as minimum take the fourth directive on annual accounts 2003/51/EC that requires enterprises to disclose in their annual reports environmental and employee-related information to the extent necessary for an understanding of the company's development, performance or position as a starting point. Further the additional audit report shall contain the official CSR policy of the audited public interest entity. CSR is here understood as the public interest entities voluntary integrated responsibility with regards to human rights, social issues, environmental issues, climate issues and the fighting of corruption. If the public interest entity have no CSR policy on these issues the auditor shall note this in the audit report. The CSR reporting should be separate form the non-financial reporting. The CSR reporting shall at least contain: (a) the CSR policy of the public interest entity, standards, guidelines or principles of social responsibility. If the policies is adopted from UN Global Compact, the ILO or OECD guidelines (b) how the public interest entity transform its CSR policy into action and systems or procedures on this matter. (c) the management of public interest entity own judgement of the performance on the CSR policy and the expectations of future CSR policy. The Commission shall draft a delegated act by 1.7.2013, laying out mandatory standards for auditors to report on the audited entities' performance on their official Corporate Social Responsibility (CSR).
Amendment 345 #
2011/0359(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
The statutory auditor(s) or audit firm(s) shall report to the audit committee on key matters arising from the statutory audit, and in particular on material weaknesses in internal control in relation to the financial reporting process. Upon request of any of the parties, the statutory auditor(s) or audit firm(s) shall discuss these matters with the audit committee. , and, when more than one statutory auditor or audit firm have been appointed, the distribution of tasks between them
Amendment 356 #
2011/0359(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
An audit firm that carries out statutory audits of public-interest entities shall make public on its website its annual financial report within the meaning of Article 4(2) of Directive 2004/109/EC at the latest fourthree months after the end of each financial year.
Amendment 360 #
2011/0359(COD)
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 – point k a (new)
Article 27 – paragraph 2 – subparagraph 1 – point k a (new)
(ka) a statement on the official CSR policy of the statutory auditor
Amendment 362 #
2011/0359(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
A statutory auditor or audit firm shall provide annually to his, her or its competent authority a list of the audited public-interest entities by revenue generated from them. This shall be provided in aggregated form to ESMA.
Amendment 375 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Where Article 37(2) of Directive 2006/43/EC applies, the public-interest entity shall only inform the competent authority of the use of the alternative systems or modalities referred to in that Article; in this case paragraphs 2 to 6 of this Article shall not apply.
Amendment 382 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 3
Article 32 – paragraph 2 – subparagraph 3
When it concerns the renewal of an audit engagement in accordance with the second subparagraph of Article 33(1), the audit committee shall, for the preparation of its recommendation, take into consideration any findings and conclusions on the recommended statutory auditor or audit firm referred to in Article 40(6) and published by the competent authority pursuant to Article 44(d). In this case the public-interest entity shall provide a publicly available justification of the re- appointment of the statutory auditor
Amendment 391 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 1 – point b
Article 32 – paragraph 3 – subparagraph 1 – point b
(b) the audited entity shall be free to choose the method to contact the invited statutory auditor(s) or audit firm(s) and shall not be required to publish a call for tenders in the Official Journal of the European Union and/or in national gazettes or newspapers;.
Amendment 398 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 3
Article 32 – paragraph 3 – subparagraph 3
For the purposes of point (a) of the first subparagraph, the competent authority referred to in Article 35(1) shall make public a list of the auditors and audit firms concerned which shall be updated on an annual basis. The competent authority shall use the information provided by statutory auditors and audit firms pursuant to Article 28 to make the relevant calculations. This shall be provided in aggregated from to ESMA.
Amendment 406 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 7 – subparagraph 2
Article 32 – paragraph 7 – subparagraph 2
The public-interest entity shall inform directly and without delay the competent authorities referred to in Article 35 of any attempt by a third party to impose such a contractual clause or to otherwise influence the decision of the general meeting of shareholders on the selection of a statutory auditor or audit firm.
Amendment 411 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph -1 (new)
Article 33 – paragraph 1 – subparagraph -1 (new)
(-1) For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to 7 shall apply. Where Article 37 (2) of Directive 2006/43/EC applies paragraphs 2 to 4 of this Article shall not apply.
Amendment 429 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2 a (new)
Article 33 – paragraph 1 – subparagraph 2 a (new)
Amendment 446 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4 a (new)
Article 33 – paragraph 1 – subparagraph 4 a (new)
(4a) In case an audit is performed by more than one statutory auditor or audit firm, each of them shall review the work undertaken by the other statutory auditor(s) or audit firm(s) in order to evaluate the sufficiency and appropriateness of audit evidence obtained to form an opinion on the financial statement
Amendment 456 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, on an exceptional basis the public- interest entity may request the competent authority referred to in Article 35(1) to grant an extension to re-appoint the statutory auditor or audit firm for an additional engagement. In case of appointment of two statutory auditors or audit firms, this third engagement shall not exceed three years. In case of appointment of one statutory auditor or audit firm, this third engagement shall not exceed two years. In the case of re-appointment the public-interest entity shall provide a publicly available justification of the re- appointment of the statutory auditor
Amendment 459 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1
Article 33 – paragraph 4 – subparagraph 1
The key audit partner(s) responsible for carrying out a statutory audit shall cease his, her or their participation in the statutory audit of the audited entity after a period of sevenfour years from the date of appointment has elapsed. He, she or they may participate in the statutory audit of the audited entity again after a period of at least three years.
Amendment 462 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 2
Article 33 – paragraph 4 – subparagraph 2
The statutory auditor or audit firm shall establish an appropriate four year gradual rotation mechanism with regard to the most senior personnel involved in the statutory audit, including at least the persons who are registered as statutory auditors. The gradual rotation mechanism shall be undertaken in phases on the basis of individuals rather than of a complete team. It shall be proportionate in view of the scale and the dimension of the activity of the statutory auditor or audit firm.
Amendment 465 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 2 a (new)
Article 33 – paragraph 4 – subparagraph 2 a (new)
(2a) An auditor switching to another statutory auditor or audit firm shall cease to be involved in auditing a PIE or its related third parties the auditor was involved in previously for a period of four years
Amendment 473 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
ESMA shall develop draft regulatory technical standards to specify technical requirements on the content of the handover file referred to in paragraph 6 and on the performance of statutory audits by more than one statutory auditor or audit firms including the distribution of tasks between auditors. The latter should at least include: (a) the principle that shall govern the distribution of the tasks to be carried out by each statutory auditor or audit firm; (b) the principles that shall govern the regular redistribution of the tasks during the course of the audit engagement; (c) the minimum content of the working arrangement between the appointed statutory auditor or audit firms, including the audit working plan.
Amendment 476 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2 – introductory part
Article 35 – paragraph 1 – subparagraph 2 – introductory part
The competent authority/authorities shall be one of the following:
Amendment 477 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2 – point c
Article 35 – paragraph 1 – subparagraph 2 – point c
(c) the competent authorityies referred to in Article 32 of Directive 2006/43/EC.
Amendment 481 #
2011/0359(COD)
Proposal for a regulation
Article 40 – paragraph 5 – subparagraph 1 – point b
Article 40 – paragraph 5 – subparagraph 1 – point b
(b) adequate compliance testing of procedures and a review of audit files of public interest entities in order to verify the effectiveness of the internal quality control system; including appropriate division of tasks
Amendment 492 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1 a (new)
Article 46 – paragraph 1 – subparagraph 1 a (new)
(1a) Article 19 of the REGULATION (EU) No 1095/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Supervisory Authority (European Securities and Markets Authority), relating to the settlement of disagreements between competent authorities in cross- border situations, setting out the powers of binding mediation, shall apply to all relevant articles of this Regulation and directive [to be inserted]
Amendment 500 #
2011/0359(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Colleges of competent authorities may be established in order to facilitate the exercise of the tasks referred to in Articles 40, 41, 50, 51, 52 and 61 with regard to specific statutory auditors, audit firms or their networks, or any other matter relevant for the implementation of this regulation and directive [to be inserted] The colleges of competent authorities shall provide an effective and flexible permanent forum for cooperation and coordination among the authorities responsible for and involved in supervision. Where appropriate, colleges may cooperate with other authorities.
Amendment 501 #
2011/0359(COD)
Proposal for a regulation
Article 53 – paragraph 7 a (new)
Article 53 – paragraph 7 a (new)
(7a) The competent authorities involved in the supervision of any of the relevant activities of a cross-border statutory auditor or audit firm operating in at least 15 member states, shall form a college of competent authorities. ESMA shall be part of the colleges and act in accordance with article 21 of REGULATION (EU) No 1095/2010.
Amendment 504 #
2011/0359(COD)
Proposal for a regulation
Article 62 – paragraph 2 – point h a (new)
Article 62 – paragraph 2 – point h a (new)
(ha) an immediate end of the audit engagement concerned following the procedure of normal expiry of the maximum duration of engagement as described in article 33(2)
Amendment 15 #
2011/0261(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The revenue collected from the FTT should contribute to the provision of global public goods such as development cooperation and the fight against climate change.
Amendment 23 #
2011/0261(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) In order to allow for the taxable amount to be determined as easily as possible so as to limit costs for businesses and for tax administrations, in the case of financial transactions other than those related to derivatives agreements reference should be made normally to the consideration granted in the context of the transaction. Where no consideration is granted or where the consideration granted is lower than the market price, the latter should be referred to as a fair reflection of the value of the transaction. Equally for reasons of ease of calculation, the notional amount should be used where derivatives agreements are purchased/sold, transferred, concluded or modifiedAs for derivatives agreements, the taxable amount should be computed on a risk- based analysis of the contract. The tax base should be supervised on a continuous basis and the European Central Bank should be asked for advice in annually adjusting the tax base to guarantee that the tax burden for derivative contracts is at least as high as from a direct investment into the underlying assets.
Amendment 25 #
2011/0261(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) Because of the high mobility of financial transactions and in order to help mitigating potential tax avoidance, the FTT should be applied on the basis of the residence principle, complemented by the issuance and ownership principles.
Amendment 30 #
2011/0261(CNS)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In case no agreement amongst the EU 27 is found by 1 September 2012, Member States willing to implement the FTT should advance by formally requesting enhanced cooperation in accordance with the Article 329 TFEU. The European Parliament should give its consent speedily, under the condition that the Member States in question commit to adopt in accordance with the Article 333 (2) TFEU a decision stipulating that they will act under the ordinary legislative procedure.
Amendment 31 #
2011/0261(CNS)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall apply to all financial transactions, including spot currency transactions, on condition that at least one party to the transaction is established in a Member State and that a financial institution established in the territory of a Member State is party to the transaction, acting either for its own account or for the account of another person, or is acting in the name of a party to the transaction.
Amendment 33 #
2011/0261(CNS)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. A tax of 0, 1% shall apply to cancelled financial transactions if on average per trading day the number of cancelled financial transactions exceeds 15 times the number of executed financial transactions.
Amendment 38 #
2011/0261(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) ) it is party to a financial transaction in relation to a financial instrument issued within the territory of a Member State or the Union.
Amendment 39 #
2011/0261(CNS)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 40 #
2011/0261(CNS)
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b Ownership Principle 1. A financial transaction in relation to which no FTT has been levied shall be deemed legally unenforceable and shall not result in a transfer of legal title of the underlying instrument. 2. A financial transaction referred to in paragraph 1 of this Article shall not be eligible for central clearing under the Regulation (EU) No .../2012 of the European Parliament and the Council of ... on OTC derivatives, central counterparties and trade repositories [EMIR] nor be eligible to fulfil the capital adequacy requirements under the Regulation (EU) No .../2012 of the European Parliament and the Council of ... on prudential requirements for credit institutions and investment firms [CRD IV]. 3. In the case of automatic electronic payment schemes with or without the participation of payment settlement agents, revenue authorities of a Member State may establish a system of automatic electronic collection of the FTT and certificates of transferring of legal titles.
Amendment 41 #
2011/0261(CNS)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
In the case of financial transactions referred to in point 1(c) of Article 2(1) and, in respect of derivative agreements, in points 1(a) and 1(b) of Article 2(1), the taxable amount of the FTT shall be the notional amount of the derivatives agreement at the time of the financial transactionshall be computed on a risk-based analysis of the contract. The tax base shall be supervised on a continuous basis and the European Central Bank shall be asked for advice in annually adjusting the tax base to guarantee that the tax burden for derivative contracts is at least as high as from a direct investment into the underlying assets.
Amendment 46 #
2011/0261(CNS)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point b
Article 8 – paragraph 2 – subparagraph 2 – point b
(b) 0.01% in respect of financial transactions referred to in Article 6.
Amendment 50 #
2011/0261(CNS)
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. A financial transaction in relation to which no FTT has been levied shall be deemed legally unenforceable and shall not result in the transfer of legal title of the underlying asset.
Amendment 53 #
2011/0261(CNS)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Enhanced Cooperation In case no agreement amongst the EU 27 is found by 1 September 2012, Member States willing to implement the FTT shall advance by formally requesting enhanced cooperation in accordance with the Article 329 TFEU. The European Parliament shall give its consent speedily, under the condition that the Member States in question commit to adopt in accordance with Article 333 (2) TFEU a decision stipulating that they will act under the ordinary legislative procedure
Amendment 1192 #
2011/0202(COD)
Proposal for a regulation
Article 413 – paragraph 1
Article 413 – paragraph 1
1. Institutions shall report their capped liquidity inflows. Capped liquidity inflows shall be the liquidity inflows limited to 75% of liquidity outflows. Institutions may exempt liquidity inflows from deposits placed with other institutions and qualifying for the treatments set out in Article 108(6) or Article 108(7) from this limit. Institutions may exempt liquidity inflows from monies due from borrowers and bond investors related to mortgage lending funded by bonds eligible for the treatment set out in Article 124(3), (4) or (5) or as defined in Article 52(4) of Directive 2009/65/EC from this limit.
Amendment 1204 #
2011/0202(COD)
Proposal for a regulation
Article 413 – paragraph 2 – point a
Article 413 – paragraph 2 – point a
(a) monies due from customers that are not financial customers for the purposes of principal repayment shall be reduced by 50% of their value or by the contractual commitments to those customers to extend funding, whichever is higher. This does not apply to monies due from secured lending and capital market driven transactions as defined in Article 188 that are collateralised by liquid assets according to Article 404 and monies due from mortgage lending funded by bonds eligible for the treatment set out in Article 124(3), (4) or (5) or as defined in Article 52(4) of Directive 2009/65/EC;
Amendment 1243 #
2011/0202(COD)
Proposal for a regulation
Article 414 – paragraph 1 – point b – point ix
Article 414 – paragraph 1 – point b – point ix
(ix) liabilities resulting from securities issued qualifying for the treatment in Article 124 or as defined in Article 52(4) of Directive 2009/65/;
Amendment 1259 #
2011/0202(COD)
Proposal for a regulation
Article 415 – paragraph 1 – point g a (new)
Article 415 – paragraph 1 – point g a (new)
(g a) and separately those: v) collateralised by commercial real estate (CRE); (vi) collateralised by residential real estate (RRE); (vii) match funded (pass-through) via bond eligible for the treatment set out in Article 124 or as defined in Article 52(4) of Directive 2009/65/EC;
Amendment 1528 #
2011/0202(COD)
Proposal for a regulation
Article 481 – paragraph 2 – introductory part
Article 481 – paragraph 2 – introductory part
2. EBA shall, by 31 December 2013, report to the Commission on appropriate uniform definitions of high and of extremely high liquidity and credit quality of transferable assets for purposes of Article 404, taking into account all relevant factors such as the applicable legal framework, incentive structures, available market initiatives and tools designed to enhance transparency and liquidity of assets. EBA shall in particular test the adequacy of the following criteria and the appropriate levels for such definitions:
Amendment 39 #
2011/0187(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Data on the development of prices for Union-wide voice, SMS and data roaming services since the entry into force of Regulation (EC) No 717/2007 and its amending Regulation (EC) No 544/2009, including in particular those collected by national regulatory authorities and reported on a quarterly basis through the medium of the BEREC, do not provide evidence to suggest that competition at the retail or wholesale levels has reasonably developed and is likely to be sustainable from June 2012 onwards in the absence of regulatory measures. Such data indicates that retail and wholesale prices are still much higher than domestic prices and continue to cluster at or close to the limits set by Regulation (EC) No 717/2007 as amended by Regulation (EC) No 544/2009, with only limited competition below those limits.
Amendment 46 #
2011/0187(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the Union. Consumers should be able to choose a different provider for roaming services without changing their number, and in a manner which ensures interoperability of services and within a short period of time, with roaming services being provided anywhere in the Union and with the same level of quality.
Amendment 57 #
2011/0187(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) During the transitional period of safeguard caps, new roaming customers should be fully informed in a clear and understandable manner of the range of tariffs that exist for roaming within the Union, including the tariffs which are compliant with the transitory Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if, after having been reminded of their current tariff conditions, they fail to express a choice within the relevant time period. Such specific roaming tariffs or packages could include, for example, roaming flat-rates, non-public tariffs, tariffs with additional fixed roaming charges, tariffs with per-minute charges lower than the maximum Eurotariff or tariffs with set-up charges.
Amendment 63 #
2011/0187(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff, subject only to the possibility to apply a minimum initial charging period of no more than 30 seconds for calls made. This will enable operators to cover any reasonable set-up costs and to provide flexibility to compete by offering shorter minimum charging periods. However, no minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set- up costs are already covered by mobile termination rates.
Amendment 69 #
2011/0187(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Data collected by national regulatory authorities indicate that high prices for average wholesale charges for data roaming services levied by visited network operators from roaming customers' home providers persist, e. Even if these wholesale prices appear to be on a downward trend, they are still much too high and out of proportion with the real production costs.
Amendment 94 #
2011/0187(COD)
Proposal for a regulation
Recital 81 a (new)
Recital 81 a (new)
(81a) The review of this Regulation should aim to establish an even more integrated market for telecommunication services in Europe and to improve the ability for operators to provide telecommunications services and customer to use them, and therefore to remove remaining barriers. In order to supplement the rules for wholesale roaming access, the Commission and BEREC should take necessary measures to further harmonise national telecommunications regulations, improve the conditions for market entry for operators in all Member States and harmonise termination fees across the Union. In order to support a truly borderless, single market for telecommunications services, the Commission and BEREC should present a proposal on new rules for access to new 4G/ LTE networks so that mobile devices should be enabled to connect to any operator's access network which can provide the contracted signal level, if the contracted service provider cannot, and for there to be no surcharge levied from the customer where another operator's network is used. To supplement this regulation, the Commission should present a similar legislative proposal for the prices of cross-border phone calls made and SMS sent between Member States that are not covered by this regulation. The Commission should also actively seek to extend the application of the rules laid down in this regulation to other countries outside of the Union, especially those bordering the Union and candidate countries, by concluding bilateral or multilateral agreements.
Amendment 127 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within fivthree working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding threewo months.
Amendment 133 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually in a clear and understandable manner with full information on the possibility to choose an alternative roaming provider and facilitate the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.
Amendment 139 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. When a customer is offered by his home provider roaming tariffs close enough to the tariffs for domestic voice, SMS and data services he benefits from, the obligation for this operator to enable his customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply. The BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs close to domestic tariffs.
Amendment 151 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,140 per minute as of 1 July 2012.
Amendment 160 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,105 and EUR 0,063, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,063 for the duration of this Regulation.
Amendment 171 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,3215 per minute for any call made or EUR 0,1105 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2813 and EUR 0,2410 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013. From 1 July 2014, home providers shall not levy any charge from their roaming customers for calls received. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 180 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4
Article 7 – paragraph 2 – subparagraph 4
Amendment 184 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Home providers shall not disable, disallow or otherwise hamper active or passive calling when roaming for new customers or existing Eurotariff customers unless these customers specifically request so or have exceeded a cut-off limit.
Amendment 192 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,107, and shall not exceed EUR 0,05 from 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016.
Amendment 201 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Home providers shall not disable, disallow or otherwise hamper the sending or receiving of SMS when roaming for new customers or existing Eurotariff customers unless these customers specifically request so or have exceeded a cut-off limit.
Amendment 203 #
2011/0187(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 10,30, EUR 0,20 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megigabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megigabyte of data transmitted for the duration of this Regulation.
Amendment 216 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,920 per megigabyte. The price ceiling for data used shall decrease to EUR 0,70 and EUR 0,50,maximum retail charge for the provision of roaming data below 1 gigabyte shall be proportionate to EUR 20 per megigabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,520, per megigabyte used until 30 June 2016.
Amendment 234 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State or a third country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member State.
Amendment 238 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Article 14 – paragraph 1 – subparagraph 2 – introductory part
This basic personalised pricing information shall be sent to the customer when roaming outside as well as within the European Union and shall include the maximum charges the customer may be subject to under his tariff scheme for:
Amendment 242 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member Statecountry.
Amendment 250 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, and irrespective of their location within the Union, more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls, SMS, MMS and other data communication services, and information on the transparency measures applicable by virtue of this Regulation, by means of a mobile voice call or by SMS. Such a request shall be to a free-of-charge number designated for this purpose by the home provider. Obligations provided for in paragraph 1 shall not apply to machine to machine (M2M) type of devices that use mobile communication.
Amendment 251 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Amendment 254 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. Pricing information shall be expressed in gigabytes. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers.
Amendment 265 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State or third country concerned, except where the customer has notified his home provider that he does not require this information.
Amendment 271 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member Statecountry. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension. The personalised pricing information shall be sent to the customer when roaming outside as well as within the Union.
Amendment 289 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Paragraph 3 shall apply to customers roaming outside as well as within the territory of the European Union.
Amendment 80 #
2011/0150(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This regulation covers standardisation of services related to goods or digital content, such as installation, maintenance, repair or any other processing. However, it does not concern standardisation of intellectual and conceptual services as defined by Directive 2005/36/EC nor does it cover social, healthcare or pharmaceutical services. These services are provided on the basis of relevant professional qualifications in a personal, responsible and professional independent capacity in the interest of the client and the public.
Amendment 81 #
2011/0150(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Within the Union, national standards are adopted by national standardisation bodies which could lead to conflicting standards and technical impediments in the internal market. Therefore, it is necessary for the internal market and for the effectiveness of standardisation within the Union to confirm the existing regular exchange of information between the national standardisation bodies, the European standardisation bodies and the Commission, about current and future standardisation work, including the provisions concerning the standstill arrangements applicable to the national standardisation organisations within the framework of the European standardisation organisations. This exchange of information should be aligned with Annex 3 to Agreement on Technical Barriers to Trade approved by Council Decision No 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral Agreements resulting from the 1973 to 1979 trade negotiations.
Amendment 88 #
2011/0150(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Any Union policy and legislative initiative should be in compliance with the United Nations Convention on the Rights of Persons with Disabilities concluded by the European Union on 23 December 2010, and especially Articles 3, 4 and 9.
Amendment 106 #
2011/0150(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Standards should as far as possible take into account environmental impacts throughout the life cycle of products and services. Important and publicly available tools for evaluating such impacts throughout the life cycle have been developed by the Commission's Joint Research Centre.
Amendment 109 #
2011/0150(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The advisory procedure should be used for the implementing decisions with respect to the annual European standardisation work and the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were not yet published in the Official Journal of the European Union, given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable Union harmonisation legislation.
Amendment 110 #
2011/0150(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The examination procedure should be used for the implementing decisions with respect to the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were already published in the Official Journal of the European Union, given that such decision could have consequences on the presumption of conformity with the applicable essential requirements. National authorities should give their input through their national standardisation organisations during the standardisation process, in order to reduce as much as possible, modifications on the status of standards after the publication in the Official Journal of the European Union.
Amendment 111 #
2011/0150(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes rules with regard to the cooperation between European standardisation bodies, national standardisation bodies and the Commission, the establishment of those European standards and European standardisation deliverables for products and for services inrelated to goods or digital content which are used to support of Union legislation and policies, the recognition of technical specifications in the field of information and communication technologies (hereinafter ‘ICT’) and financing of European standardisation. Social services and services by Professional qualifications as defined by the Directive 2005/36/EC of the European Parliament and the Council on recognition of professional qualifications shall not be subject to this regulation.
Amendment 118 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘standard’ means a technical specification for repeated or continuous application, the draft of which has been subject to public enquiry, with which compliance is not compulsory, and which is one of the following:
Amendment 123 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) ‘international standard’ means a standard adopted by an international standardisation bodyorganisation, and made publicly available;
Amendment 125 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) ‘European standard’ means a standard adopted by one of the European standardisation bodies, which is automatically transposed as a national standard in Member States by withdrawal of conflicting national standards during the drafting of which a standstill on national level applies;
Amendment 129 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
(d) ‘national standard’ means a standard adopted by a national standardisation body, and made publicly available;
Amendment 132 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
(a) the characteristics required of a product including levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;
Amendment 135 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘service’ means any self-employed economic activity related to goods or digital content, such as installation, maintenance, repair or any other processing, normally provided for remuneration, as referred to in Article 57 of the Treaty;
Amendment 155 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. European standardisation bodies shall ensure an appropriate representation and participation of small and medium-sized enterprises (hereinafter ‘SME’), consumer organisations and environmental and social stakeholders and representatives of employers and employees (hereinafter 'social partners'), in particular through the organisations referred to in Annex III, at the policy development level and at least at the following stages of the development of European standards or European standardisation deliverables:
Amendment 163 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) the vote: during a transitional period organisations referred to in Annex III shall be granted voting rights to items to which a representative of such an organisation has contributed at technical level and as long as the respective stakeholder group is not systematically and appropriately represented in at least 2/3 of the National Standardisation Organisations.
Amendment 164 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e b (new)
Article 5 – paragraph 1 – point e b (new)
(eb) In order to ensure the appropriate representation of stakeholders and to improve the consensus building process, the transparency of affiliation of members shall be promoted and monitored by European Standardisation Organisations.
Amendment 168 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 d (new)
Article 5 – paragraph 1 d (new)
1d. The European Standardisation Organisations shall grant an 'effective membership' to the organisations referred to in Annex III in order to strengthen the representation of those stakeholders who are often weak in, or absent from, the mirror standardisation committees at national level.
Amendment 172 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. European standardisation bodies shall ensure an appropriate representation, at technical level, of relevant public authorities including those responsible for market surveillance in the Member States, employers and employees as representatives for occupational safety and undertakings, research centres and universities and other legal entities, in standardisation activities concerning an emerging area with significant policy or technical innovation implications, if and in particular when these legal entities concerned participated in a project that is related to that area and that is funded by the Union under a multiannual framework programme for activities in the area of research and technological development.
Amendment 186 #
2011/0150(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The European standardisation work programme referred to in paragraph 1 shall specify the specific objectives and policies for the European standards and other European standardisation deliverables that the Commission intends to request from the European standardisation bodies. In cases of urgency the Commission can issue requests without prior indicationafter consultation with the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 188 #
2011/0150(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. A European Standardisation System Strategy Forum shall be set up by the Commission in order to consult and coordinate relevant European stakeholders and interested parties, including Annex III organisations, in the perspective of the European policy priorities and initiatives. This multi- stakeholder platform shall be consulted prior to the adoption of the multiannual European standardisation work programme referred to in paragraph 1 and on each standardisation request referred to in Article 7(1). This Forum shall also be used as the multi-stakeholder platform in the field of ICT proposed in the Commission Communication COM(2011)311.
Amendment 189 #
2011/0150(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission may request one or several European standardisation bodies to draft a European standard or European standardisation deliverable within a set deadline. They shall be market-driven, take into account the pubolic intery objectives clearly stated in the Commissions request and based on consensus.
Amendment 195 #
2011/0150(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The relevant European standardisation body shall indicate, within onthree month s following its receipt, and provided that it has been duly consulted during the drafting process, if it accepts the request referred to in paragraph 1.
Amendment 199 #
2011/0150(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When either a Member State or the European Parliament considers that a harmonised standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant Union legislation, it shall inform the Commission thereof with a detailed explanation and evidence to sustain its claim. The Commission shall without delay convene the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 203 #
2011/0150(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The decision referred to in paragraph 2(a) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 18(2) following the consultation of the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 205 #
2011/0150(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The decision referred to in paragraph 2(b) of this Article shall be adopted in accordance with the examination procedure referred to in Article 18(3) following the consultation of the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 208 #
2011/0150(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Recognition and use of technical specifications in the field of ICT
Amendment 214 #
2011/0150(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Either on proposal from a public authority referred to in Directive 2004/18/EC or on its own initiative the Commission may decide, after consultation with representatives of all stakeholders, including the European Standardisation Organisations, to recognise technical specifications which are not national, European or international standards and meet the requirements set out in Annex II, as ICT standards.
Amendment 220 #
2011/0150(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Recognised ICT standards referred to in Article 9 shall constitute common technical specifications referred to in Directives 2004/17/CE and 2004/18/CE, and Regulation (EC) No 2342/2002.
Amendment 232 #
2011/0150(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) the drawing up of information to explain, interpret and simplify European standards or European standardisation deliverables, including the drawing up of user guides, best practice information and awareness-building actions. Such information and material shall be available in accessible electronic format and/or accessible format for persons with disabilities;
Amendment 247 #
2011/0150(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) The decisions referred to in points (a) and (b) shall be adopted after consultation with the European Standards Organisations and the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 260 #
2011/0150(COD)
Proposal for a regulation
Annex 2 – point 3 – point c
Annex 2 – point 3 – point c
(c) intellectual property rights essential to the implementation of specifications are licensed to applicants on a (fair) reasonable and non-discriminatory basis ((F)RAND), which includes, at the discretion of the intellectual property right-holder, licensing essential intellectual property without compensation.
Amendment 264 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point a – introductory part
Annex 3 – point a – introductory part
(a) A European horizontal organisation representing crafts and SMEs in European standardisation activities which:
Amendment 270 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point d – point i
Annex 3 – point d – point i
(i) is non-governmental, non-profit- making, representative and independent of industry, commercial and business or other conflicting interests.
Amendment 272 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point d – point ii
Annex 3 – point d – point ii
(ii) has as its statutory objectives and activities to represent social interests and in particular most vulnerable groups such as persons with disabilities in the standardisation process at European level;
Amendment 31 #
2011/0058(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Taxpayers should be allowed to carry losses forward indefinitelyfor five years, but no loss carry-back should be allowed. SinceLoss carry- forward of losses is intended to ensure that a taxpayer pays tax on its real income, there is no reason to place a time limit on carry forward. Loss carry back is relatively rare in the practice of the Member States, and leads to excessive complexity back is relatively rare in the practice of the Member States, and leads to excessive complexity. There should be no carry forward of losses incurred prior to the entry into force of this Directive.
Amendment 41 #
2011/0058(CNS)
Proposal for a directive
Article 1
Article 1
This Directive establishes a system for a common base for the taxation of certain companies and groups of companies and, lays down rules relating to the calculation and use of that base and establishes a minimum aggregate corporate tax rate of 15 % by 2013, 20 % by 2015 and 25 % by 2017 for all Member States.
Amendment 44 #
2011/0058(CNS)
Proposal for a directive
Article 2 – title
Article 2 – title
Amendment 49 #
2011/0058(CNS)
Proposal for a directive
Article 4 – point 1
Article 4 – point 1
(1) ‘taxpayer’ means a company which shall or has opted to apply, the system provided for by this Directive;
Amendment 51 #
2011/0058(CNS)
Proposal for a directive
Article 4 – point 3
Article 4 – point 3
(3) ‘non-taxpayer’ means a company which is ineligible to optnot obliged to apply or has not opted to apply the system provided for by this Directive;
Amendment 54 #
2011/0058(CNS)
Proposal for a directive
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. A company not subject to Recommendation 2003/361/EC to which this Directive applies which is resident for tax purposes in a Member State shall apply the system provided for by this Directive under the conditions provided for therein.
Amendment 56 #
2011/0058(CNS)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A company subject to Recommendation 2003/361/EC to which this Directive applies which is resident for tax purposes in a Member State may opt for the system provided for by this Directive under the conditions provided for therein.
Amendment 62 #
2011/0058(CNS)
Proposal for a directive
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
Amendment 72 #
2011/0058(CNS)
Proposal for a directive
Article 48
Article 48
Amendment 79 #
2011/0058(CNS)
Proposal for a directive
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
2a. Consolidation shall not take into account the years before the entry into force of this directive. Losses incurred before the entry into force of this directive cannot be consolidated.
Amendment 81 #
2011/0058(CNS)
Proposal for a directive
Article 57 a (new)
Article 57 a (new)
Article 57a Carry-forward of losses Losses cannot be carried forward more than 5 years
Amendment 86 #
2011/0058(CNS)
Proposal for a directive
Article 73 – paragraph 1 – point a
Article 73 – paragraph 1 – point a
(a) a tax on profits, under the general regime in that third country, at a statutory corporate tax rate lower than 4100 % of the average statutory corporate tax rate applicable in the Member States;
Amendment 6 #
2010/2307(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that the objective of all initiatives must be to educate young people for the Europe of the future, which meansdirected to enable all young people to participate in society and prepare them for the Europe of the future, which means giving them the opportunities to engage in social activities and to help shaping the society and making it possible for all young people to enjoy schooling, vocational training and higher education that lays stress on meeting the technological requirements of a modern and sustainable society;
Amendment 17 #
2010/2307(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that youth policies must be seen in relation with policies on education, employment, social inclusion and macroeconomics; stresses that young peoples employment situation is dependent on the overall economic policies and urges the Member States to a shift towards investments and job creation from which especially young people will benefit; regrets that Youth on the Move is mostly focused on the labour market; points out that austerity measures with e.g. cut backs in the educational system and job creation will not help young people and have the potential of damaging the society and the economy in the longer term;
Amendment 25 #
2010/2307(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that youth unemployment -– the causes of which the ILO does not consider to lie in income and non-wage labour cost levels, participatory rights and social protection standards – is a problem that must be overcome andmajor challenge across the EU and has so far not been sufficiently addressed by the EU and Member States; stresses that unemployment at a young age puts the individual at a very high risk of poverty in the long term; stresses that all employment contracts must provide for unrestricted social rights from the first day on; rejects any proposal to deviate from this principle;
Amendment 34 #
2010/2307(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that getting a job does not mean escaping poverty, and that young people are especially susceptible to fall into the category of working poor; therefore underlines that the efforts to offer quality jobs, and the efforts toward youth employment should be intertwined; points to the need to underpin employment policies with sound social policies that allow for a life in dignity in case of unemployment;
Amendment 36 #
2010/2307(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that Youth on the Move will not alone tackle or solve the alarming youth unemployment all over Europe; calls for all Member States to set up a national strategy to tackle youth unemployment and secure young peoples access to quality employment, education and training;
Amendment 43 #
2010/2307(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that the main concern of young people is to be autonomous, to have access to health care and a decent accommodation for a reasonable price, while being able to train, work and develop themselves; therefore calls on member states to remove age-related discriminations regarding access to Minimum Income schemes and Social Assistance such as excluding young people from Minimum Income schemes due to a lack of social security contributions;
Amendment 44 #
2010/2307(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that voluntaryHighlights that transnational mobility infor the framework of schacquisition of new skills is a strong tool ing and vocational training and for the purposes of employment should order to improve skills and competences, personal development and active citizenship of young people; takes the view that voluntary mobility should therefore be promoted for all young people, irrespective of their financial, social or geographical situation, with each individual being able to determine the degree of his or her own mobility; welcomes therefore the initiative of the Commission to set up a dedicated Youth on the Move website for information on EU learning and mobility opportunities; stresses the need for an active communication around this website towards young people, multipliers and other relevant stakeholders;
Amendment 60 #
2010/2307(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission's aims to extend learning mobility to all young people in Europe by 2020; regrets however that "Youth on the Move" is too much centred on student mobility; invites the Commission to give specific target figures for each mobility programs; and specifically to set clear and ambitious figures for vocational training mobility; underlines that mobility has been recognized as an added-value for those in vocational training, as it strengthens their employability; therefore calls for an increase of the share of the budget dedicated to Leonardo Program.
Amendment 62 #
2010/2307(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Is convinced that mobility of young people, which contributes to prosperity and to a fair development of our modern societies, should become the rule rather than the exception; stresses that attraction for mobility should be enhanced and that financial support should be wide and sufficient, with a special focus towards the most disadvantaged;
Amendment 64 #
2010/2307(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Emphasises that an ambitious funding is necessary to comply with the objective to give everyone the opportunity to undertake part of their education and training abroad; takes the view that education and training have to be a priority for the European Union and that this objective should be reflected in the next financial perspectives;
Amendment 66 #
2010/2307(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recognizes the role of the local and regional authorities in the field of training and mobility; takes the view that their competences and experience should be seen as complementary of the EU action; emphasizes that in order to achieve its goals the EU should develop a partnership approach, in particular with the local and regional authorities;
Amendment 76 #
2010/2307(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that the transition from school, vocational training or higher education to employment must be better prepared and must follow on directly from education or training, and welcomes the ‘European Youth Guarantee’ initiative; believes that social partnerstherefore underlines the major importance to effectively implement the ‘European Youth Guarantee’ initiative and make it an instrument of active integration on the labour market; stresses that Member States have so far not made any convincing commitment to implement the European Youth Guarantee and calls on them to do so speedily; believes that social partners, local and regional authorities, and youth organisations should be involved in the development of a sustainable strategy to reduce youth unemployment, in which there must be formal recognition of qualifications obtained;
Amendment 90 #
2010/2307(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Strongly supports the proposal for a Council Recommendation on a European Youth Guarantee and urges the Council to adopt it as soon as possible;
Amendment 93 #
2010/2307(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Emphasises that early school leaving, as a known risk for future exclusion from both employment and society, has to be dramatically reduced; stresses that this phenomenon has to be addressed in a multifaceted way, linked with social measures to enhance education and training in the disadvantaged areas;
Amendment 97 #
2010/2307(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Takes the view that measures must be taken to reinforcesupport the role of the family and social environment ofschool and the family in guiding young people and ofin their school in guiding them in their career choices and towards finding an occupationprofessional choices; stresses the need to alleviate the role of their social environment of young people when deciding upon their future career;
Amendment 111 #
2010/2307(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Takes the view that occupational choices must be less strongly influenced by gender,are still strongly gender-based and that this is a component adding to gender inequality; stresses that this has an impact both on female unemployment and poverty; stresses that measures must be taken to present a comprehensive overview of possible career choices and that the attempt must be made from an early age to interest and support girls, in particular, in mathematical and technical professions;
Amendment 125 #
2010/2307(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises that an actinclusive labour market policy, includingmeasures such as, publicly funded work programmes for young people, and the creation of new, sustainable and good jobs are essential preconditionelements for successfully tackling youth unemployment, and that the existing funds, such as the European Social Fund, must be targeted more specifically at these obje; emphasises that a mix of EU funding is available for young people from instruments such as the European Social Fund, the Mobility Programs (Erasmus, Socrates, Leonardo) and the YOUTH program but that the diversity of funding makes it difficult for youth organisations to access funding that answers their needs; calls on the Commission to ensure better use of, the European Social Fund, in order to increase young peoples employment; stresses the need for funding for young people that is easy accessible, can be managed by volunteers and small organisations where applicable, and allows for funding overarching measures that integrate several dimensions such as employment, mobility, social integration and cultural activities;
Amendment 138 #
2010/2307(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises that young people whose chances of getting started in life are poorer must be supported individually to increase their employability andwith respect for their individual needs and with a focus to increase their integration into the labour market and their access to quality jobs; considers that publicly funded training places are ancan be one effective instrument for integrating particularly disadvantaged young people; stresses however that integration into the first labour market is essential and that any integration measures should aim to access the regular labour market from an early stage on and need to be accommodated by support measures focussing on the need of individuals; stresses the specific difficulties of poor young people to enjoy an experience abroad because of financial and linguistic constraints, and in some case spatial discrimination; is convinced that financial support must address especially the needs of the most disadvantaged;
Amendment 155 #
2010/2307(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Emphasises that training placeinternships are an appropriate aid in making the right career choice at all stages of the process of choosing an occupation, but must not be allowed to replace regular jobs and must provide sufficient income and social protectionreminds the necessity to set out minimum standards for internships such as sufficient income and social protection as well as to ensure their educational value; reminds that internships must not replace actual jobs; stresses that a legally-binding European quality framework for traineeships must be introducis urgently needed and that the Commission should present an action plan with a timetable including an outline of how this quality framework would be implemented;
Amendment 179 #
2010/2307(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines the importance of promoting entrepreneurship and helping young people in starting their own business and of promoting and extending the Erasmus for Young Entrepreneurs programme; therefore recommends an EU information campaign, in education institutes, covering entrepreneurship, start-up capital, taxation on start-up business, and continuous training support;
Amendment 181 #
2010/2307(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Emphasises the importance of non- formal and informal learning and education for the development of young people; the gained competencies do not only offer opportunities for their entry into the world of work, but they are enabled to be actively involved in the society and to take responsibility of their lives;
Amendment 183 #
2010/2307(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Emphasises the importance of youth to be included not only in the labour market and the economy, but also in the shaping and governing of the future of Europe; ask the Commission to come up with a Green Paper on Youth Participation;
Amendment 185 #
2010/2307(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
Amendment 3 #
2010/2289(INI)
Motion for a resolution
Recital A
Recital A
A. whereas relaunching the Single Market requires the active support of all citizens, European institutions, Member States and stakeholders,
Amendment 6 #
2010/2289(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas a Single Market Act can have a sense only if its connected with the purpose of shifting the EU economy towards more sustainable and solidarity- based patterns
Amendment 7 #
2010/2289(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas it is important that the Single Market Act does not consist of a series of measures isolated from each other, and that all proposals must participate together in the achievement of a coherent objective
Amendment 8 #
2010/2289(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 9 #
2010/2289(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’ and especially its third chapter; considers that the three chapters of the Communication are equally important and interconnected, and should be dealt with in a consistent approach without isolating the different issues at stake from each other ;
Amendment 11 #
2010/2289(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that good governance is crucial to achieve the economic and social objectives of the single market, including free movement of workers and pensionerpersons, as well as the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion and a high level of education and training;
Amendment 12 #
2010/2289(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises in particular the Commission's commitment, in this Communication, to promote new approaches towards sustainable development,
Amendment 14 #
2010/2289(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the importance of the Single Market and emphasises that it should be reconciled with citizens concerns ; welcomes the holistic approach used in the Communication;
Amendment 19 #
2010/2289(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that good governance is crucial to achieve the economic and social objectives of the single market, including free movement of persons, as well as the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion and a high level of education and training;
Amendment 27 #
2010/2289(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Believes that the mutual evaluation process set out in the services directive cannot be seen as a model because it concentrates on technical aspects regarding how the directive is implemented and transposed in the Member States instead of providing a political impact assessment; believes that all single market legislation should be evaluated in a multi-dimensional way (real effects on the economy, the quality of products and services and social and societal consequences) concerning first and foremost existing legislation on the liberalisation of services of general interest, for instance in postal, transport and energy services;
Amendment 30 #
2010/2289(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the intention of the Commission to increase consultation and dialogue with civil society; notes that these consultations should take account of the new, special role of local and regional authorities, since it is they that transpose the EU rules; regards as inappropriate, therefore, the list of consultation partners in the Commission’s proposal, which mentions local authorities last (COM(2010) 608, Proposal 48); calls on the Commission to upgrade the role of local and regional authorities accordingly in line with the Lisbon Treaty;
Amendment 41 #
2010/2289(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the use of regulations instead of directives where appropriate could contribute to a clearer regulatory environment and reduce the transaction costs associated with transposition; calls on the Commission to develop a more targeted approach to choosing legislative instruments, depending on the legal and substantial characteristics of the provisions to be implemented by respecting the principle of subsidiarity and proportionality;
Amendment 53 #
2010/2289(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the proposals of the Single Market Act that aim at developing further administrative cooperation between the Member States, including extending the Internal Market Information System to other legislative areas, where appropriate;
Amendment 58 #
2010/2289(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Regards it as necessary to include local and regional authorities in the development and expansion of the Internal Market Information System in order to avoid unnecessary red tape and excessive burdens at local level;
Amendment 86 #
2010/2289(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. asks the Commission to better inform in a transparent manner about ongoing infringement procedures
Amendment 95 #
2010/2289(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Regrets the lack of concrete proposals on the collective redress mechanism
Amendment 100 #
2010/2289(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. HighlightsBelieves that the mutual evaluation provided forcess set out in the Sservices Ddirective as an innovative way of using peer pressure to improve the quality of transposition; supports where appropriate using mutual evalucannot be seen as a model. Believes that all single market legislations should be evaluated in a multi-dimensional way (real effects on the economy, the quality of products and services and social and societal consequences) concerning first and foremost the existing legislation is on other areas, e.g. in the area of free movement of goods; liberalisations of services of general interest, for instance in postal, transport and energy services
Amendment 4 #
2010/2278(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that the internal market needs to be corrected in order to provide services of general economic interest (SGEI) within a framework of universal access, high quality and affordability; takes the view that the Commission's proposal is not sufficient, and regrets that it does not make reference to any legislative proposal, except in respect of concessions and public procurement; calls on the Commission to ensure that citizens throughout the EU can benefit from high-quality services of general interest; notes that the Single Market Act initiative includes a commitment to bring forward, in 2011, a set of measures relating to services of general interest; expects those proposals to reflect the provisions of Article 14 of the Treaty on the Functioning of the European Union and its Protocol No 26;
Amendment 10 #
2010/2278(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 a. Underlines that "Putting citizens at the heart of the Single Market" will remain wishful thinking if it is only an instrumental strategy to convince people that the single market is good for them; takes the view that more resolute actions must be taken to preserve and enhance the solidarity-based European model;
Amendment 14 #
2010/2278(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is disappointed at the absence of any proposals on social services; takes the view that these proposals are a long way from the quality framework promised by Mr Barroso; calls on the Commission to urgently deliver on both the quality framework and the related proposals;
Amendment 14 #
2010/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Single Market contains diverse forms of enterprises, including social economy enterprises (including cooperatives, mutual societies, associations and foundations), and whereas enterprises in the Single Market, and the social economy enterprises in particular, pursue not only economic interests, but also contribute to society beyond economic activity;
Amendment 19 #
2010/2278(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to introduce urgently clear-cut legislation which defines social services of general interest (SSGI) on the basis of fundamental rights rather than economic prospects, strengthens the principles of subsidiarity and local self- government and excludes SSGI from the application of market rules; points to the long ongoing stakeholder dialogue on this matter and calls on the Commission to finally move to action;
Amendment 21 #
2010/2278(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to encourage and support the supply of social services of general interest by the social economy enterprises;
Amendment 25 #
2010/2278(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Asks for the inclusion of a binding social clause in all relevant sSingle mMarket legislation, with a view to ensuring that competition rules respectdo not overrule fundamental rights and protecting and upholding of all fundamental rights including the right to collective action and the right to strike in the context of the four freedoms; demandcalls on the ECJ to assess the establishment of a special social chamber of the ECJ, with judges specialising in labour and social law; calls on the ECJ to make its procedures more transparent, especially in regard to the appointment of judges and the distribution of cases; points to the fact that in order to ensure that the rights of the Charter of Fundamental Rights are respected, it is necessary to analyse the social impact not only of all proposed legislation, but also of the already adopted legislation;
Amendment 30 #
2010/2278(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas a Single Market Act can have a sense only if its connected with the purpose of shifting the EU economy towards more sustainable and solidarity- based patterns,
Amendment 31 #
2010/2278(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas it is important that the Single Market Act does not consist of a series of measures isolated from each other, and that all proposals must participate together in the achievement of a coherent objective,
Amendment 32 #
2010/2278(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas public authorities must be re- established in their democratic, legitimate role of regulation and re-orientation of our economy,
Amendment 40 #
2010/2278(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a targeted revision of the Posting of Workers Directive (96/71/EC1 ) 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 at the same workplace rather than simply referring to minimum rates; calls for all relevant legislation to respect that labour standards are defined in relation to the place of work;
Amendment 42 #
2010/2278(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’, and specifically Chapter II, ‘Restoring confidence by putting Europeans at the heart of the Single Market’, containing 19 initiatives oriented to European citizens; ; considers that the three chapters of the Communication are equally important and interconnected, and should be dealt with in a consistent approach without isolating the different issues at stake from each other;
Amendment 43 #
2010/2278(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 b. Calls for the Commission to launch an extended examination of the phenomenon “social dumping” in pay and working conditions within the internal market; underlines that the social partners and the national labour inspection authorities must play a crucial role in this examination; expects the Commission to propose new legal actions or additional implementation measures if appropriate;
Amendment 43 #
2010/2278(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises in particular the Commission’s commitment, in this Communication, to promote new approaches towards sustainable development;
Amendment 44 #
2010/2278(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the importance of the Single Market and emphasises that it should be reconciled with citizens concerns; welcomes the holistic approach used in the Communication;
Amendment 46 #
2010/2278(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that efforts to achieve the Single Market need to concentrate on the concerns and rights of citizens, consumers, public service users and SMEs in order to overcome the current ‘European fatigue’; Underlines that "Putting citizens at the heart of the single market" will remain wishful thinking if it is only an instrumental strategy to convince people that the single market is good for them. More resolute actions must be taken to preserve and enhance the solidarity-based European model;
Amendment 47 #
2010/2278(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that any reform of second-pillar pension systems should be aimed at reinforcing and complementing the first pillar, which guarantees adequate pensions; reminds the Commission that many Member States have a well-functioning first-pillar system in place; urges the Commission to take note of this and to use these examples as benchmarks across the EU; underlines that the economic crisis, the demographic change and the problems encountered by mobile workers must not be used as a pretext to put in question the primacy and importance of the first pillar of pension rights, especially as regards poverty prevention;
Amendment 62 #
2010/2278(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 b. Welcomes the “Youth on the move card” in order to improve young people’s studying, training and employment conditions abroad; points to the fact that this initiative is by no means sufficient to combat the alarming level of youth unemployment in Europe;
Amendment 63 #
2010/2278(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the Communication’s proposals are still too weak to put citizens at the heart of the Single Market, and the proliferating number of EU initiatives without clear prioritisation or clear links with relevant existing initiatives creates a need for consistency and good governance to ensure the coherence of European integration measures;
Amendment 65 #
2010/2278(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the proposals supporting the innovative potential of the social economy; draws attention to the part of the social economy involving cooperatives, mutual societies, associations and foundations, which plays an especially valuable role in creating sustainable employment and growth and combating poverty and exclusion; calls for measures to set up distinct European statutes for foundations, mutual societies and associations to prevent legal uncertainty, facilitate cross-border operations and to ensure that such socially oriented and innovative enterprises are able to make the most of their economic and social potential in the Single Market;
Amendment 67 #
2010/2278(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Asks for the social economy to be integrated more fully in the national action plans developed under the auspices of the WTO in the field of social inclusion, and for greater promotion of the social economy through structural funding and social innovation programmes; welcomes the identification of social economy enterprises as part of the resources for the social market economy and calls for measures to improve their cross-border access and to maximise their entrepreneurial and employment potential in the Single Market;
Amendment 69 #
2010/2278(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 b. Welcomes the Commission's proposal on a consultation regarding the Statute for a European Cooperative Society in order to make it more attractive for entrepreneurs;
Amendment 69 #
2010/2278(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the priorities set out in the 19 proposals in accordance with five criteriasix priorities – basic social rights, consumer rights, free movement of workerspeople, free movement of goods and, socially oriented corporate institutions and social services of general interest, which should all be taken in the context of the fight against climate change and the need for long term economic, environmental and social sustainability – to provide tangible sustainable benefits for citizens and enterprises in a feasible period of time;
Amendment 70 #
2010/2278(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 c. Considers that the Social Business Initiative will be most effective if based on clear, precise definitions and focussing on enterprises of the social economy, i.e. enterprises, which a) give primacy to the individual and the social objective in relation to capital, b) offer voluntary and open membership, c) practice and encourage democratic control by the membership, c) combine the interests of members/users and/or the general interest, d) defend and apply the principle of solidarity and responsibility, e) are managed autonomously, f) use surpluses to carry out sustainable development objectives or to provide services of interest to their members or services of general interest (SGI);
Amendment 71 #
2010/2278(INI)
Draft opinion
Paragraph 10 c (new)
Paragraph 10 c (new)
10 d. Recalls that, in its resolution on the social economy, the European Parliament demanded better recognition for social economy enterprises, including generalised integration of the concept in EU policies, intensified dialogue with social economy representatives, better business support and recognition in social dialogue; recalls that in the same Resolution, the European Parliament has demanded national registers to take social economy enterprises into account and has demanded specific statistics on the activity social economy enterprises;
Amendment 72 #
2010/2278(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that in its resolution on social economy, the European Parliament has demanded better recognition for social economy enterprises, including generalised integration of the concept in EU policies, intensified dialogue with social economy representatives, better business support and recognition in social dialogue; recalls that in the same resolution, the European Parliament has demanded national registers to take social economy enterprises into account and has demanded specific statistics on the activity social economy enterprises;
Amendment 83 #
2010/2278(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists on the need to insert a ‘horizontal social clause’ in all Single Market legislation so, with a view to ensuring competition rules do not overrule fundamental rights and protect and uphold all fundamental rights and to ensure that policy is developed centring on citizens’ basic social rights: (a) the right to take collective action, (b) workers’ rights and labour law, and (c) employment protection, anticipating the planning of industrial restructuring in accordance with Article 9 of the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights; Believes that all single market legislations should be evaluated in a multi- dimensional way (real effects on the economy, the quality of products and services and social and societal consequences) concerning first and foremost the existing legislations on the liberalisations of services of general interest, for instance in postal, transport and energy services. Points to the fact that in order to ensure that the rights of the Charter of Fundamental Rights are respected, it is necessary to analyse the social impact not only of all proposed legislation, but also of the already adopted legislation
Amendment 90 #
2010/2278(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 103 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.3
Paragraph 7 – point 7.3
7.3. a framework directivelegislative framework on services of general economic interest in accordance with Article 14 and Protocol 26 of the Treaty;
Amendment 105 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.4
Paragraph 7 – point 7.4
7.4. a new regulationrevision of the Directive on the recognition of professional qualifications, on improving human resources mobility, and on providing equal access and opportunities for citizens;
Amendment 108 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.5
Paragraph 7 – point 7.5
7.5. immediate action on a single mortgage market, to help the recovery of the housing market and European citizens’ confidence in the relevant financial instrumentsappropriate regulation and supervision ensuring responsible mortgage lending and borrowing;
Amendment 111 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.6
Paragraph 7 – point 7.6
7.6. an appropriate EU-cofinanced trans- European transport and energy network, including inter alia, promotion of interoperability and intermodality in the transport sector, and of renewable sources of energy, as a form of social and territorial inclusion for European citizens and economies;
Amendment 113 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.6 a (new)
Paragraph 7 – point 7.6 a (new)
7.6a. A Commission communication on the rights of passengers for all means of transport, to be followed by legislative proposals;
Amendment 114 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.7
Paragraph 7 – point 7.7
7.7. effective regulation of market surveillance and product safety, to reinforce consumer protection; to this end, the Commission should draw up a multiannual action plan for the development of European market surveillance, as well as guidelines for customs controls for product safety; urges the Commission to establish a single market surveillance system for all products, based on one legislative act covering both the GPSD and the Market Surveillance Regulation; this new legislative act should be created to reach a high level of product safety and market surveillance, clarifying the legal base and taking into account the provisions more developed in the two existing legislative acts;
Amendment 116 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.7 a (new)
Paragraph 7 – point 7.7 a (new)
7.7a. Welcomes the ‘Youth on the move card’ in order to improve young people’s studying, training and employment conditions abroad; Points to the fact that this initiative is not at all sufficient to combat the alarming youth unemployment in Europe;
Amendment 117 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.7 b (new)
Paragraph 7 – point 7.7 b (new)
7.7b. Welcomes the Commission’s proposal on a consultation regarding the Statute for a European Cooperative Society in order to make it more attractive for social entrepreneurs;
Amendment 118 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.7 c (new)
Paragraph 7 – point 7.7 c (new)
7.7c. Legislative initiatives on access to basic banking services and the Commission to call upon the banking sector to submit an initiative aimed at improving the transparency and comparability of bank charges by the end of 2011;
Amendment 124 #
2010/2278(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that any reform of second- pillar pension systems should be aimed at reinforcing and complementing the first pillar, which guarantees adequate pensions; reminds the Commission that many Member States have a well- functioning first-pillar system in place; urges the Commission to take note of this and to use these examples as benchmarks across the EU; Underlines that the economic crisis, the demographic change and the problems encountered by mobile workers must not be used as a pretext to put in question the primacy and importance of the 1st pillar of pension rights, especially as regards poverty prevention;
Amendment 125 #
2010/2278(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Considers that the Social Business Initiative will be most effective when based on clear, precise definitions and focussing on enterprises of the social economy, i.e. enterprises, which a) give primacy of the individual and the social objective over capital, b) offer voluntary and open membership, c) practice and encourage democratic control by the membership, d) combine the interests of members/users and/or the general interest, e) defend and apply the principle of solidarity and responsibility, f) are managed autonomously , g) of which surpluses are used to carry out sustainable development objectives or to provide services of interest to members or of the general interest;
Amendment 151 #
2010/2278(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the proposals supporting the innovative potential of the social economy; draws attention to the part of the social economy involving cooperatives, mutual societies, associations and foundations, which plays an especially valuable role in creating sustainable employment and growth and combating poverty and exclusion; Calls for measures to set up a legal frameworks and distinct European statutes for foundations, cooperatives and mutual associations, to prevent legal uncertainty and to ensure there are socially oriented corporate institution, facilitate cross-border operations and to ensure that not only can such socially oriented innovative enterprises are able to make the most of their economic and social potential in the single market but also that there are socially oriented corporate enterprises and socially innovative corporate projects in the area of services of general interest;
Amendment 157 #
2010/2278(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 159 #
2010/2278(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses the importance of using public procurement to support employment, social progress, sustainable development and innovation; urges the Commission to facilitate access to public procurement for SMEs, social economy enterprises and Fair Trade;
Amendment 179 #
2010/2278(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the programme does not sufficiently analyse the causes of market fatigue, the impact of liberalisation and market mechanisms on public services in terms of costs, affordability, quality, accessibility irrespective of age, disability, gender, ethnic origins and religion, or the expectations of Europe’s citizens from a revived Single Market;
Amendment 188 #
2010/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to propose legislation to ensure that citizens throughout the EU can benefit from high- quality services of general interest; notes that the SMA initiative includes a commitment to bring forward, in 2011, a set of measures relating to services of general interest; expects those proposals to reflect the provisions of Article 14 of the Treaty on the Functioning of the European Union and its Protocol No 26;
Amendment 190 #
2010/2278(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that the Communication does not sufficiently stress the importance of social services and does not recognise the specificities of SSGI within SGI; considers this ie proposals far from the quality framework promised by the Commission President; and included in the Commission work programme; calls on the Commission to urgently deliver on both the quality framework and the related proposals;
Amendment 203 #
2010/2278(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the lack of a Digital Single Market, and calls for the democratisation of broadband access and for continuous review of the Regulation on the telecoms sector ensuring privacy, data protection, and the protection of vulnerable groups;
Amendment 207 #
2010/2278(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to introduce urgently clear-cut legislation which defines SSGI on the basis of fundamental rights rather than economic prospects, strengthens the principles of subsidiarity and local self-government and excludes SSGI from the application of market rules; points to the long ongoing stakeholder dialogue on this matter and calls on the Commission to finally move to action;
Amendment 210 #
2010/2278(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Emphasises the lack of clarity in the area of socially responsible public procurement, and draws attention to the changes in the legal framework brought about by the Lisbon Treaty and the Charter of Fundamental Rights, and looks to the Commission to implement the relevant provisions in an appropriate manner;
Amendment 228 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point a
Paragraph 17 – point a
(a) to enhance European market surveillance, improve access to basic banking services, create a single integrated mortgage market and remove tax obstacles and double taxation;
Amendment 233 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point -1 (new)
Paragraph 17 – point -1 (new)
(-1) Calls for a targeted revision of the Posting of Workers Directive (96/71/EC1) 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 at the same workplace rather than simply referring to minimum rates; calls for all relevant legislation to respect that labour standards are defined in relation to the place of work;
Amendment 234 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point a a (new)
Paragraph 17 – point a a (new)
(aa) Calls for the Commission to launch an extended examination of the phenomenon “social dumping” in pay and working conditions within the Internal Marked; Underlines that the social partners and the national labour inspection authorities must play a crucial role in this examination; Expects the Commission to propose new legal actions or additional implementation measures if appropriate;
Amendment 248 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point c
Paragraph 17 – point c
(c) to devise an action plan which is proportionate and has public support whilst respecting fundamental rights against counterfeiting and piracy as a major preventive tool, in order to ensure that goods circulating in the Single Market are safe to consume, of the appropriate standard and legal;
Amendment 262 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point e
Paragraph 17 – point e
(e) to introduce a system of benchmarks, based on the horizontal social clause, to assess the relevance and added value of all Single Market measures in terms of their social impact, tangibility and feasibility ex ante and ex post, involving relevant stakeholders, including civil society organisations;
Amendment 263 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point e a (new)
Paragraph 17 – point e a (new)
(ea) to encourage and support the supply of social services of general interest by social economy enterprises;
Amendment 264 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point e b (new)
Paragraph 17 – point e b (new)
(eb) Legislative initiatives on universal access to basic banking services for all EU citizens and the Commission to propose initiatives aimed at improving the transparency and comparability of bank charges by the end of 2011;.
Amendment 265 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point e c (new)
Paragraph 17 – point e c (new)
(ec) measures to stabilise financial markets and protect consumers through appropriate regulation and supervision ensuring responsible mortgage lending and borrowing. This necessitates rendering the marketing of mortgage products accurate, fair, clear and not misleading. There is also a need for stronger rules on the assessment of credit worthiness and suitability, as well as more generally on credit intermediaries;
Amendment 1 #
2010/2277(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. whereas the Single Market contains diverse forms of enterprises, including social economy enterprises (including cooperatives, mutual societies, associations and foundations), and whereas enterprises in the Single Market, and the social economy enterprises in particular, pursue not only economic interests but also contribute to society beyond economic activity,
Amendment 2 #
2010/2277(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas, among the enterprises in the Single Market, enterprises of the social economy (including cooperatives, mutual societies, associations and foundations), have proven to be particularly resilient in times of economic crisis and thus contribute to sustainable employment and growth,
Amendment 2 #
2010/2277(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to the Communication of the Commission on a Green Paper on Public Procurement [COM(2011)0015]
Amendment 3 #
2010/2277(INI)
Motion for a resolution
Citation 24 b (new)
Citation 24 b (new)
Amendment 4 #
2010/2277(INI)
Motion for a resolution
Recital A
Recital A
A. whereas it is important to restore confidence in the Single Market at all levels and to eliminate, to reconcile the EU economy with the concerns expressed by citizens and not only to eliminate, where appropriate, existing barriers to enterprises entering business; whereas unjustified high administrative burdens discourage new entrepreneurs, whereas adhesion of citizens to a well-functioning and integrated internal market is only possible in so far as it contributes to secure access to basic services for all
Amendment 8 #
2010/2277(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas a Single Market Act can have a sense only if its connected with the purpose of shifting the EU economy towards more sustainable and solidarity- based patterns
Amendment 9 #
2010/2277(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas it is important that the Single Market Act does not consist of a series of measures isolated from each other, and that all proposals must participate together in the achievement of a coherent objective
Amendment 10 #
2010/2277(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Regrets that the Single Market legislation does not fully recognise the diversity of forms of entrepreneurship - including social economy enterprises (cooperatives, associations, mutual societies and foundations), which have proven to be particularly resilient in times of crisis, and calls on the Commission to improve this;
Amendment 10 #
2010/2277(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 13 #
2010/2277(INI)
Motion for a resolution
Recital D
Recital D
D. whereas lack of innovation in the EU is a key factor for the low growth rates in recent years; whereas enterprises should be actively encouraged in the direction of green technology innovation, which provides an opportunity to reconcile long-term growth and environmental protectionspeed up the shift towards a more sustainable economy and to reconcile long-term growth and environmental protection ; whereas, for this purpose, social, environmental and consumer protection standards must be fully respected,
Amendment 15 #
2010/2277(INI)
Motion for a resolution
Recital F
Recital F
F. whereas venture capital is an important source of finance for new innovative businesses; whe, but requireas there are barriers for venture capital funds wanting to invea strong regulation in order to protect investors and orientate the funds towards sust ain different EU Member Stateable projects,
Amendment 18 #
2010/2277(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the postal sector andit is essential to guarantee universal access to high-quality postal services ; whereas the promotion of interoperability and cooperation among postal systems and services can have a significant impact on the development of cross-border e- commerce,
Amendment 19 #
2010/2277(INI)
Motion for a resolution
Recital J
Recital J
J. whereas sub-optimal electronic management of copyrights leads to a high level of fragmentation in the market for audiovisual products which is detrimental to EU businesses; whereas both businesses and consumers would benefit from the creation of a genuine Single Market for audiovisual products as long as the fundamental rights of internet users are fully respected,
Amendment 21 #
2010/2277(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that one of the main problems for SMEs in times of economic downturn is their access to finance; strongly supports the proposal for an action plan to improve SMEs‘ access to capital markets; recommends the creation of intermediary agencies in order to assemble the financial needs of innovative and sustainable projects, in particular for services of general economic interest (SGEI) and hence to facilitate their access to financial markets under better conditions;
Amendment 21 #
2010/2277(INI)
Motion for a resolution
Recital K
Recital K
K. whereas counterfeiting and piracy reduces business confidence in e-commerce and fuel the fragmentation of intellectual property protection rules, which stifles innovation in the Single Market,
Amendment 23 #
2010/2277(INI)
Motion for a resolution
Recital L
Recital L
L. whereas differences in fiscal provisions, such as corporate taxation and reporting obligations for VAT, result in significant obstacles to cross-border transactions; whereas these barriers can be removed without harmonizing tax rate coordination of national tax policies as proposed by Mario Monti in his report would bring a valuable added- value to enterprises and citizens,
Amendment 26 #
2010/2277(INI)
Motion for a resolution
Recital M
Recital M
M. whereas cross-border procurement accounts for a low share of the whole public procurement market, despite being an opportunity for EU firms; whereas SMEs still have limited access to public procurement markets ; whereas the inclusion of environmental, social and innovative criteria in public authorities' calls for tender should be encouraged,
Amendment 28 #
2010/2277(INI)
Motion for a resolution
Recital N
Recital N
N. whereas services are accountable for a significant part of our economic growth; whereas the Single Market for services is still underdeveloped due to gaps and late implementation of the Services Directivere should be a thorough assessment of the impact of the Services Directive on the quality of services and on the possibility for public authorities to impose public interest requirements to services providers,
Amendment 34 #
2010/2277(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’ and especially its first; considers that the three chapters on ‘Strong, sustainable and equitable growth for business’f the Communication are equally important and interconnected, and should be dealt with in a consistent approach without isolating the different issues at stake from each other ;
Amendment 37 #
2010/2277(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises in particular the Commission's commitment, in this Communication, to promote new approaches towards sustainable development,
Amendment 38 #
2010/2277(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the review of the Accounting Directives seeking to further simplify financial reporting obligations and to reduce administrative burdens, especially for SMEs; with a view to the current financial crisis, underlines that a simplification of financial reporting obligations must not allow for unhealthy deregulation; demands that a reduction of the administrative burden must not reduce protection of workers, i.e. by lowering occupational health and safety obligations;
Amendment 40 #
2010/2277(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of the Single Market for the competitiveness of EU enterprises and for the growth of European economies, andand emphasises that it should be reconciled with citizens concerns ; welcomes the holistic approach used in the Communication;
Amendment 42 #
2010/2277(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the importance of using public procurement rules to support employment, social progress and sustainable development; urges the Commission to facilitate access to public procurement for SMEs, social economy enterprises and Fair Trade;
Amendment 48 #
2010/2277(INI)
Motion for a resolution
Subheading 2
Subheading 2
I. Priority Area 1: Anboosting innovative Single Marketon in the EU market to speed up the shift towards a more sustainable economy and thus creating new jobs in green technology areas
Amendment 50 #
2010/2277(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly supports the creation of an EU patent and of a unified patent litigation system in order to make the Single Market an innovation-friendly environment; stresses that the cost burden of multilingual patents would hinder innovation Welcomes the political will to create an SME friendly EU-wide patent system and recommends seizing this opportunity to tailor patents for innovation; recalls the issue of patent accessibility and scope which should be clearly defined in order to avoid expensive litigation; requests an economic impact study of the current patent system and the Unitary Patent system project on SMEs; recalls the social contract underlying the patent system which was established for the benefit of society, and that it should foster dissemination of innovation and not be misused to deter competition; deplores the behaviour of patent trolls which acquire patent portfolios with the sole aim of generating profit through enforcement and not as an incentive to promote innovation; recommends maximising the Single Market; advantages of the IPR system by encouraging the establishment of innovation clusters and patent pools or common patent platforms,
Amendment 57 #
2010/2277(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the importance of putting public procurement to better use in support of employment, social progress and innovation; urges the Commission to undertake initiatives to open up and facilitate access to public procurement for SMEs; calls on the Commission to further encourage the use of social and environmental clauses in public procurement; strongly supports to simplify and update the European rules to make the award of contracts more accessible, especially to those currently under-represented such as SME or the Social Economy.
Amendment 58 #
2010/2277(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports an initiative on an ecologic footprint of products and calls on the Commission to propose the establishment of a real common assessment and labelling system;
Amendment 59 #
2010/2277(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Urges the Commission to come up as soon as possible with an energy efficiency plan to improve energy savings;
Amendment 60 #
2010/2277(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers that the White Paper on transport policy should focus on proposals to enhance sustainable transport modes, including intermodality;
Amendment 61 #
2010/2277(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Encourages the Commission to propose a new legal framework for standardisation
Amendment 62 #
2010/2277(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Strongly favours the proposal for EU project bonds to finance European projects and considers that this is an urgent task for Europe with regard to strategic investments and job creation, which means that it is not enough to “consider encouraging” them, as mentioned in the Communication; calls on the Commission to come forward with a concrete proposal on EU project bonds;
Amendment 64 #
2010/2277(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the creation of EU project bonds in order to support long-term innovation in the Single Market; , including services infrastructures projects in transports, energy and telecommunications, stresses that project bonds would also necessarily need to serve the purpose of the ecological transformation of our economies. and calls on the Commission to come up as soon as possible with concrete proposals in this regard
Amendment 65 #
2010/2277(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Considers the coordination of tax policies to be one of the biggest added value measures proposed by Mario Monti in his report to the Commission; therefore welcomes the initiative on a directive on a common consolidated corporate tax base in order to put an end to unhealthy tax competition between Member States having damaging impact on employment and public finances;
Amendment 66 #
2010/2277(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Underlines the importance of removing legislative barriers to cross- border activities; calls on the Commission to create a ‘level playing field’ to all forms of enterprises within the Single Market by taking the necessary steps to introduce proposals for European statutes for associations, mutual societies and foundations: to propose a feasibility study and an impact assessment for the statutes for associations and mutual societies, and to complete the impact assessment for the statute for foundations in due course;
Amendment 69 #
2010/2277(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to promote cross-border investment and to set up a legislative framework to allowregulate venture capital funds to be invested freely within the Single Market, irrespective of the Member State of originin order to protect investors and orientate these funds towards sustainable projects;
Amendment 78 #
2010/2277(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges the importance of public procurement, especially pre-commercial procurement, and the role it plays in stimulating innovation in the Single Market; encourages Member States to make use of pre-commercial procurement to give a decisive initial push to new markets for innovative and green technologies while improving the quality and effectiveness of public services; calls on the Commission and Member States to better communicate the existing possibilities for pre-commercial procurement to public authorities; calls on the Commission to explore how cross- border joint procurement can be facilitated; deplores the lack of legal clarity on the inclusion of social considerations in public procurement
Amendment 89 #
2010/2277(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission's proposed revision of the e-Signatures Directive; emphasizes the need for mutual recognition of e-identification and e-authentication across the EU and asks the Commission to tackle in this regard in particular the discrimination problems against recipients of services because their nationality or place of residence;
Amendment 95 #
2010/2277(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to take the appropriate measures to enhance the confidence of businesses and citizens in e- commerce, namely by harmonizing contract law where possible and by facilitating cross-border debt recoveryguaranteeing high- level consumer protection in this field and harmonizing contract law where possible;
Amendment 111 #
2010/2277(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges the Member States to guarantee universal access to high-quality postal services and to promote interoperability and cooperation among postal systems and services
Amendment 113 #
2010/2277(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to create a Single Market for online audiovisual goods by improving the electronic management of copyrights by guaranteeing the fundamental rights of internet users while ensuring that rightholders receive adequate remuneration for their creative works;
Amendment 126 #
2010/2277(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out the need to strengthenconduct the fight against online piracy in a proportionate manner and with public support by making full use of the available technology while respecting fundamental rights;
Amendment 134 #
2010/2277(INI)
Motion for a resolution
Subheading 4
Subheading 4
III. Priority Area 3: A business-friendly Single MarketMobilising financial means and fiscal tools to support the transition towards a more sustainable economy
Amendment 152 #
2010/2277(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the importance of removing fiscal barriers to cross-border activities; considers that a clearer VAT framework and reporting obligations for businesses are needed to encourage sustainable production and consumption patterns, limit adaptation costs, combat VAT fraud and enhance the competitiveness of EU firms;
Amendment 157 #
2010/2277(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 161 #
2010/2277(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes the intention to revise the energy tax directive ; considers that the revision should be aimed at introducing a minimum EU level of CO2 taxation consistent with the EU ambitions regarding the fight against climate change and the need to encourage more efficient energy use;
Amendment 163 #
2010/2277(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. SWelcomes the proposals aimed at introducing a common consolidated tax base to make economic activity and taxation match; stresses that a common consolidated corporate tax base founded on the minimum harmonisation principle would increase the transparency and comparability of corporate tax rates, thus reducing the obstacles to cross-border activities; stresses the need for a better coordination of national tax policies in order to put an end to unhealthy tax competition between Member States having damaging impact on employment and public finances;
Amendment 170 #
2010/2277(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to make public procurement procedures more effective to encourage EU firms to participate in cross-border public procurement; stresses that the participation of SMEs in contract award procedures should be further facilitated; considers that reciprocity is needed in this field between the EU and the industrialised countries and major emerging partners, without hindering the capability of the public authorities, especially in the developing countries, to use public procurement for purposes of general interest ; expects therefore the Commission to provide figures and facts regarding the level of openness of public procurement both in the EU and in other industrialised countries, and to come up with a balanced legislative proposal to enhance symmetry in access to public procurement;
Amendment 175 #
2010/2277(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes the Commission's intention to review the public procurement rules in order to bring them into agreement with goals and policies of the EU to simplify the procedure, especially for small local and regional authorities and to allow SMEs greater access to public procurement
Amendment 183 #
2010/2277(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Criticises the proposal, made prior to this consultation, that new legal rules should be adopted for service concessions ; considers this proposal to be counterproductive in view of the "better regulation" initiative, as this can lead to a further fragmentation of the rules regarding public contracts, and increase the legal uncertainty
Amendment 191 #
2010/2277(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need for proper implementation of the Services Directive and foran in-depth evaluation of the impact of the Services Directive on the quality of services and on the possibility for public authorities to impose public interest requirements to services providers ; emphasises the need to improve the possibility to complete procedures online which could considerably reduce operational costs for enterprises; urges the Commission to put a special emphasis on the development of the Single Market for online services;
Amendment 201 #
2010/2277(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recommends the creation of intermediary agencies in order to assemble the financial needs of innovative and sustainable projects (in particular for SGEI) and hence to facilitate their access to financial markets in better conditions
Amendment 207 #
2010/2277(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Invites the Commission toRecalls the Report of the Committee on the Internal Market and Consumer Protection (A7-0151/2010) on New Developments on Public Procurement ; accordingly, insists that any proposeal for a legal framework foract dealing with services concessions that would ensure transparency, effective judicial protection for bidders and legal certaintybe justified only with a view to remedying distortions in the functioning of the internal market, and points out that such distortions have not hitherto been identified, and that a legal act on service concessions is therefore unnecessary as long as it is not geared to an identifiable improvement in the functioning of the internal market;
Amendment 220 #
2010/2277(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 1 #
2010/2273(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the International Labour Organisation's Core Labour Standards,
Amendment 24 #
2010/2273(INI)
Motion for a resolution
Recital F
Recital F
(F) whereas these barriers and restrictions infringe a fundamental right of workers, make the recovery of the EU economies more difficult and can lead to counterproductive effects, such as more illegal work, an expansion of the black economy and worker exploitation, whereas workers exercising their right to free movement remain at a higher risk of exploitation, whereas abuse may happen especially by using false self-employment, subcontracting, letter-box companies and agency work, whereas the rights of the individual should guide free movement policies,
Amendment 25 #
2010/2273(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
(Fa) whereas discrimination on the ground of sexual orientation is forbidden under Article 21 of the Charter of Fundamental Rights,
Amendment 26 #
2010/2273(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Points out that the free movement of persons is a fundamental freedom of the European Union, stresses that existing barriers still hinder the full use of this fundamental right, points to the need of a rights-based EU approach to free movement of workers that stresses the principle of equal treatment in all dimensions;
Amendment 42 #
2010/2273(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to ensure that member states apply the 'Brussels I'- regulation (Council Regulation (EC) No 44/2001) regarding jurisdiction recognition and enforcement of judgements in civil and commercial matters; calls on the Commission to launch infringement in the case of non- compliance; stresses the importance of the 'Brussels I'-regulation in regard to sanctions and fines for exploitation of workers;
Amendment 43 #
2010/2273(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to ensure that Member States fulfil their obligation under Article 21 of the Charter of Fundamental Rights and Directive 2004/38/EC to recognise same-sex married or in civil partnership couples who are moving to another Member State and to launch infringement procedures against non-compliant Member States;
Amendment 67 #
2010/2273(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to tackle the issue of false self-employment among mobile workers by assessing the status of a worker based on the de facto situation at the time and place of work, stresses the need to give these workers access to rights and protection;
Amendment 68 #
2010/2273(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on Commission and Member States to combat xenophobia against workers from abroad by providing the means for integration and information and to promote understanding, cultural diversity and respect in Member States hosting mobile workers;
Amendment 69 #
2010/2273(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses that mobile workers might not be aware of their rights as regards social, education and health services, stresses the importance of these services for integration and participation; calls on Member States to encourage equal treatment and awareness of these rights instead of restricting access to those fundamental services,
Amendment 80 #
Amendment 86 #
2010/2273(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that only if free movement goes hand in hand with rights, it will benefit all actors; stresses that the key principle of equal pay for equal work at the same workplace may by no means be violated; stresses that rights will only be beneficial for all, if they are properly implemented and enforced
Amendment 88 #
2010/2273(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on public authorities and all stakeholders to do their utmost to increase the level of awareness among workers of their rights and the various instruments (labour law, collective agreements, codes of conduct, social security provisions) that regulate their employment relationship as well as their working and living conditions;
Amendment 90 #
2010/2273(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Deplores the decrease in labour inspection across the EU; stresses that efficient controls are an essential element to guarantee equal treatment and a level playing field; calls on the Member States to increase labour inspection and give labour inspections sufficient resources; calls on the Commission to improve cooperation and coordination of labour inspections;
Amendment 91 #
2010/2273(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Member States and the Commission to include group claims rights into any proposals affecting migrant workers, especially as regards the new legal instruments under the EU migration policy; stresses that group claims have become an essential tool to help the most vulnerable to claim their rights and combat abuse;
Amendment 92 #
2010/2273(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Expresses its concern for the growing amount of forced labour in the EU which in some areas has close links to organized crime; stresses the need to make forced labour a key priority in the activities of EUROPOL and EUROJUST; urges Member States to increase their joint efforts to control, prosecute and sanction forced labour and make sure that this is covered under criminal sanctions; stresses the need for measures that ensure the protection of victims of forced labour;
Amendment 97 #
2010/2273(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 98 #
2010/2273(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Demands that the Commission and the Member States refrain from imposing transitional measures to restrict the free movement of persons in the upcoming accession negotiations with Croatia;
Amendment 103 #
2010/2273(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to present a legislative proposal on joint and several liability, stresses the positive experiences with this instrument at national level as regards outstanding wage and social security contributions, stresses that this instrument has proven to be key in fighting criminal exploitation and therefore adds to creating a level-playing field;
Amendment 107 #
2010/2273(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Deplores Member State policies that actively encourage other EU citizens to leave that Member State; asks the Commission to verify whether such policies are infringing on the right to free movement;
Amendment 108 #
2010/2273(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Acknowledges and stresses the importance of public employment services, and in particular the EURES system and network, for promoting labour mobility across the EU by providing information on job vacancies, education and vocational training opportunities, working and living conditions; emphasises the special role played by social partners in advising employees in cross-border partnerships; stresses that EURES should remain a means of promoting fair mobility and therefore calls on the Commission to continue to provide financial resources to support the work of the social partners in border regions;
Amendment 117 #
2010/2273(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that information to EU workers about the benefits, rights and obligations deriving from labour mobility should be further improved; calls on the Commission to coordinate its action with national authorities and make better use of EURES and the SOLVIT online problem- solving network; calls on the Commission and the Member States to set up multilingual advisory agencies for posted workers and migrant workers, particularly in places where many of these workers are employed, just as advisory agencies for entrepreneurs have been set up as part of the implementation of the Services Directive;
Amendment 156 #
2010/2273(INI)
28. Takes the view that an insufficient knowledge of languages (in particular in the case of adults) remains an important obstacle for labour mobility; calls on the Member States to actively promote foreign language teaching and on the Commission to pursue its efforts in this area; stresses that linguistic research has confirmed, that profound knowledge of the mother language is essential to become fluent in additional languages; calls on Member States to respect the right to the mother language especially for migrant workers and their families;
Amendment 2 #
2010/2239(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the Commission proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) and Parliament's position thereon,
Amendment 3 #
2010/2239(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
- having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation,
Amendment 3 #
2010/2239(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that pensions have to be universal, adequate and sustainable. ; stresses the importance of first pillar pensions and the need to maintain their adequacy and the universal access to them; points to the fact that solidarity- based first pillar pension schemes are of utmost importance especially for the most vulnerable persons, such as those outside the labour market; calls on Member States to ensure that first pillar pensions are above the poverty line; points out that obstacles related to the 1st pillar mainly stem from implementation problems at Member States level and asks the Commission to come up with proposals in this regard;
Amendment 7 #
2010/2239(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that due to the different traditions and national set-up of pension systems the principle of subsidiarity has to be respected. ; stresses however that the EU must secure the portability of pensions and should establish the principles of what constitutes adequate and universal pensions, so as to establish joint standards and support a life in dignity for pensioners;
Amendment 9 #
2010/2239(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. reminding Member States that it is their duty to find solutions which ensure that pension systems deliver adequate incomes in old age in such a way as to guarantee everyone a decent life,
Amendment 17 #
2010/2239(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the EU should develop new indicators to monitor the impact of pension reform, especially on vulnerable groups of users;
Amendment 21 #
2010/2239(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls upon the Commission to submit concrete proposals for increasing transparency in relation to pension schemes.; considers that the investment role of pension funds in assisting the move to the sustainable, low-carbon and socially inclusive society envisaged in the 2020 should be considered;
Amendment 22 #
2010/2239(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the sustainability of pension systems in individual Member States is a matter of concern for the EU as a whole, since both old-age poverty and future public finance constraints affect the entire EU; whereas pension funds under the second and third pillars (occupational and private schemes) are invested across borders, and whereas pension funds are acquiring a greater influence over financial markets,
Amendment 22 #
2010/2239(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of sound financial education from an early stage
Amendment 25 #
2010/2239(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the trend towards supplementary pensions constitutes a risk for people with temporary or part-time contracts who do not build up sufficient pension rights; whereas the EU should play a leading role in preventing age discrimination on the labour market and defending the pension rights of workers with atypical contracts or who have had breaks in their careers,
Amendment 26 #
2010/2239(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that EU should not only improve all pension rights of mobile workers but also ensure that they have access to reliable data to make an informed decision before moving cross- border; calls for the right to information of individuals concerning in which countries, sectors and products pension funds invest their assets;
Amendment 31 #
2010/2239(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises that to meet citizen's expectations as regards the Union's internal market, ideally all pension rights should be portable within the EU; considers that currently only statutory and occupational pensions are portable in theory;
Amendment 35 #
2010/2239(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls upon the Commission to further examine the obstacles to portability, such as accounting standards and fiscal barriers, in order to submit proposals to remove these, accompanied with appropriate supervision measures.; stresses that the EU has a special role to play in the cross- border mobility of pensions as free movement of workers is a core element of EU policy;
Amendment 36 #
2010/2239(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers therefore that if the European Union and the Member States have the best interest to increase workers’ mobility, obstacles to internal and cross- border mobility must be removed and issues such as lack of transferability, long vesting periods, preservation of dormant rights, non-regression and differences in tax treatment and actuarial principles must be addressed;
Amendment 40 #
2010/2239(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Acknowledges that for individuall pension insurances (third pillar)schemes being offered across borders, regardless whether they are related to the 1st, 2nd or 3rd pillar, obstacles remain. Requests suggestions from the Commission for overcoming these, especially for the 2nd and 3rd pillars.
Amendment 54 #
2010/2239(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that Member States face enormous challenges in ensuring that pensions meet citizens‘’ expectations and are universal, adequate and sustainable;
Amendment 65 #
2010/2239(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that sound economic and social policies make an important contribution to growth and stabilitysustainable development;
Amendment 91 #
2010/2239(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that pensions and pension systems are a primary responsibility of the Member States; stresses the EU’s role in accompanying economic governance with sound social policies and in promoting social justice and combating poverty; stresses that demographic change is affecting all EU Member States and that the EU has a special role to play in the cross-border mobility of pensions, as the free movement of workers is a core element of EU policy;
Amendment 103 #
2010/2239(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of first-pillar pensions and the need to maintain their adequacy and universal access to them; points out that solidarity-based first-pillar pension schemes are of the utmost importance, especially for the most vulnerable members of society, such as those outside the labour market; calls on Member States to ensure that first-pillar pensions are above the poverty line;
Amendment 109 #
2010/2239(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets that the Green Paper does not devote any attention to the gender issue, particularly bearing in mind that, because of disparities in careers, women have smaller pensions on average;
Amendment 123 #
2010/2239(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Member States and the Commission to consider new approaches to social security, based on a life-course approach; stresses the positive experiences of Member States which are shifting towards such an approach with regard to the sustainability of pensions and poverty prevention; points out that a life-course approach also provides answers to the problem of sound and adequate pensions, as it is not solely based on the number of years worked continuously, but considers working biographies as a whole, integrating changes and interruptions;
Amendment 126 #
2010/2239(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the importance of individualising pension entitlements within a system that makes for a strong measure of solidarity in such a way as to guarantee the economic independence of men andand a life in dignity for men and women and to combat the prevailing high risk of poverty for older women;
Amendment 145 #
2010/2239(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Does not consider it possible to set an adequate pension at European level, because the amount required is very dependent on specific circumstances in the Member States; stresses, however, that the EU should define what constitutes adequate and universal pensions, so as to establish joint standards and support a life in dignity for pensioners;
Amendment 150 #
2010/2239(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Council to present a recommendation on adequate pensions;
Amendment 153 #
2010/2239(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Social Protection Committee and the Economic Policy Committee to develop new indicators to monitor the impact of pension reforms on vulnerable groups, using new profiles which better reflect gender and career differences;
Amendment 173 #
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-relatedoccupational systems (second pillar) afford the best guarantee of adequate pension provision;
Amendment 179 #
2010/2239(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that first-pillar pensions must at least reach the poverty threshold, as the most vulnerable often do not have the means to contribute to second- and third-pillar pension schemes;
Amendment 188 #
2010/2239(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that the sustainability and adequacy of pension systems are certainly alsoin some Member States are affected by the third pillar, namely individual savings, facilitated or otherwise; stresses, however, that this option is available only to persons who have an adequate income which would enable them to contribute to such systems;
Amendment 198 #
2010/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 210 #
2010/2239(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that inflation and the instability of financial markets damages the sustainability and adequacy of pension systems, especially under the second and third pillars (occupational and private schemes);
Amendment 228 #
2010/2239(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that, in view of demographic trends and the need to ensure that pensions can be paid for, it is necessary for more people toto give older people the choice of participateing or not in the labour market and to do so for longerof adapting their time spent in work and in retirement to individual capabilities and life paths; observes that life expectancy is growing and; calls on Member States to consider linking thefor an evaluation of the necessity for a statutory retirement age to life expectancy;
Amendment 247 #
2010/2239(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the urgent need to create working conditions that enable older workers who so choose to remain on the labour market; stresses that, given the low percentage of older workers on the labour market, age discrimination must be combated; calls on the Commission, on the basis of its anti-discrimination work, and on the Member States to develop instruments so that working conditions are adapted to the needs of older workers; points to the importance of measures such as the right to flexible working times for older workers, the right to training and the right to a flexible exit into retirement without loss of entitlements;
Amendment 250 #
2010/2239(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that there are major disparities in the statutory retirementpensionable age and in the actual age at which older people cease to be employed; calls on Member States and the two sides of industrysocial partners, therefore, to exchange information about good experiences and to conclude agreements leading to a prolongation of working life, for example by rewardwhich have a positive impact on sustainable pensions; stresses, in this context, the need to implement the EU's anti-discrimination directives so as to combat direct and indirect age discrimination on the labour market; calls on Member States to combinge people who work for longernalties for labour market discrimination with incentives for employers to create an inclusive labour market;
Amendment 269 #
2010/2239(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that, for older employees performing physically and/or mentally demanding work, a dynamic labour market geared to flexibility and security must offer creative solutions such as greater flexibility in the statutory retirement age, part-time pensions or adapted working conditions, with the emphasis on ability to work, to strike a lasting balance between the requirements of employment and the capacities of workers; considers there to be a need for an active policy to prevent discrimination on grounds of age;
Amendment 282 #
2010/2239(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that any change in state pensionable age must allow sufficient time for individuals to prepare for the new situation;
Amendment 297 #
2010/2239(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that, if the 2020 Strategy is successful, this will mean that more people are in quality work and that economic growth will benefit from this, thus enhancing both the sustainability and the adequacy of pension systems;
Amendment 302 #
2010/2239(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Supports, in accordance with the 2020 Strategy, a targeted and active labour market policy which will lead to increased participation in employment on the part of older workers, women, members of minority groups and the long-term unemployedthose currently under-represented in the labour market, particularly the most vulnerable; considers that the EU should develop new indicators to monitor the impact of pension reform on vulnerable groups;
Amendment 313 #
2010/2239(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Considers that the investment role of pension funds in assisting the move to a sustainable, low-carbon and socially inclusive society envisaged in the 2020 strategy should be taken into account;
Amendment 324 #
2010/2239(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the growing importance of labour-market mobility in the EU, as well as the need for such mobility; considers, therefore, that if the European Union and the Member States have a strong interest in increasing workers’ mobility, obstacles to internal and cross-border mobility must be removed and issues such as lack of transferability, long vesting periods, preservation of dormant rights, non- regression and differences in tax treatment and actuarial principles must be addressed;
Amendment 333 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Considers that, given the shift to funded schemes which is already taking place, Article 5(2) of Directive 2004/113/EC should be amended to ban differences in treatment on the basis of gender in funded occupational pension schemes to avoid widening the gender income gap;
Amendment 339 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Notes that EU regulation should not only coordinate arrangements governing the pension rights of mobile workers, but also monitor and supervise the overall performance of national pension systems, in order to protect the pension rights of mobile workers and ensure that they have access to reliable data which enables them to make an informed decision before moving cross-border;
Amendment 364 #
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 concluded, but that every effort should be made to include existing contracts where possible; 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 384 #
2010/2239(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers that the second pillar must be available to all employeeworkers by right, without any discrimination on grounds of age, sex, sector and/or employment contract;
Amendment 410 #
2010/2239(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to support the development of a social and civic dialogue in the field of old-age pension provision;
Amendment 425 #
2010/2239(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 437 #
2010/2239(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Is concerned about the inadequate information provided to the public by public authorities and bodies administering pensions concerning the necessity, possibilities, accumulated entitlements, likely results and actual state of affairs with regard to old-age pensions; calls on the Commission and Member States to launch campaigns to enable and encourage members of the public to take measures to ensure adequate pension provision for themselves; stresses the importance of sound financial education from an early stage;
Amendment 447 #
2010/2239(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Considers that, when pension provision is reformed, or when there is a changeover from a promised pension to a promised pension arrangement, or from a final salary to a mean salary system, or any other significant change, the public must be promptly and fully informed of the consequences; and the persons concerned directly informed where necessary; stresses that providing information to individuals is not enough and that they should be protected against insolvency risks regardless of the scheme they are involved in;
Amendment 452 #
2010/2239(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls for individuals to have the right to information concerning the countries, sectors and products in which pension funds invest their assets;
Amendment 462 #
2010/2239(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Is concerned at the trend towards individual contribution schemes; points out that providing information about risks is not enough, and calls on the Commission and the Member States actively to reduce risks for individuals;
Amendment 1 #
2010/2234(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the European Parliament’s report of14 June 2010 "on promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status",
Amendment 2 #
2010/2234(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that a highly skilled and educated labour force is one of the mostdriving forces of innovation and brings a significant of competitive advantages, and that high-quality vocational education and training contributes fundamentally to sustainable development and to the creation of a functioning single internal market;
Amendment 4 #
2010/2234(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on Member States and the Commission to further improve the recognition of informal and non-formal learning; points to best practices in this field, especially via ESF funding, which prove that the recognition of skills, wherever those are acquired, leads to more successful integration into the labour market;
Amendment 5 #
2010/2234(INI)
Motion for a resolution
Recital A
Recital A
A. whereas youth unemployment is above 20 % making it one of the most pressing challenges in Europe and whereas one goal being pursued is to reduce the school drop- out rate below 10%,
Amendment 8 #
2010/2234(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the transition from education to work and between jobs is a structural challenge for workers all over the EU; whereas therefore transition security is an essential element to motivate workers for training outside the workplace; whereas quality apprenticeships have a largely positive impact on young people’s access to employment,
Amendment 10 #
2010/2234(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Emphasises that enabling young people to spend abroad a period of education or training is essential for them to acquire new skills, including language skills, and hence increases their opportunities of integration into the labour market; welcomes therefore the Commission's intention to develop a "Youth on the move card" helping all young people to move to another Member State to study, as well as to create European student mobility loans to give more young Europeans, in particular the most disadvantaged among them, the opportunity to experience a period of study, training or job placement in another country;
Amendment 12 #
2010/2234(INI)
Motion for a resolution
Recital B
Recital B
B. whereas demography is such that working lives will, as a matter of course, be longer and more varied and whereas lifelong learning is the onlyone of the ways to secure a place on the labour market,
Amendment 19 #
2010/2234(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Points to the obstacles to integration which third-country nationals are facing when their qualifications are not recognised; calls on the Commission to assess the impact of the European Qualifications Framework on the recognition of qualifications of third- country nationals;
Amendment 21 #
2010/2234(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises the importance of vocational education and training and maintains that their success hinges on the participation and cooperation of all stakeholders; refers to the positive experiences with the dual system within Vocational Educational and Training (VET) in countries such as Germany, Austria and Denmark where the system has led to longer term integration of young workers into the labour market and to higher employment rates for young workers as well as higher levels of competence which then increase employment prospects at later age;
Amendment 21 #
2010/2234(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for support to be given to cross- border links and communication platforms between educational institutions and employers for the purpose of exchanging best practices in the context of the Services Directive;
Amendment 33 #
2010/2234(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States and the Commission to further improve the recognition of informal and non-formal learning; points to best practices in this field, especially with ESF-funding, which prove that recognition of skills, wherever they are learned, lead to more successful integration into the labour market;
Amendment 45 #
2010/2234(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for greater balance in girls‘ and boys’ career choices; asks Member States and the Commission to actively work towards a less gender segregated labour market by putting forward initiatives that will help women to choose careers that traditionally have been male dominated and vice versa;
Amendment 48 #
2010/2234(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for all stakeholders, especially educational institutions, employers, employees and unions, to engage in formal dialogue with a view to ensuring that vocational education is of high quality and geared to the labour market;
Amendment 54 #
2010/2234(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls the goals set out in the Europe 2020 Strategy earlier this year which emphasises the need for a high skilled and educated European labour force in order to achieve a strong and sustainable growth and reach the employment goals set out in the Strategy; highlights the important role that affordable and accessible VET plays in the process of educating and upskilling the European labour force;
Amendment 56 #
2010/2234(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises the need for the VET to provide workers with the skills needed to take up new, green jobs that will arise in the future sustainable economy;
Amendment 60 #
2010/2234(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to allow for the growing need for upskilling by setting up advice centres to help workers plan the necessary vocational training; calls on employers to offer opportunities for upskilling; asks the Member States to secure workers the right to upskilling if employers do not voluntarily do so and make sure that the financial burden of upskilling is not placed on the employee;
Amendment 70 #
2010/2234(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that readily accessible, flexible, and individually tailored vocational training is important to people at different times of lifeand should be available, accessible and affordable to people at different times of life and regardless of their status on the labour market;
Amendment 89 #
2010/2234(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Maintains that vocational secondary and post-secondary education institutions should also become involved in the training sphere, a point which applies particularly to post-secondary institutions offering courses to upgrade specialist skills, especially for MINT professions (mathematics, informatics, natural sciences, and technology); points out, however, that competition with private providers must not be distorted;
Amendment 97 #
2010/2234(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Points to the obstacles to integration which 3rd country nationals are facing when their qualifications are not recognized; calls the Commission to assess the impact of the European Qualifications Framework on recognition of qualifications of 3rd country nationals;
Amendment 102 #
2010/2234(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the idea of making cross- border mobility an optional component of vocational education and training as it is being done with the Leonardo da Vinci programme; strongly urges employees to make more use of the Leonardo da Vinci programme;
Amendment 115 #
2010/2234(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Member States to financeconsider as one option a training voucher scheme under the ESF, so as enable people to make use of training offerings even when they have a low incometo secure people with a low income the possibility to participate in training; if necessary, invites Member States to apply for funding for such training voucher schemes under the ESF;
Amendment 4 #
2010/2053(INI)
Draft opinion
Recital A
Recital A
A. whereas the internal services market must develop fully whilst preserving the European social model and securing decent jobs,
Amendment 14 #
2010/2053(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. HopeDoubts that the Services Directive will genuinely have a positive impact by creating jobs and improving the quality and safety of services provided;
Amendment 26 #
2010/2053(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the directive excludes a number of fields from its scope of application, including non-economic services of general interest, healthcare services and most social services; adds that the directive does not apply to labour law and does not affect Member States' social security legislation eithercalls on the Commission to monitor the impact of the Services Directive on services of general interest; stresses the need for legal certainty for services of general interest; adds that the directive does not apply to labour law and does not affect Member States' social security legislation either; calls on Member States to report any cases where the Services Directive has impacted on Labour Law or where there were conflicts with Labour Law; calls on the Commission to monitor attentively the impact of the Services Directive on Labour Law and to ensure that activities under the Services Directive do not create conflicts of law or reduce existing rights;
Amendment 30 #
2010/2053(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that there are still issues to be clarified regarding the scope of application of the directive; considers that a directivein particular that there is a lack of clearly defining the concepts of "commercial services", "services of general economic interest" and "sociality regarding the exclusion of social services from the scope; considers that a directive clearly defining the concept of services of general interest" is more necessary than ever in order to precisely delineate the Service Directive's scope of application and the law applicable to services not subject to the directive, with particular regard to authorisation schemes, and to protect social services of general interest from the application of competition rules;
Amendment 50 #
2010/2053(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Invites the Employment Committee referred to in Article 150 TFEU to issue regular reports on the effects of the directive's implementation on employment, from both a quantitative and a qualitative point of view; demands a strong focus on employment in the further process of implementing and evaluating the Services Directive.
Amendment 1 #
2010/2052(INI)
Motion for a resolution
Recital A
Recital A
A. whereas advertising fosters competition and competitiveness, combats abuses of dominant position and encourages innovation in the internal market, and is consequently of benefit to consumers,
Amendment 15 #
2010/2052(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the development of new advertising practices online and via mobile devices is generating a range of problems that need dealing with in order to safeguard a high level of protection for users,
Amendment 20 #
2010/2052(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the personalisation of advertising messages must not lead to the development of intrusive advertising infringing legislation on the protection of personal data and privacy,
Amendment 21 #
2010/2052(INI)
Motion for a resolution
Recital F
Recital F
F. whereas groups of people who are particularly vulnerable because of their mental or physical disabilities, age or credulity – such as children, teenagers, the elderly or certain people made vulnerable by their social and financial situation (such as those with excessive debts) – need special protection,
Amendment 30 #
2010/2052(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Maintains thatWhether the UCPD provides an appropriate and comprehensive legal framework for combating misleading and aggressive advertising has proved to be questionable, although it is not yet possible to undertake a comprehensive evaluation;
Amendment 34 #
2010/2052(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets that that the UCPD provides for maximum harmonisation, which prevents Member States from adopting or maintaining measures that are more restrictive than those given in the Directive. Furthermore, that there is widespread uncertainty about the scope and the interpretation of the UCPD, especially with regard to the vague terms used in the general clause and also in some of the commercial practices banned under Annex I. Such legal uncertainty and the maximum harmonisation approach has led the ECJ to twice rule that national measures in some Member States are beyond the provisions of the UCPD and therefore, unlawful. This has led to the reduction in consumer protection levels in some Member States.
Amendment 35 #
2010/2052(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reminds that the purpose of the UCPD is to contribute both to the better functioning of the Internal Market and to achieve a high level of consumer protection; Regrets that the ECJ judgements mainly promote the first objective and reminds that although the legal basis of the Directive concerns completing the Internal Market, this does not preclude that strong consumer protection cannot also be the means with which to realise the concept of the Internal Market.
Amendment 36 #
2010/2052(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Demands that the Commission take into account the legal uncertainty, the relevant ECJ judgements and the consequent reduction in consumer protection when evaluating the UCPD; Calls for improvement to consumer protection when revising the Directive , including recognition that the principle of full harmonisation will have detrimental effects on protection for consumers in Member States with existing very high levels of such protection, therefore a minimum harmonisation approach should be used ; In this respect, asks the Commission to consider its working document in which it is stated that studies in behavioural economics can contribute to the assessment of what is meant by unfair commercial practices: i. e. studies in behavioural economics has found that discount coupons, competitions and free gifts encourage irrational consumer behaviour ; Believes that the challenge is to find the right balance between legitimate influence and unfair distortion of consumers' economic behaviour.
Amendment 52 #
2010/2052(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. EncouraAcknowledges the practice of self- regulation, which is a dynamic, flexible and responsible as an adjunct to the existing legislative framework; calls on those Member States that do not yet have self- regulatory bodies to facilitate the establishment of such bodies and/or grant them formal recognition;
Amendment 58 #
2010/2052(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the limits ofnevertheless that self- regulation, which cannot entirely take the place of legislation (in the area of penalties, for example)public regulation, particularly to punish operators who deliberately break the law;
Amendment 81 #
2010/2052(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines the need to incorporate privacy issues as standard in future technological solutions which involve personal data. Developers of new technology must, from the very beginning of the development process, incorporate data security and protection in line with the highest standards and with reference to "Privacy by Design".
Amendment 104 #
2010/2052(INI)
Motion for a resolution
Paragraph 16 – indent 8
Paragraph 16 – indent 8
– restrict online alcohol advertising only to the websites of industry professionals, local authorities and tourist offices, while prohibiting intrusive advertising practices;
Amendment 15 #
2010/2012(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Europe should not only seek ways to completefurther develop the internal market for e- commerce but also look into how the internal market could be completedfurther develop by e- commerce,
Amendment 41 #
2010/2012(INI)
Motion for a resolution
Recital K
Recital K
K. whereas uniformisstrengthening the most essential consumer rights, as well asnd harmonising postal and banking costs, copyright levies, VAT procedures and data protection practices would go a long way towards creating a genuine single market for businesses and consumers,
Amendment 65 #
2010/2012(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for standardisation of pre- contractual information in e-commerce, while retaining a minimum harmonisation approach as a general rule for face-to-face contracts in specific sectors, such as health services or estate agents;
Amendment 91 #
2010/2012(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Supports the Commission’s broadband targets to enable all EU citizens to access basic broadband by 2013, to enable access to broadband at minimum 30Mbps for all citizens by 2020, with half of the European Unions citizens having access to broadband of 100Mbps and calls for concrete measures to ensure that these targets will be fulfilled;
Amendment 125 #
2010/2012(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that enhancing market surveillance, transparency of rules and enforcement mechanisms to encourage users" confidence is crucial as consumer spending will be an important factor for the economic recovery; takes the view that public authorities must be given more resources to investigate and ultimately stop illegal commercial practices; calls on the Commission to create a European early- warning system, including a database, to combat fraudulent activities in the digital market; calls on the Commission to update RAPEX (rapid alert system) as necessary; stresses that such initiatives must respect data protection rules;
Amendment 126 #
2010/2012(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that online targeting and profiling should fully respect data protection rules;
Amendment 127 #
2010/2012(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 138 #
2010/2012(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Strongly supports the Commission in exploring possibilities and concrete proposals in the field of collective redress
Amendment 142 #
2010/2012(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 160 #
2010/2012(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls onSupports the Commission to develop an EU charter of users" rights in the area ofon issuing a Code of EU Online Rights by 2012 covering online services and e-commerce, in line with the objectives of the EU 2020 strategy;
Amendment 34 #
2010/0210(COD)
Proposal for a directive
Citation 5 a (new)
Citation 5 a (new)
- having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 15(3) and Articles 27, 28, 31, 33 thereof,
Amendment 35 #
2010/0210(COD)
Proposal for a directive
Citation 5 b (new)
Citation 5 b (new)
- having regard to Convention No 97 on "Migration for Employment" of the International Labour Organisation (ILO),
Amendment 36 #
2010/0210(COD)
Proposal for a directive
Citation 5 c (new)
Citation 5 c (new)
- having regard to ILO Convention No 143 on "Migrant Workers",
Amendment 37 #
2010/0210(COD)
Proposal for a directive
Citation 5 d (new)
Citation 5 d (new)
- having regard to ILO Convention No 102 on "Social Security (Minimum Standards)",
Amendment 38 #
2010/0210(COD)
Proposal for a directive
Citation 5 e (new)
Citation 5 e (new)
- having regard to ILO Convention No 118 on "Equality of treatment (Social Security)",
Amendment 39 #
2010/0210(COD)
Proposal for a directive
Citation 5 f (new)
Citation 5 f (new)
- having regard to ILO Convention No 111 on "Discrimination (Employment and Occupation)",
Amendment 40 #
2010/0210(COD)
Proposal for a directive
Citation 5 g (new)
Citation 5 g (new)
- having regard to ILO Recommendation No 86 on "Migration for Employment",
Amendment 41 #
2010/0210(COD)
Proposal for a directive
Citation 5 h (new)
Citation 5 h (new)
- having regard to ILO Recommendation No 151 on "Migrant workers",
Amendment 42 #
2010/0210(COD)
Proposal for a directive
Citation 5 i (new)
Citation 5 i (new)
- having regard to ILO Convention No 98 on "The Right to Organise and Collective Bargaining",
Amendment 43 #
2010/0210(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should be applied without prejudice to the principle of EU preference as regards access to Member States' labour market as expressed in the relevant provisions of Acts of Accession. This notwithstanding, that principle should not be used to deviate from the principle of equal pay for equal work, as regards both workers from Member States and third country nationals.
Amendment 44 #
2010/0210(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) This Directive should set conditions and rights of third country national seasonal workers in full respect of the relevant ILO conventions.
Amendment 45 #
2010/0210(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 48 #
2010/0210(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture and horticulture, during the planting or harvesting period, or tourism, during the holiday period.
Amendment 61 #
2010/0210(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The duration of stay should be limited to a maximum period per calendar year which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers' actual workforce needs.
Amendment 63 #
2010/0210(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure that seasonal workers have adequate accommodation during their stay, including at a reasonable cost, and that they receive equal treatment to nationals and enjoy a decent standard of living, provision should be made to require employers to provide the evidence of the accommodation they or third-parties provide. It is necessary to ensure transparency with regard to the cost of the accommodation which should not be automatically deducted from the wage.
Amendment 64 #
2010/0210(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Considering the specially vulnerable situation of third-country national seasonal workers and the temporary nature of their assignment, there is a need to define clearly the working conditions applicable to such workers in order to ensure legal certainty by referring such conditions to generally binding instruments providing effective protection ofprovide effective protection of the rights of third- country seasonal workers, to check regularly for compliance and to fully guarantee respect for the prights of third- country seasonal workers, such as law or universally applicable collective agreementsnciple of equal treatment with workers who are nationals of the host Member State.
Amendment 75 #
2010/0210(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Third-country national seasonal workers should be granted equal treatmentAdequate social security coverage for seasonal workers is a key element of this Directive and important for ensuring that their working and living conditions while staying in the Union are decent. Equal treatment should be granted to third- country nationals. Special attention should be given to provisions ensuring equal treatment as regards social security under national law in respect of those branches of social security listdefined in Article 3 of Regulation (EC) No 883/2004 on the coordination of social security systems. This Directive should not confer more rights than those04 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Without prejudice to bilateral algreadyements provided in existing EU legislation in the field of social security for third-country nationals who have cross- border interests between Member States. Furthermore, this Directive should not grant rights in relation to situations which lie outside the scopeing for better social security coverage, this Directive should establish mechanisms which ensure effective coverage by social security during the stay and mechanisms for exporting acquired rights where applicable. This may include special adjustments concerning inter alia the qualifying ofr that EU legislation such as, for example, to family members residing in a third country. This is without prejudice to the non discriminatory application by Member States of national legislation providing for de minimis rules on contributions to pension systeme waiting period. Any restrictions to the equal treatment in the field of social security under this Directive should be without prejudice to the rights conferred in application of Regulation (EU) No1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who, solely on the ground of their nationality, are not already covered by these Regulations.
Amendment 79 #
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, working conditions and accommodation, Member States should ensure that appropriate control and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory. With a view to increasing the effectiveness of those inspections, Member States should ensure that national legislation gives adequate powers and resources to competent authorities to carry out inspections; that the results of previous inspections are collected and processed for the effective implementation of this Directive; and that sufficient staff are available with the skills and qualifications needed to carry out inspections effectively. Member States should provide for adequate, proportionate and dissuasive sanctions such as financial penalties to be imposed on the employer in the event of failure.
Amendment 80 #
2010/0210(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate enforcement, relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective applicat of this Directive, effective mechanisms should be developed through which seasonal workers may lodge complaints directly or through relevant third parties such as trade unions of the Directiver other associations. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences. There should also be adequate judicial protection against the victimisation of seasonal workers as a result of a complaint being made. Organisations representing workers' rights should have access to the relevant documentation and to any accommodation provided.
Amendment 84 #
2010/0210(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.
Amendment 85 #
2010/0210(COD)
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23b) Working conditions in this Directive are to be understood to cover at least pay and dismissal, health and safety at the workplace, working time and leave, family and professional life taking into account collective agreements in force.
Amendment 87 #
2010/0210(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 90 #
2010/0210(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall apply to the agriculture, horticulture and tourism sectors. Member States may decide to extend its application to additional activities that are dependent on the passing of the seasons, provided that the social partners do not conclude an agreement opposing this supported by objective reasons.
Amendment 97 #
2010/0210(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘universally applicable 'collective agreement’' means any collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. 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 byconcluded at any level, in accordance with national legislation and practices of the mhost representative employers' and labour organisations at national level and which are applied throughout national territoryMember State.
Amendment 115 #
2010/0210(COD)
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation that ensures an adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration. , pursuant to national legislation and practice, that ensures equal treatment to nationals and a decent standard of living. As a minimum, such accommodation shall provide the inhabitants with adequate space, shall protect them from the elements and other threats to health, shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition, such as safe drinking water, systems for cooking, heating and lighting, sanitation and washing facilities, means of food storage and refuse disposal. The accommodation shall allow access to basic services.
Amendment 122 #
2010/0210(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The seasonal worker shall have the option to accept or refuse the accommodation provided by the employer.
Amendment 123 #
2010/0210(COD)
Proposal for a directive
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. If seasonal workers are required to pay rent for such accommodation, it shall not be automatically deducted from their wage; its cost shall be fixed for the duration of their stay and shall not be excessive in relation to their net remuneration or to the quality of the accommodation.
Amendment 124 #
2010/0210(COD)
Proposal for a directive
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1c. The seasonal worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated in a language understood by all parties.
Amendment 125 #
2010/0210(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a The relevant authorities shall have the obligation and the organisations representing the workers' interest shall have the right of inspection of and access to the accommodation if provided for by the employer. The relevant authorities shall be obliged to ensure that the rent for accommodation is not excessive in relation to the quality of accommodation.
Amendment 126 #
2010/0210(COD)
Proposal for a directive
Article 14 b (new)
Article 14 b (new)
Article 14b Costs Member States shall require employers of seasonal workers to pay for: (a) the cost of travel from the seasonal workers' place of origin to the place of work in the Member State concerned and the return journey; (b) the visa fee and, if applicable, any service fees related to the visa; (c) the cost of health insurance referred to in point (c) of Article 5(1). Such expenses should not be recoverable from (the wage of) the seasonal worker.
Amendment 128 #
2010/0210(COD)
Proposal for a directive
Article 16 – introductory part
Article 16 – introductory part
Amendment 132 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 1 – subparagraph 1
Article 16 – point 1 – subparagraph 1
1. working conditions, including pay and dismissal as well as health and safety requirements at the workplace, applicable to seasonal work 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 according to this Directiv, working time and leave, holidays and disciplinary provisions, professional and family life as well as health and safety requirements at the workplace, taking into account, in addition to legal, administrative and regulatory provisions, the arbitration decisions and collective agreements and contracts, concluded, at any level, in accordance with the host Member State’s law and practices, by the most representative employers' and labour organisations, under the same terms as for nationals of the host Member State.
Amendment 138 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 1 – subparagraph 2
Article 16 – point 1 – subparagraph 2
Amendment 143 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – introductory part
Article 16 – point 2 – introductory part
Amendment 147 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point a
Article 16 – point 2 – point a
(a) freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, including the right to negotiate and conclude collective agreements and the right to strike and take industrial action, in accordance with the host Member State’s national law and practices, which must comply with Union law, without prejudice to the national provisions on public policy and public security;
Amendment 154 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point c a (new)
Article 16 – point 2 – point c a (new)
(ca) payment of holiday entitlements;
Amendment 155 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point c – point i) (new)
Article 16 – point 2 – point c – point i) (new)
(i) seasonal workers returning or moving to a country outside the Union, or the survivors of such workers deriving rights from them 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;
Amendment 156 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point c– point ii) (new)
Article 16 – point 2 – point c– point ii) (new)
(ii) seasonal workers should have access on a non-discriminatory basis to the social security system of the place of work similar to other EU citizens working in this Member states under Regulation (EC) N° 883/2004;
Amendment 157 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point c – point iii) (new)
Article 16 – point 2 – point c – point iii) (new)
(iii) Member States shall create mechanisms so that third-country workers returning or moving to a country outside the Union should be entitled to benefits which may be due in respect of any employment injury suffered, to compensation in lieu of any holiday entitlement acquired but not used and to reimbursement of social security contributions which have not given and do not give rise to rights under national laws or regulation or international arrangement.
Amendment 162 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 a (new)
Article 16 – point 2 a (new)
2a. back payments to be made by the employers. In respect of infringements of Article 3, the employer shall pay: (a) any outstanding remuneration to the third-country national; (b) any outstanding taxes and social security contributions, including relevant administrative fines
Amendment 163 #
2010/0210(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Monitoring and inspections 1. Member States shall ensure that appropriate monitoring mechanisms are put in place, that adequate inspections are carried out on their territory by the relevant national authorities and that organisations representing workers' interests have access to the workplace and the accommodation, if provided by the employer, so as to ensure that the provisions laid down in this Directive, in particular regarding rights, working conditions and accommodation, are fully respected throughout the duration of the seasonal workers' stay in the Member State concerned. 2. Member States shall ensure that at least 20 % of companies offering seasonal employment established on their territory are subject to inspections every year 3. The selection of companies to be inspected shall be based on a risk assessment to be drawn up by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement.
Amendment 164 #
2010/0210(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Subcontracting Where the employer is a subcontractor, Member States shall ensure that the main contractor and any intermediate subcontractor are liable to pay: (a) any fine imposed under the relevant Article of this Directive, and (b) any back payments due under the this Directive.
Amendment 165 #
2010/0210(COD)
Proposal for a directive
Article 17 b (new)
Article 17 b (new)
Article 17b Member States shall take the necessary steps to ensure that an employer who fails to comply with the standards for working conditions and accommodation may also, if appropriate, be subject to the following measures: (a) exclusion from entitlement to public benefits, aid or subsidies for up to five years; (b) exclusion from participation in a public tender for up to five years; (c) recovery of any public benefits, aid, or subsidies, including EU funding managed by Member States, granted to the employer, especially funding received under the Common Agricultural Policy (d) temporary or permanent closure of the establishments that have been used to commit the infringement.
Amendment 32 #
2010/0115(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) The Treaty on European Union stipulates in Article 3.3 that the Union shall combat social exclusion and discrimination, and shall promote social justice and protection and provides for the Union's initiatives to ensure coordination of Member States' social policies. Article 9 of the Treaty on the Functioning of the European Union provides that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection and, the fight against social exclusion and a high level of education and training.
Amendment 66 #
2010/0115(NLE)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8 a) Europe 2020 should be a strategy to put people and planet first, to achieve a sustainable economy, to create more and better jobs and to tackle the challenges for the labour market arising from an ageing society, the current economic crisis and the requirements of a future sustainable economy.
Amendment 69 #
2010/0115(NLE)
Proposal for a decision
Recital 8 b (new)
Recital 8 b (new)
(8 b) National budgets and the EU budget, including the European Funds, should be coordinated and geared towards preparing society for a sustainable economy. Moreover, in their public finance policy, particularly in the case of budget cuts, Member States should consider the requirements of a transition to a sustainable economy in an ageing society, specifically the need for quality services and the need to invest in education, and should prevent any disproportionate effect on women’s employment.
Amendment 76 #
2010/0115(NLE)
Proposal for a decision
Recital 9
Recital 9
(9) Within the Europe 2020 strategy, Member States should implement reforms aimed at "smart growth", i.e. growth driven by knowledge and innovation. Reforms should aim at strengthening decent work, improving the quality of education, ensuring access for all, and strengthening research and business performance in order to promote innovation and knowledge transfer throughout the EU. They should encourage entrepreneurship and help to turn creative ideas into innovative products, services and processes that can create growth, quality jobs, territorial, economic and social cohesion, and address more efficiently European and global societal challenges. Making the most of information and communication technologies is essential in this context.
Amendment 87 #
2010/0115(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) Member States should also, through their reform programmes, aim at "sustainable growth" and decent work. Sustainable growth means building a resource-efficient, sustainable and competitive economy, a fair distribution of the cost and benefits and exploiting Europe's leadership in the race to develop new processes and technologies, including green technologies. Member States should implement the necessary reforms to reduce greenhouse gases emissions and use resources efficiently. They should also improve the business environment, stimulate creation of green jobs and modernise their industrial base.
Amendment 100 #
2010/0115(NLE)
Proposal for a decision
Recital 11
Recital 11
(11) Member States" reform programmes should also aim at "inclusive growth". Inclusive growth means building a cohesive society in which people are empowered to anticipate and manage change, thus to actively participate in society and economy. Member States" reforms should therefore ensure access and opportunities for all throughout the lifecycle, thus reducing poverty and social exclusion, through removing barriers to labour market participation especially for women, older workers, young people, disabled and legalpeople with disabilities and migrants. They should also make sure that the benefits of economic growth reach all citizens and all regions. Ensuring effective functioning of the labour markets through investing in successful transitions, appropriate skills development, rising job quality and fighting segmentation, structural unemployment and inactivity while ensuring adequate, sustainable social protection and active inclusion to reduce poverty should therefore be at the heart of Member States" reform programmes.
Amendment 102 #
2010/0115(NLE)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11 a) In the context of the 'inclusive growth' objective, Member States should, at the initiative of the Commission, set an appropriate legislative framework for the new forms of work. Moreover, Member States should prepare to adapt working conditions and working time better to the needs of the employees.
Amendment 117 #
2010/0115(NLE)
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13 a) In reporting on employment rates, Member States should provide clear gender segregated and comparable data which correctly reflects the percentage of the work providing economic independence, part time employment and part time unemployment in labour force statistics.
Amendment 134 #
2010/0115(NLE)
Proposal for a decision
Article 2 a (new)
Article 2 a (new)
Article 2a When designing and implementing their national reform programmes taking account of the guidelines in the Annex, Member States shall ensure effective governance of employment and social policies. Stakeholders, including those at regional and local level, parliamentary bodies and social partners as well as civil society organisations, in particular providers of social services, where appropriate shall be closely involved throughout the design, implementation, monitoring and evaluation of those programmes as well as in the definition of targets and indicators. The EU headline targets, as set out in the Annex, shall be followed up with appropriate sub-targets and indicators, including outcome and result indicators, as well as national targets, indicators and scoreboards. Member States shall take those targets and indicators into account, along with the guidelines and any country-specific recommendations addressed to them by the Council. Member States shall closely monitor the employment and social impact of reforms implemented under respective national reform programmes. When reporting on the application of the guidelines in the Annex, Member States shall follow the structure to be agreed at EU level and shall include the same elements in order to ensure clarity, transparency and comparability among the Member States. National action plans must explicitly outline national tailored targets contributing to the EU headline targets according to national possibilities. Member States must invest in active monitoring and detailed statistics. To truly deliver results and strengthen the impact of the Employment Guidelines and the National Reform Plans, Member States shall face consequences in cases of non- compliance.
Amendment 140 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – title
Annex – Guideline 7 – title
Guideline 7: Increasing labour market participintegration and reducing structural unemployment
Amendment 142 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph -1 (new)
Annex – Guideline 7 – paragraph -1 (new)
To overcome persistent unemployment in the European Union and to tackle poverty it is essential to improve labour market integration and to foster job creation across Europe. Member States and the European Union should focus their job creation efforts on: - supporting transition for enterprises and workers from sectors with declining numbers of jobs to workplaces in sectors where new and sustainable jobs are being created; - creating support infrastructure for new areas of the economy that have potential for creating sustainable jobs; - investment in training, innovation and research especially for SMEs as major labour market drivers; - strengthening the jobs potential of services of general interest, linking the goal of job creation with the positive active inclusion aspects; - aligning public investment towards sustainable quality work; To improve labour market integration Member States and the EU should focus on improving access for those outside the labour market while improving working conditions, in particular those of low- quality jobs and adapting workplaces to the needs of a diverse and ageing workforce.
Amendment 146 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph -1 a (new)
Annex – Guideline 7 – paragraph -1 a (new)
Member States should increase labour force participation through policies to promote active ageing, gender equality and equal pay and labour market integration of young people, the disabled, migrants and other vulnerable groups. Member States must effectively implement anti-discrimination legislation in order to have a more integrative labour market and to make a more diverse workforce a reality. In order to increase access to quality work for women, work-life balance policies with the provision of affordable care, the right to part-time work, flexible working hours and workplaces should be established. Also, Member States should promote an equal division of unpaid care between men and women and increase part-time work among men, in particular to retain highly- skilled women in scientific and technical fields. Member States should also remove barriers to labour market entry for newcomers, support self-employment and job creation in areas including green employment and care and promote social innovation.
Amendment 152 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 1
Annex – Guideline 7 – paragraph 1
While the Commission has to revise the Flexicurity strategy in order to put transition security at the top of the agenda, Member States should integrate the revised flexicurity principles endorsed by the European Council into their labour market policies and apply them, making full use of European Social Fund support with a view to increasing labour market participation and combating segmentation and inactivity, gender inequality, whilst reducing structural unemploymentby providing adequate security for workers with all forms of contracts. Measures to enhance flexibility and security should be both balanced and mutually reinforcing. It must be underlined that flexibility without social security and access to life long learning is not a sustainable way of increasing employment. Member States should therefore introduce a combination of flexible and reliable employment contracts, active and inclusive labour market policies, effective lifelong learning for all employees, policies to promote labour mobility, and adequate social security systems accessible to all employees to secure professional transitions accompanied by clear rights and responsibilities for the unemployed to actively seek work, in order to assist progress into stable and legally secure employment. Upskilling needs to be recognised as an integral part of everyone's working life and as a right of each employee.
Amendment 179 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 2
Annex – Guideline 7 – paragraph 2
Member States should step uprengthen social dialogue and tackle labour market segmentation with measures addressing temporary and precarious employment, underemployment and undeclared work. Professional mobility should be rewarded. The quality of jobs and employment conditions should be addressed by fighting low-wages, and by ensuring improved and adequate social security and labour rights also for those on fixed contracts and the self-employed. Employment services should be strengthened and open to all, including young people and those threatened by unemployment with personalised services targeting those furthest away from the labour market. Decent work as a guiding principle must govern both job creation and labour market integration.
Amendment 185 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 3
Annex – Guideline 7 – paragraph 3
Amendment 211 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 4 – subparagraph 1 (new)
Annex – Guideline 7 – paragraph 4 – subparagraph 1 (new)
- The female employment rate should increase to 75 % which includes at least 50% work that provides economic independence.
Amendment 212 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 4 – subparagraph 2 (new)
Annex – Guideline 7 – paragraph 4 – subparagraph 2 (new)
- The employment rate for people in the age group 55 to 64 should be increased to 60%.
Amendment 213 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 4 – subparagraph 3 (new)
Annex – Guideline 7 – paragraph 4 – subparagraph 3 (new)
- Young people's unemployment rate should not be higher than the general unemployment rate and should be reduced to 10% by 2015.
Amendment 214 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 4 – subparagraph 4 (new)
Annex – Guideline 7 – paragraph 4 – subparagraph 4 (new)
- A Youth Guarantee should be established in all Member States guaranteeing a job, an education or additional training to all young people below 25 years of age after a maximum period of four months' unemployment.
Amendment 216 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – title
Annex – Guideline 8 – title
Guideline 8: Developing a skilled workforce responding to labour market needs, promoting, strengthening decent work and job quality and lifelong learning
Amendment 235 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 2
Annex – Guideline 8 – paragraph 2
Models of sharing the responsibility for ongoing skill development between the state, employers and employees need to be developed. In cooperation with social partners and business, Member States should improve access to training, strengthen education and career guidance combined with systematic information on new job openings and opportunities, promotion of entrepreneurship and enhanced anticipation of skill needs. Creating the conditions for women and girls to enter into sectors where women are heavily under-represented and to combat stereotypes that still dominate these professions is key in ensuring both gender equality and labour market supply. Investment in human resource development, up-skilling and participation in lifelong learning schemes should be promoted through joint financial contributions from governments, individuals and employers. National budgets and the EU budget including the European Social Fund and the European Globalisation Fund should be coordinated and geared to prepare the workforce for a sustainable economy. To support young people and in particular those not in employment, education or training, Member States in cooperation with the social partners, should enact schemes to help recent graduates find initial employment or further education and training opportunities, including apprenticeships, and intervene rapidly when young people become unemployed. Regular monitoring of the performance of up-skilling and anticipation policies should help identify areas for improvement and increase the responsiveness of education and training systems to labour market needs. EU funds should be fully mobilised by Member States to support these objectives.
Amendment 246 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 2 a (new)
Annex – Guideline 8 – paragraph 2 a (new)
In order to fight precarious and low- quality work, unhealthy competition and tax avoidance within the EU, Member States should create a cross-european approach to ensure the quality of work, improve working conditions of the most vulnerable and fight social dumping. Member States must also, in close cooperation with the social partners, step up on enforcement, monitoring, control and sanctions, sustainable job creation and a strategy for sustainable, green jobs.
Amendment 251 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 a (new)
Annex – Guideline 8 a (new)
Guideline 8a: Sustainable job creation and a strategy for sustainable, green jobs In order to achieve a smarter, more sustainable and more inclusive economy the EU needs a green jobs strategy that delivers on skills, workplace adaptation and transformation of society. Such a strategy should include smart investment to create new green jobs; incentives to transform existing jobs into green jobs; investment in training and lifelong learning to support workers in developing and enable workers to move into new jobs where necessary; a framework agreement on transition security, including the right to training and sufficient social security in times of job transition; an agreement between social partners on the right to lifelong learning and training in the workplace; and support for the adaption of skills and workplace organisation across the board; Member States and the EU should focus their job creation efforts on supporting transition for enterprises and workers of outgoing areas of industry to workplaces in sectors where new and sustainable jobs are being created; creating support infrastructure for new areas of the economy that have the potential of creating sustainable jobs; investment in training, innovation and research especially for SMEs as major labour market drivers; strengthening the job potential of Services of General interest, linking the job creation goal with the positive active inclusion aspects; aligning public investment towards sustainable quality work
Amendment 255 #
2010/0115(NLE)
Annex – Guideline 9 – title
Guideline 9: Improving the performance of education and training systems at all levels and increasing participation in tertiary education
Amendment 264 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 9 – paragraph 1
Annex – Guideline 9 – paragraph 1
In order to ensure access to quality education and training for all and to improve educational outcomes, Member States should avoid budget cuts and invest efficiently in education and training systems notably to raise the skill level of the EU's workforce, allowing it to meet the rapidly changing needs of modern labour markets. Action should cover all sectors (from early childhood education and schools through to higher education, vocational education and training, as well as adult training) taking also into account learning in informal and non-formal contexts. Reforms should aim to ensure the acquisition of the key competencies that every individual needs for success in a knowledge-based economy, notably in terms of employability, further learning, or ICT skills. Steps should be taken to ensure learning mobility of young people and teachers becomes the norm. Member States should improve the openness and relevance of education and training systems, particularly by implementing national qualification frameworks enabling flexible learning pathways and by developing partnerships between the worlds of education/training and work. The teaching profession should be made more attractive. Higher education should become more open to non-traditional learners and participation in tertiary or equivalent education should be increased. With a view to reducing the number of young people not in employment, education, or training, Member States should take all necessary steps to prevent early school leaving.
Amendment 286 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 10 – paragraph 1
Annex – Guideline 10 – paragraph 1
Member States" efforts to reduce poverty should be aimed at promoting decent working and living conditions, full participation in society and economy and extending employment opportunities, making full use of the European Social Fund. Efforts should also concentrate on ensuring equal opportunities, including through access to affordable, sustainable and high quality services and public services (including online services, in line with guideline 4) and in particular health carein the social, employment, health and housing fields. Member States should put in place effective anti-discrimination measures. Equally, to fight social exclusion, empower people and promote labour market participation, social protection systems, lifelong learning and active inclusion policies should be enhanced to create opportunities at different stages of people's lives and shield them from the risk of exclusion. Social security and pension systems must be modernised to ensure that they can be fully deployed to ensure adequate income support and access to healthcare thus providing social cohesion whilst at the same time remaining financially sustainable. Benefit systems should focus on ensuring income security during transitions and reducing poverty, in particular among groups most at risk from social exclusion, such as one- parent families, minorities, migrants, people with disabilities, children and young people, elderly women and men, legal migrants and the homeless. Member States should also actively promote the social economy and social innovation in support of the most vulnerable. Member States should guarantee high minimum standards for job quality so as to eradicate poverty among employed people.
Amendment 293 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 10 – paragraph 2 a (new)
Annex – Guideline 10 – paragraph 2 a (new)
Member States shall define targets for the reduction of the number of working poor and of the number of workers earning poverty wages.
Amendment 294 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 10 – paragraph 2 b (new)
Annex – Guideline 10 – paragraph 2 b (new)
Guideline 10 should be seen as a first step towards a future Guideline on Social inclusion and towards broadening the Treaty base for the next Broad Economic, Employment and Social Guidelines.
Amendment 15 #
2009/2221(INI)
Motion for a resolution
Recital E
Recital E
E. whereas young people often face discrimination on the grounds of their age when entering the labour market; whereas young women are more likely than young men to face unemployment and poverty; whereas on the other thand young men have been hit hardest by unemployment during the current economic crisis,
Amendment 23 #
2009/2221(INI)
Motion for a resolution
Recital F
Recital F
F. whereas decent work shifts young people from social dependence to self- sufficiency, helps them escape poverty and enables them to actively contribute to society, economically and socially; whereas discriminative legislation in some Member States, such as the minimum wage for young people in the UK, the Revenu minimum d'insertion in France and the reduced unemployment benefits for young people in Denmark, prevent young people from entering into an adult, independent life,
Amendment 25 #
2009/2221(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas flexicurity has been the overall strategy for the EU labour markets aiming at flexible and reliable contracts, lifelong learning, active labour market policies and social security; whereas, unfortunately, this strategy in many countries has been interpreted narrowly as “flexibility” losing sight of the holistic approach and of employment security and social security,
Amendment 32 #
2009/2221(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Council and the Commission to define a job strategy for the EU that combines financial instruments and employment policies in order to avoid "jobless growth", and entails setting ambitious benchmarks for the employment of young people; strongly encourages that the job strategy has a special focus on developing green jobs;
Amendment 37 #
2009/2221(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Invites Member States to create efficient incentives for public and private employers to hire young people, to invest in job creation for young people and to support entrepreneurship among youth; encourages to secure young people’s access to the European Microfinance Facility that was established recently;
Amendment 67 #
2009/2221(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for more and better traineeships; calls on the Commission and the Council to set up a European Quality Charter on Traineeships to ensure their educational value and avoid exploitationapprenticeships; refers to the positive experiences with the dual system within Vocational Educational and Training (VET) in countries such as Germany, Austria and Denmark where the system is seen as an important part of young people’s transition from education to employment;
Amendment 80 #
2009/2221(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for more and better internships; following the commitment in the Communication COM(2007)498 “to propose an initiative for a European quality charter on internships”, calls on the Commission and the Council to set up a European Quality Charter on Internships on minimal standards for internships to ensure their educational value and avoid exploitation. These should include a time limitation for internships, a local minimum wage, social security benefits according to local standards and a clear connection to the educational programme in question; requests that internships are included in EU-statistics;
Amendment 93 #
2009/2221(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for Member States to set up National Task Forces on Youth to ensure a stronger coherence between the educational system and the labour market and promoting a stronger and shared responsibility between government, employers and individuals for investing in skills; calls for the Member States to provide advisory bodies at all schools to help smoothing the transition from education to the labour market and promote cooperation between public and private actors;
Amendment 95 #
2009/2221(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to intensify the work with recognition of professional qualifications including non-formal learning and work experience in order to support the mobility of young people;
Amendment 111 #
2009/2221(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the need for a strong and structured social dialogue at all workplaces in order to protect young workers from exploitation and precarious work that often goes along with temporary work; underlines the need for Social Partners to address young workers and their specific needs;
Amendment 118 #
2009/2221(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission for a review of existingand Member States to ensure that national legislation affecting youth in each Member State to verify its compatibility with the Employment Equality Directiveand in particularly national legislation based on the Employment Equality Directive is not used to discriminate young people’s access to social benefits;
Amendment 129 #
2009/2221(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on for Member States to establish a short-term effort focused on young unemployed men in the sectors affected by the crisis, not losing sight of the long-term problems experienced by young women in accessing the labour market;
Amendment 216 #
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 whichwhilst allowing Member States couldto maintain or adopt stricter national rules providing for a higher level of consumer protection.
Amendment 221 #
2008/0196(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In accordance with Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured. The harmonisation of certain aspects of consumer contract law is necessary for the promotion of a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises, while ensuring the respect of the principle of subsidiarity.
Amendment 222 #
2008/0196(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to ensure high levels of consumer protection, thereby increasing consumer confidence and activity in the internal market, this Directive shall provide for minimum harmonisation, except for provisions which are indicated as fully harmonised.
Amendment 223 #
2008/0196(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 225 #
2008/0196(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 228 #
2008/0196(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 231 #
2008/0196(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 236 #
2008/0196(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The new definition of consumer should encompass situations in which a consumer buys a good or contracts a service partly for personal and partly for professional purposes (mixed purposes). Many Member States have chosen to apply consumer protection rules to other persons or entities such as NGOs, start up business or small enterprises that are in a similar position as consumers in terms of lack of bargaining power and expertise. As a consequence, it is necessary to allow Member States to maintain or extend the protective rules to other legal or natural persons that are not consumers. More and more goods are purchased or downloaded in an intangible digital format. Therefore it is necesary to include intangible goods within the definition of "goods". This will ensure that consumers are equally protected when buying both online and offline. The definition of goods should encompass water, gas and electricity. The includion of these sectors in the scope of the Directive is necessary in a context where traditional public monopolies are dismantled and the involvement of private sector players in these industries.
Amendment 242 #
2008/0196(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 252 #
2008/0196(COD)
Proposal for a directive
Recital 11 f (new)
Recital 11 f (new)
(11f) The definition of "consumer" is any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession; Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not 'consumers' in the meaning of the previous sentence, e.g. NGOs, start - up businesses, etc
Amendment 253 #
2008/0196(COD)
Proposal for a directive
Recital 11 g (new)
Recital 11 g (new)
(11g) The definition of "goods" is any tangible or intangible item, including water, gas and electricity with exception of goods sold by way of execution or otherwise by authority of law.
Amendment 254 #
2008/0196(COD)
Proposal for a directive
Recital 11 h (new)
Recital 11 h (new)
(11h) the definition of "trader" means any natural or legal person and anyone acting in the name or on behalf of the trader, irrespective of whether privately or publically owned who, in contracts covered by this Directive, is acting for purposes relating to this person's trade, business, craft or profession, irrespective of whether or not this person intends to make a profit in the course of this activity.
Amendment 255 #
2008/0196(COD)
Proposal for a directive
Recital 11 i (new)
Recital 11 i (new)
(11i) Digital goods transmitted to the consumer in a digital format, where the consumer obtains the possibility of use on a permanent basis or in a way similar to the physical possession of a good with the possibility to store it on his computer, should be treated as goods for the application of the provisions applying to sales contracts. The format in which a product is presented or purchased should not matter in terms of consumer protection and consumers should be equally protected on line and off-line
Amendment 280 #
2008/0196(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Business premises should includeThe definition of "business premises" means any immovable or movable retail premises, in whatever form (such as shops or lorries) which serve as a permanent place of business for the tradercluding seasonal retail premises, where the trader undertakes his activity on a permanent basis. Market stalls and fair stands should not be treated as business premises even though they may be used by the trader on a temporary basis. Other premises which are rented for a short time only and where the trader is not established (such as hotels, restaurants, conference centres, cinemas rented by traders who are not established there) should not be regarded as business premises. Similarly, all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises.
Amendment 298 #
2008/0196(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Consumers should be entitled to receive information before the conclusion of the contract. However traders should not have to provide the information when already apparent from the context. For example in an on-premises transaction, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance and off-premises transactions, the trader should always provide the information on arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the contex to allow them to give a valid and contractual statement.
Amendment 309 #
2008/0196(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Since in the case of distance sales and off premises transactions, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal, which allows him to ascertain the nature and functioning of the goods.
Amendment 310 #
2008/0196(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The starting point of the cooling off period should be linked with the trader’s compliance with his information obligations, otherwise a contract could persist even in cases where the consumer was not properly informed of his rights; yet this creates a disincentive for the trader to perform his information obligations. The system should also allow the consumer to test the goods during the period of withdrawal.
Amendment 318 #
2008/0196(COD)
Proposal for a directive
Recital 27
Recital 27
(27) If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a three- month limitation period should be introduced, provided that the trader has fully performed his contractual obligations. The trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consume to one year.
Amendment 322 #
2008/0196(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised standard withdrawal form to be used by the consumer shwould simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the Community-wide standard form relating for example to the font size.
Amendment 330 #
2008/0196(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Furthermore, in case of distance contracts for the provision of services, for which the performance begins during the withdrawal period (e.g. data files downloaded by the consumer during that period), it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part. Therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement.
Amendment 333 #
2008/0196(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 340 #
2008/0196(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) In many transactions consumers are not provided with enough choices of means of payments or they are charged if they refuse to use certain means. This situation needs to be reflected in a disposition which ensures that the trader will offer to the consumer different means of payment and in case of distance contracts these should include both electronic and non electronic means of payment. As an example, a non electronic system of payment would be the possibility to print an order from the trader’s web site to be paid by cash in a bank or in any other contact point of the trader.
Amendment 344 #
2008/0196(COD)
Proposal for a directive
Recital 40
Recital 40
(40) If the good is not in conformity with the contract, firstly, the consumer should always have the possibility to require the trader to repair the goods or to replace them at the trader's choice unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort. The trader's effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity, the value of the goods and the significance of the lack of conformity. The lack of spare parts should not be a valid ground to justify the trader's failure to remedy the lack of conformity within a reasonable time or without a disproportionate efforchoose between the different remedies provided for by this Directive. The consumer should be entitled to require the trader to repair the goods, to replace them, to have the price reduced or to rescind the contract.
Amendment 361 #
2008/0196(COD)
Proposal for a directive
Recital 43
Recital 43
Amendment 363 #
2008/0196(COD)
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) It is necessary to introduce the direct liability of the producer for defective products. The achievement of the objective to promote and boost consumer confidence to shop cross-border would be greatly helped by the introduction of the direct liability of producer for defective products.
Amendment 366 #
2008/0196(COD)
Proposal for a directive
Recital 45
Recital 45
(45) There is a need to protect consumers against unfair contract terms which have not been individually negotiated, such as standard contract terms. The rules on unfair terms should not apply to terms which the consumer agreed upon follow. The protection against unfair terms should be extended to individually negotiated terms as the consumer will often lack the bargaining power and the knowledge required to be ing a negotiation. Being afforded the possibility to choose between different contract terms which have been drafted by the trader or a third party on behalf of the trader should not be regarded as aposition to influence the content of contract terms during an individual negotiation.
Amendment 367 #
2008/0196(COD)
Proposal for a directive
Recital 46
Recital 46
Amendment 371 #
2008/0196(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Consumer contracts should be drafted in plain, intelligible language and, be legible. Traders should be free to choose the font type or siz and easily and permanently accessible in the language in which the contract terms are draftis concluded. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g.where the consumer reasonably expects to find them (e.g. clearly placed on the trader's website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer's prior and express consent to any payment in addition to the remuneration for the trader's main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited.
Amendment 378 #
2008/0196(COD)
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two non-exhaustive lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemedpresumed to be unfair unless the trader proves otherwise. These same lists should apply in all Member States.
Amendment 381 #
2008/0196(COD)
Proposal for a directive
Recital 52
Recital 52
Amendment 384 #
2008/0196(COD)
Proposal for a directive
Recital 53
Recital 53
Amendment 392 #
2008/0196(COD)
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
(59a) We ask the Commission to bring forward proposals on collective redress for consumers
Amendment 400 #
2008/0196(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
The purpose of this Directive is to achieve a high level of consumer protection and contribute to the proper functioning of the internal market and achieve a high level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States concerning contracts between consumers and traders.
Amendment 403 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) (a) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession; (b) Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not "consumers" in the meaning of the point a.
Amendment 411 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) "vulnerable consumer" means a consumer who is particularly vulnerable to a commercial practice or an underlying product because of, inter alia, his or her mental or physical infirmity, age or credulity, in a way which the trader could reasonably be expected to foresee
Amendment 413 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) "trader" means any natural or legal person and anyone acting in the name or on behalf of the trader, irrespective of whether privately or publicly owned who, in contracts covered by this Directive, is acting for purposes relating to this person's trade, business, craft or profession and anyone acting in the name of or on behalf of a trader, irrespective of whether or not this person intends to make profit in the course of this activity;
Amendment 425 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – introductory part
Article 2 – paragraph 1 – point 4 – introductory part
(4) "goods" means any tangible movable item, with the exception of:or intangible item, including water, gas and electricity, with the exception of goods sold by way of execution or otherwise by authority of law.
Amendment 432 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Amendment 436 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Amendment 440 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point c
Article 2 – paragraph 1 – point 4 – point c
Amendment 482 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 – introductory part
Article 2 – paragraph 1 – point 9 – introductory part
(9) "business premises" means: any immovable or movable retail premises, including seasonal retail premises, where the trader carries on his activity on a permanent basis;
Amendment 483 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point a
Article 2 – paragraph 1 – point 9 – point a
Amendment 485 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Amendment 491 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) "product" means any good or service including immoveable property, rights and obligations;
Amendment 493 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) "public auction" means a method of sale where goods or services are offered by the trader to consumers, who attend or are given the possibility to attend the auction in person, through a competitive bidding procedure run by an auctioneer and where the highest bidder is bound to purchase the goods;
Amendment 504 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 517 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 520 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 543 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Except where provided for in paragraph 2, Member States may adopt or maintain in force more stringent provisions, in the field covered by this Directive, in order to ensure a higher level of consumer protection. 1a. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this DirectiveArticles 12 to 17, including more or less stringent provisions to ensure a different level of consumer protection.
Amendment 563 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or service contract, the trader shall provide the consumer with the following information, if not already apparent from the context: information about the goods or services that the consumer can reasonably expect taking into account the specific circumstances of the contract and related advertisements, including the following:
Amendment 574 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the geographical address of the place of business and the identity of the trader, such as his trading name and, where applicable, the geographical address of the place of business and the identity of the trader on whose behalf he is acting;
Amendment 579 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) contact details including the telephone number and any other means of distance communication enabling the consumer to contact and communicate with the trader rapidly and directly
Amendment 584 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; in case of an open-ended contract, the final price shall mean the total monthly costs
Amendment 596 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional dilige and performance;
Amendment 603 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) the complaint handling policy and the geographical address of the place of business of the trader (and where applicable that of the trader on whose behalf he is acting) where the consumer can address any complaints;
Amendment 604 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d b (new)
Article 5 – paragraph 1 – point d b (new)
(db) the possibility of having recourse to an amicable dispute settlement, where applicable;
Amendment 608 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence, or the absence thereof, of a right of withdrawal, where applicableand the conditions and procedures for exercising that right including the eventual costs of return of the goods, in accordance with Annex 1;
Amendment 618 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) clarification as to who bears the costs of the return of goods after withdrawal, where applicable;
Amendment 619 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e b (new)
Article 5 – paragraph 1 – point e b (new)
(eb) information about the financial guarantees to recover payments made in advance, in case of withdrawal or cancellation;
Amendment 633 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(fa) the existence of codes of conduct and how they can be obtained, where applicable;
Amendment 636 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) the duration of the contract where applicable or if the contract is open-ended, or automatically renewable, the conditions for terminating the contract;
Amendment 644 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) that the contract will be concluded with a trader and as a result that the consumer will benefit from the protection afforded by this Directive
Amendment 645 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i b (new)
Article 5 – paragraph 1 – point i b (new)
(ib) whether the other party is a consumer in case of a contract concluded through an intermediary
Amendment 646 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i c (new)
Article 5 – paragraph 1 – point i c (new)
(ic) the period of time within which the offer will remain available
Amendment 647 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i d (new)
Article 5 – paragraph 1 – point i d (new)
(id) the application of technical protection measures for digital products, where applicable
Amendment 648 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i e (new)
Article 5 – paragraph 1 – point i e (new)
(ie) the interoperability of digital products with hardware and software according to what the trader is aware of or can reasonably have been aware of, including any lack of interoperability
Amendment 660 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The trader shall ensure that information about his geographical address and telephone number, as well as about the price inclusive of taxes and about the existence of a right of withdrawal, is provided in such a way that it is easy to find by the consumer
Amendment 669 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The trader bears the burden of proof that he/she has provided the information required by this Article
Amendment 670 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. The information provided according to this Article shall be given in plain, intelligible language and be legible
Amendment 671 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
Amendment 672 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 d (new)
Article 5 – paragraph 3 d (new)
3d. This Article shall not affect information requirements imposed on traders on the basis of specific Community legislation
Amendment 687 #
2008/0196(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective contract law remedies for any breach of Article 5. If the trader has not complied with any other information requirement as referred to in paragraph 1, the consumer may (a) avoid the contract, unless this is unreasonable in the circumstances; or (b) claim damages for any loss resulting from the failure to comply with the information requirement.
Amendment 694 #
2008/0196(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 696 #
2008/0196(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. This article is without prejudice to national legislations that consider certain contracts concluded through an intermediary as business-to-consumer contracts
Amendment 705 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the information referred to in Articles 5 and 7 and, by way of derogation from Article 5(1)(d), the arrangements for payment, delivery and performance in all cases;
Amendment 707 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) The identity of the representative of the seller in the country of residence of the consumer, where appropriate
Amendment 710 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 713 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 715 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 718 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) Information on the costs of the means of communication;
Amendment 720 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 724 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
Amendment 728 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The trader bears the burden of proof that he/she has provided the information required by this article.
Amendment 747 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. An off-premises contract shall only be valid if the consumer signs an order form and iThe order form shall be provided to the consumer prior to the conclusion of the contract. In cases where the order form is not on paper, the coonsumer receives a copy of the order form on another durable medium. An off-premises contract shall only be valid if the consumer signs the order form.
Amendment 754 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 768 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With respect to distance contracts, the information provided for in Article 9(a)s 5, 7 and 9 shall be given or made available to the consumer prior to thehis conclusion of the contractractual statement, in plain and intelligible language and in so far as this information is made available in writing, it shall be legible, in a way appropriate to the means of distance communication used and it shall be easily, directly and permanently accessible.
Amendment 778 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. In case the contract places the consumer under the obligation to make a payment, the trader shall display this obligation clearly and prominently to the consumer, prior to the consumers’ contractual statement. The order will be binding only if the consumer has confirmed to be aware of this obligation.
Amendment 784 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If, in conformity with the national law applicable, the trader makes a telephone call to the consumer with a view to concluding a distance contract by telephone, the trader shall disclose his identity and, where applicable, the identity of the person on whose behalf he makes the call, and the commercial purpose of the call at the beginning of the conversation with the consumer.
Amendment 793 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the product and the total pricefinal price, the duration of the contract and, if the contract is open-ended, the conditions for terminating the contract referred to in Articles 5(1)(a) and (c) on that particular medium prior to the conclusion of such a contract. The other information referred to in Articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 and the consumer shall be informed thereof on a durable medium prior to the conclusion of such a contract.
Amendment 803 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 814 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 830 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 851 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 855 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 861 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Member States can maintain national provisions prohibiting the parties from performing their obligations during the right of withdrawal.
Amendment 866 #
2008/0196(COD)
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 105(1) and 11(40(1), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligationsone year after the time specified in article 12(2).
Amendment 879 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The consumer shall inform the trader of his decision to withdraw on a durable medium either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in Annex I(B). Returning the subject matter of the contract before the expiration of the withdrawal period is considered a notice of withdrawal.
Amendment 884 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Amendment 891 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For distance contracts concluded on the Internet, if the trader may, in addition to the possibilities referred to in paragraph 1, gives the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader's website. In that case, the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay.
Amendment 900 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer withi, including, if applicable, the costs of delivery, received from the consumer without undue delay, and in any case not later than thirty days from the day on which he receives the communication of withdrawal.
Amendment 913 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 928 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
Amendment 933 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The costs of return of the good shall be borne by the trader if the price of the good to be returned is more than 20 €.
Amendment 936 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminisis not required to pay for: (a) any diminution in thed value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal periodanything received under the contract caused by inspection and testing; (b) any destruction, or loss of, or damage to, anything received under the contract, provided that the consumer used reasonable care to prevent such destruction, loss or damage.
Amendment 947 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. For services contracts, the consumer is liable for any costs incurred up to the point of withdrawal only when he expressly requested the early performance of the contract. Such costs should be reasonable and proportionate to the extent of the service already provided up to the point of withdrawal.
Amendment 948 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. Except as provided in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 995 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
(e) the supply of sealed audio or video recordings or computer software which were unsealed by the consumer, unless the product received by the consumer differs from the product that had been ordered;
Amendment 998 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) the supply of newspapers, periodicals and magazines unless the contract was concluded by telephone;
Amendment 1004 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
(g) gaming and lottery services unless the contract was concluded by telephone;
Amendment 1008 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point h
Article 19 – paragraph 1 – point h
Amendment 1033 #
2008/0196(COD)
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) for the sale or rental of immovable property or relating to other immovable property rights, except for rental and works relating to immovable property;
Amendment 1043 #
Amendment 1046 #
2008/0196(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1059 #
2008/0196(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. This Chapter shall apply to sales contracts. Without prejudice to Article 24(5), where the contract is a mixed- purpose contract having as its object both goods and services, this Chapter shall only apply to the goods.
Amendment 1062 #
2008/0196(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Article 23 a (new) shall apply to service contracts and mixed-purpose contracts having as their object both goods and services
Amendment 1072 #
2008/0196(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1078 #
2008/0196(COD)
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 1083 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, immediately after the conclusion of the contract and in any case within a maximum of thirty days from the day of the conclusion of the contract.
Amendment 1094 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver at the agreed moment, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1either immediately rescind the contract or to receive the good at a later date to be determined by the consumer.
Amendment 1104 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The consumer may rescind the contract under paragraphs 2 or 2a (new) by giving notice to the trader in writing or on another durable medium or by telephone. The trader is required to refund any sums paid within 7 days from the date he receives the consumer's notice.
Amendment 1105 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. If delivery does not take place within the new delivery period under paragraph 2, the consumer is entitled to rescind the contract.
Amendment 1109 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2 c (new)
Article 22 – paragraph 2 c (new)
2c. If arrangements have agreed between the consumer and trader for delivery within a particular period, and delivery does not take place within this period, the consumer has the right to rescind the contract.
Amendment 1115 #
2008/0196(COD)
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22 a Payment 1. The trader will not withdraw or charge the full sum for the goods/services from the customer's account or credit card until the goods/services have been delivered. Where the goods/services amount to a substantial sum or are custom made to order, the trader and consumer may agree between them in an advance payment of a deposit. 2.Traders shall offer consumers at least one means of payment free of charge. 3. Member States shall prohibit traders from charging customers with fees that exceed the cost borne by the trader for the use of such means
Amendment 1130 #
2008/0196(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Duration of contracts 1. Contracts concluded with consumers shall not stipulate a commitment period that exceeds 6 months 2. Beyond 6 months consumers can terminate the contract at any time. Termination can be subject to a previous notice that cannot exceed 2 months.
Amendment 1148 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) they are fit for the purposes for which goods of the same type are normally used orand
Amendment 1153 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point d
Article 24 – paragraph 2 – point d
(d) they show the quality and performance which are normal in goods of the same type andincluding inter alia, durability, safety and availability of spare parts, which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.
Amendment 1161 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or shcould not reasonably have been unaware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
Amendment 1166 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 4 – point b
Article 24 – paragraph 4 – point b
(b) by the time of conclusion of the contract the statement had been corrected by the same means and in due time before;
Amendment 1169 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 4 – point c
Article 24 – paragraph 4 – point c
Amendment 1186 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer iss are entitled to choose between the following remedies:
Amendment 1200 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) have the lack of conformity remedied by repair or replacement,repair
Amendment 1206 #
Amendment 1212 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) have the pPrice reducedtion,
Amendment 1220 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) have the contract rescindedto rescind the contract. The contract shall be rescinded with undue delay and within a maximum period of 30 days following the consumer's request to rescind the contract.
Amendment 1225 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point c a (new)
Article 26 – paragraph 1 – point c a (new)
(ca) Where the contract is a mixed- purpose contract the consumer is entitled to have the entire contract rescinded unless the provision of the service constitutes the predominant part of the contract.
Amendment 1234 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1246 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Amendment 1256 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
Amendment 1262 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. TWith exception of paragraph 1e), the consumer may resort to any remedy available under paragraph 1, where one of the following situations exists:
Amendment 1285 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same defect has reappeared more than once within a short period of timeor other defect has reappeared after the good was repaired or replaced.
Amendment 1313 #
2008/0196(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Without prejudice to the provisions of this Chapter, tThe consumer may claim damages for any loss not remedied in accordance with Article 26, including any non-pecuniary loss caused by the non-conformity in so far as the consumer is entitled to the compensation of such non-pecuniary loss under the law applicable to the contract.
Amendment 1322 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twohree years as from the time the risk passed to the consumer.
Amendment 1337 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by replacementair, the shall be held liable under Article 25 where the lack of conformity becomes apparent within two years asperiod specified under paragraph 1 shall be suspended from the timemoment the consumer or a third party indicated byinforms the trader of the lack of conformity until the moment the consumer has reacquired the material possession of the replacaired goods.
Amendment 1348 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 1352 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. Where the trader has remedied the lack of conformity by replacement, the period specified in paragraph 1 shall start anew as from the moment the consumer as acquired the material possession of the replaced good.
Amendment 1354 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 1360 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six monthsone year of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 1380 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement, theor if the guarantee statement is of disadvantage compared to the advertising on the commercial guarantee, commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
Amendment 1387 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. The guarantee statement shall be drafted in plain intelligible language and be legible. The guarantee shall be drafted in the language of the contract. It shall include the following:
Amendment 1399 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable,include the information that the commercial guarantee cannot be transferred to a subsequent buyer.
Amendment 1406 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
Amendment 1416 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which the consumer agreed to without having the possibility of influencing their content, in particular where such contract terms are part of a pre-formulated standard contractall written and oral contracts concluded between a trader or a third party and a consumer, irrespective of whether they have been individually or collectively negotiated.
Amendment 1426 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1430 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 1436 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Contract terms shall be expressed in plain, intelligible language and be legible, easily and permanently accessible; they should be provided in the language in which the contract is concluded.
Amendment 1439 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. A contract term which has been supplied by the trader in breach of the duty of transparency according this article shall on that ground alone be considered unfair
Amendment 1447 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. The contract terms shall be presented at a place where the consumer reasonably expects to find them
Amendment 1452 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 1471 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attendingto all the circumstances occurring before, during and after the conclusion and to all the other terms of the contract or of another contract on which the former is dependent. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31.
Amendment 1477 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. Where the contract is concluded for the acquisition of digital goods, the terms of use are not considered as the subject matter of the contract
Amendment 1482 #
2008/0196(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Where the trader claims that a contract term has been individually negotiatedis compliant with the transparency requirements of article 31, the burden of proof shall be incumbent on him.
Amendment 1488 #
2008/0196(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that contract terms, as set out in the non-exhaustive list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40. Member States may adopt, or maintain in force, contract terms in addition to that list.
Amendment 1496 #
2008/0196(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
Member States shall ensure that contract terms, as set out in the non-exhaustive list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40Member States may adopt, or maintain in force, contracts terms in addition to that list.
Amendment 1503 #
2008/0196(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 1514 #
2008/0196(COD)
Proposal for a directive
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 1515 #
2008/0196(COD)
Proposal for a directive
Article 40
Article 40
Amendment 1535 #
2008/0196(COD)
Proposal for a directive
Annex 1 – heading 1
Annex 1 – heading 1
EXAMPLE OF INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Amendment 1542 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point a a (new)
Annex 2 – paragraph 1 – point a a (new)
(aa) making the period for termination of an open-ended contract by the trader shorter than that set for the consumer
Amendment 1543 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point c
Annex 2 – paragraph 1 – point c
(c) excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with the trader;
Amendment 1544 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point c a (new)
Annex 2 – paragraph 1 – point c a (new)
(ca) assigning exclusive jurisdiction in all disputes under a contract to the competent court where the trader is resident, unless that court is the competent court where the consumer is resident, too;
Amendment 1545 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point c b (new)
Annex 2 – paragraph 1 – point c b (new)
(cb) enabling the trader, at his own discretion, to set the prices of goods and services which should be set after the conclusion of the contract;
Amendment 1546 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point c c (new)
Annex 2 – paragraph 1 – point c c (new)
(cc) enabling the trader to terminate or modify the contract because of the introduction of the euro.
Amendment 1550 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point e a (new)
Annex 2 – paragraph 1 – point e a (new)
(ea) limiting the fundamental rights of citizens, including the right to privacy, the right to freedom of expression and the right to due process.
Amendment 1571 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point d
Annex 3 – paragraph 1 – point d
(d) allowing the trader to terminate the contract at will where the same right is not granted to the consumer, and allowing the trader, where he himself terminates the contract, to retain amounts paid for services not yet provided by him;
Amendment 1580 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point k a (new)
Annex 3 – paragraph 1 – point k a (new)
(ka) enabling the trader to alter unilaterally, without a valid reason, any characteristics of the product or service to be provided;
Amendment 1581 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point l a (new)
Annex 3 – paragraph 1 – point l a (new)
(la) making an agreement binding on the consumer whereas provision of services by the trader is subject to a condition whose realisation depends on his own will alone;
Amendment 1582 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point l b (new)
Annex 3 – paragraph 1 – point l b (new)
(lb) irrefutably presuming the agreement of the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract;
Amendment 1592 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 2
Annex 3 – paragraph 2
Amendment 1593 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 3 – introductory part
Annex 3 – paragraph 3 – introductory part
Amendment 1594 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 4 – introductory part
Annex 3 – paragraph 4 – introductory part
Amendment 1595 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 4 – introductory part
Annex 3 – paragraph 4 – introductory part
Amendment 17 #
2008/0195(COD)
Proposal for a directive– amending act
–
–
The European Parliament rejects the Commission proposal
Amendment 89 #
2008/0028(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) With a view to provideing consumers with food information that is necessary to make an informed choice, alcoholic mixed beverages should also provide information on their ingredients.
Amendment 101 #
2008/0028(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) To appeal to the average consumer and to serve the informative purpose for which it is introduced, and given the current level of knowledge on the subject of nutrition, the information provided should be simple and easily understood. Research has indicated that consumers find the information in the principal field of view or ‘front of pack’ is useful when making purchasing decisions. Therefore, to ensure that consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the label. The label should be a multiple colour coding system of green, amber and red, combined with the text high, medium and low and communicated per 100g or per 100ml. Research has shown that consumers find the information presented in a multiple colour system easiest to comprehend.
Amendment 194 #
2008/0028(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml or, subject to Article 32(2) and (3), per portion.
Amendment 198 #
2008/0028(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The mandatory nutrition declaration shall be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XI in relation tolevels of the nutrients on the front of pack nutrition declaration referred to in Article 29(1)(a) shall be indicated through a multiple-colour coding system. The colours green, amber and red shall indicate whether a food is low, medium or high in those nutrients. That information shall be communicated per 100 g or per 100 ml or per portion. When provided, the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes . The definition of the reference amounts for high, medium and low levels of those nutrients shall be established in accordance with the regulatory procedure with scrutiny referred to in Article 49(3), basetd out in point 1 of Part A of Annex XIn an opinion of the European Food Safety Authority.
Amendment 203 #
2008/0028(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The declaration of polyols and/or starch and the declaration of type of fatty acids, other than the mandatory declaration of saturates and trans fats referred to in Article 29(1)(b), shall be presented in accordance with Annex XIII Part B.
Amendment 205 #
2008/0028(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. In addition to the nutrition declaration per 100g or per 100ml referred to in Article 31(2), the information may be expressed per portion as quantifiedon the back onf the label, provided thatpack with an indication of the number of portions contained in the package is statedprovided that the portion size is based on an opinion of the European Food Safety Authority.
Amendment 206 #
2008/0028(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2