1380 Amendments of Danuta JAZŁOWIECKA
Amendment 74 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into the labour market, notably for youth, the long-term unemployed and the inactive, as well as through promoting self–employment and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhancfacilitate workers’ mobility. The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
Amendment 92 #
2018/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The ESF+ should provide support to improving the quality, effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards entrepreneurial and digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. The ESF+ should help progression within education and training and transition to work, support lifelong learning and employability, and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This could be achieved for example through work-based learning and apprenticeships, lifelong guidance, skills anticipation in cooperation with industry, up-to-date training materials, forecasting and graduate tracking, training of educators, validation of learning outcomes and recognition of qualifications.
Amendment 108 #
2018/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The ESF+ should promote flexible upskilling and reskilling opportunities for all, notably entrepreneurial and digital skills and key enabling technologies, with a view to providing people with skills adjusted to digitalisation, technological change, innovation and social and economic change, facilitating career transitions, mobility and supporting in particular low-skilled and/or poorly qualified adults, in line with the Skills Agenda for Europe.
Amendment 117 #
2018/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The ESF+ should support Member States’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities. This implies mobilising a range of policies and strategies targeting the most disadvantaged people regardless of their age, including children, people with disabilities, marginalised communities such as the Roma, and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as healthcare and long-term care, in particular family and community- based care services. The ESF+ should contribute to the modernisation of social security institutions and public employment services and social protection systems with a view in particular to promoting their accessibility and effectiveness in responding to the changing realities of world of work.
Amendment 309 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to employment of all jobseekers, in particular youth anddisadvantaged groups such as youth, older people, long- term unemployed, and ofpersons with disabilities, as well as inactive people, promoting self-employment and the social economy;
Amendment 339 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iv
Article 4 – paragraph 1 – point iv
(iv) improving the quality, effectiveness and labour market relevance of education and training systems, to support acquisition of key competences including entrepreneurial and digital skills;
Amendment 353 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vi
Article 4 – paragraph 1 – point vi
(vi) promoting lifelong learning, notably flexible upskilling and reskilling opportunities for all taking into account entrepreneurial and digital skills, better anticipating change and new skills requirements based on labour market needs, facilitating career transitions and promoting professional mobility;
Amendment 367 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point ix
Article 4 – paragraph 1 – point ix
(ix) enhancing the equal and timely access to quality, sustainable and affordable services; modernising social security institutions and public employment services and social protection systems, including promoting access to social protection; improving accessibility, effectiveness and resilience of healthcare systems and long-term care services;
Amendment 375 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point xi a (new)
Article 4 – paragraph 1 – point xi a (new)
(xia) (xii) enhancing institutional capacity of public authorities and stakeholders and efficient public administration;
Amendment 377 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point xi b (new)
Article 4 – paragraph 1 – point xi b (new)
(xib) (xiii) increasing the socioeconomic integration of marginalised communities, migrants and disadvantaged groups, through integrated measures including housing and social services;
Amendment 378 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point xi c (new)
Article 4 – paragraph 1 – point xi c (new)
(xic) (xiv) improving accessibility to goods, services and physical environment in order to enable persons with disabilities to live independently and participate fully in all aspects of life, on an equal basis with others.
Amendment 381 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point 2 a (new)
Article 4 – paragraph 2 – point 2 a (new)
2a. 3. a Europe closer to citizens through poverty reduction and social inclusion measures taking into account the specificities of urban, rural and coastal areas in view of tackling the socio- economic inequalities in cities and regions.
Amendment 454 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall allocate an appropriate amount of their ESF+ resources under shared management to address challenges identified in relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU and in the European Semester falling within the scope of the ESF+ as set out in Article 4. This will be complemented by sufficient flexibility at managing authority level to identify priorities and areas for ESF+ investments in line with the specific local or regional challenges.
Amendment 535 #
2018/0206(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The actions addressing the challenges identified in relevant country-specific recommendations (CSRs) and in the European Semester as referred to in Article 7(2) shall be programmed under one or more dedicated priorities. Sufficient flexibility shall be ensured at managing authority level to identify priorities and areas for ESF+ investments in line with the specific local or regional challenges, due to annual character of CSRs and multiannual character of the ESF+ programming.
Amendment 541 #
2018/0206(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Integrated territorial development 1. The ESF+ may support integrated territorial development within programmes under both goals referred to in Article 4(2) of Regulation(EU) 2018/xxxx [new CPR] in accordance with Chapter II of Title III of that Regulation[new CPR]. 2. Member States shall implement integrated territorial development, supported by the ESF+, exclusively through the forms referred to in Article [22] of Regulation (EU) 2018/xxxx [new CPR].
Amendment 554 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may support the upscaling of innovative approaches tested on a small-scale (social innovation and social experimentations) developed under the Employment and Social Innovation strand and other Union programmes.
Amendment 555 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Innovative actions and approaches may be programmed under any of the specific objectives set out in points (i) to (x) of Article 4(1).
Amendment 558 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Each Member State shall dedicate at least one priority to the implementation of paragraphs 1 or 2 or to both. The maximum co-financing rate for these priorities may be increased to 95% for the allocation of maximum 5% of the national ESF+ allocation under shared management to such priorities. The implementing and audit rules for such actions shall be sufficiently flexible to allow risk-taking and creativity.
Amendment 593 #
2018/0206(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The delivery of food and/or material assistance mayshall be complemented with re-orientation towards competent services and other accompanying measures aiming at the social inclusion of the most deprived persons.
Amendment 156 #
2018/0202(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
The EGF is an emergency fund which will operate reactively and shall contribute to a better distribution of the benefits of globalisation and technological advance by helping displaced workers adapt to structural change. As such, the EGF shall contribute to the implementation of the principles defined under the European Pillar of Social Rights and enhance social and economic cohesion among regions and Member States.
Amendment 180 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the cessation of activity of more than 2500 displaced workers or self- employed persons, over a reference period of four months, in an enterprise in a Member State, including where that cessation applies in its suppliers or downstream producers;
Amendment 182 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the cessation of activity of more than 2500 displaced workers or self- employed persons, over a reference period of six months, particularly in SMEs, where all operate in the same or different economic sector defined at NACE Revision 2 division level and located in one region or two contiguous regions defined at NUTS 2 level or in more than two contiguous regions defined at NUTS 2 level provided that there are more than 250 workers or self-employed persons affected in two of the regions combined;
Amendment 186 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
Amendment 193 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. In small labour markets or in exceptional circumstances, in particular with regard to applications involving SMEs, where duly substantiated by the applicant Member State, an application for a financial contribution under this Article may be considered admissible even if the criteria laid down in points (a), (b) or (cb) of paragraph 1 are not entirely met, when the redundancies have a serious impact on employment and the local or regional economy. The applicant Member State shall specify which of the intervention criteria set out in points (a), (b) or (cb) of paragraph 1 are not entirely met. The aggregated amount of contributions in exceptional circumstances may not exceed 15 % of the annual ceiling of the EGF.
Amendment 198 #
2018/0202(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
By way of derogation from Article 5, applicant Member States may provide personalised services co-financed by the EGF to up to a number of NEETs under the age of 25, or where Member States so decide under the age of 30, on the date of submission of the application, equal to the number of targeted beneficiaries, as a priority to persons made redundant or whose activity has ceased, provided that at least some of the redundancies within the meaning of Article 4 occur in NUTS 2 level regions. The support may be rendered to NEETs under the age of 25, or where Member States so decide under the age of 30, in those NUTS 2 level regions.
Amendment 204 #
2018/0202(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
The dissemination of skills required in the digital industrial age is a mandatory horizontal element of any package of personalised services offered. The level of training shall be adapted to the qualifications, skills and the needs of the respective beneficiary.
Amendment 232 #
2018/0202(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. On the basis of the information provided by the Member State, the Commission shall complete its assessment of the application’s compliance with the conditions for providing a financial contribution, within 630 working days of the receipt of the complete application or, where applicable, of the translation of the application. Where the Commission is unable, exceptionally, to comply with that deadline, it shall provide a written explanation setting out the reasons for the delay.
Amendment 266 #
2018/0202(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State shall carry out the eligible measures set out in Article 8 as soon as possible, andwhich means that the measures will be implemented from at the latest 6 months after the date of entry into force of the decision on the financial contribution and carried out at the latest within 24 months after the date of entry into force of the decision on the financial contribution.
Amendment 24 #
2018/0076(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to facilitate the functioning of the Single Market and end the barriers between payment service users in the euro area and non-euro area Member States in respect of all cross-border payments in euro, it is necessary to ensure that charges for cross- border payments in euroany currency of the Union taking place within the Union are progressively aligned with charges for domestic payments made in the official currency of athe Member State in which the payment service provider provides its services to the payment service user.
Amendment 45 #
2018/0076(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 60 #
2018/0076(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 62 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 924/2009
Article 1– paragraph 1
Article 1– paragraph 1
1. This Regulation lays down rules on cross-border payments and transparency of currency conversion charges within the Union”,.
Amendment 67 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 924/2009
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Charges levied by a payment service provider on a payment service user in respect of cross-border payments in euro shall be the same as the charges levied by that payment service provider on payment service users for corresponding national payments of the same value and in the official currency of the payment service user’s Member State.”Member State in which the payment service provider provides its services to the payment service user.",
Amendment 72 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Regulation (EC) No 924/2009
Article 3 – paragraph 1 –a (new)
Article 3 – paragraph 1 –a (new)
(aa) Paragraph 1 -a is inserted: 1 -a. From [two years after the entry into force of this amending Regulation], charges levied by a payment service provider on a payment service user in respect of cross-border payments in any currency of the Union shall be the same as the charges levied by that payment service provider on payment service users for corresponding national payments of the same value and in the official currency of the Member State in which the payment service provider provides its service to the payment service user.
Amendment 88 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 2
Article 3 a – paragraph 2
Amendment 105 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 924/2009
Article 3 b (new)
Article 3 b (new)
Amendment 52 #
2018/0064(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour Authoritgency (text with relevance for the EEA and for Switzerland) (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 59 #
2018/0064(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour Authoritgency (text with relevance for the EEA and for Switzerland) ((This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.))
Amendment 72 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairnesenforce rules and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptions, where functioning structures for mediation are not yet in place at Union level.
Amendment 73 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authoritgency (the ‘Authoritgency’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authoritgency should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations and cross-border provision of services as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 77 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authoritgency (the ‘Authoritgency’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authoritgency should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations and cross-border provision of services as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 78 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authoritgency should perform its activities in the areas of cross-border labour mobility, cross-border provision of services and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authoritgency, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third- country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 82 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authoritgency should contribute to facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member Statesnational law. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/72.48 . _________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 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 (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 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 are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 92 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authoritgency should cooperate withfacilitate coordination between other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authoritgency should also explore synergies with the proposed European services e-card.59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The AuthoritThe Agency should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. _________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 94 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authoritgency should perform its activities in the areas of cross-border labour mobility, cross-border provision of services and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authoritgency, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 96 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third- country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 98 #
2018/0064(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authoritgency should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of a Member State, Member States orand upon their agreement to the Authority's suggestion. The Authorit. The Agency should provide strategic, logistical, and technical support if needed to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of the Member States concernedon which territory the inspection is being carried out, which should follow up on the outcomes of the concerted and joint inspections according to that Member State's national law.
Amendment 109 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authoritgency should contribute to facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member Statesnational law. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . __________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 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 (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 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 are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 121 #
2018/0064(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authoritgency should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons and employers; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members.
Amendment 130 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the European Labour Authoritgency (‘the Authoritgency’).
Amendment 136 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authoritgency shall assist Member States and the Commission in matters relating to cross-border labour mobility, cross-border provision of services and the coordination of social security systems within the Union.
Amendment 144 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authoritgency shall be to contribute to ensuring fair labour mobility and cross-border provision of services in the internal market. To this end, the Authoritgency shall:
Amendment 152 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authoritgency should cooperate withfacilitate coordination between other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authoritgency should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The AuthoritThe Agency should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. __________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 154 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. Among other goals, such cooperation should prevent potential duplication of the activities of the Authority and activities of Union initiatives and networks. The Authority should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The Authority should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. __________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 169 #
2018/0064(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authoritgency should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of a Member State, Member States orand upon their agreement to the Authority's suggestion. The Authorit. The Agency should provide strategic, logistical, and technical support if needed to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of the Member States concerned which territory the inspection is being carried out, which should follow up on the outcomes of the concerted and joint inspections according to that Member State's national law.
Amendment 179 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations; and cross-border provision of services
Amendment 207 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) facilitate the follow-up to requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases; if requested by concerned Member States
Amendment 212 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines; if requested by concerned Member States
Amendment 215 #
2018/0064(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level and sectorial social partners. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
Amendment 223 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authoritgency shall coordinate concerted or joint inspections in the areas under the scope of the Authoritgency’s competences. The request may be submitted by one or several Member States. The Authoritgency may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection. Member States take part in the concerned or joint inspection only after their agreement
Amendment 226 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A Member State may decide not to take part in a concerned or joint inspection. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to in paragraph 1, it shall inform the Authoritgency in writing of the reasons for its decision duly in advancebefore the beginning of the planned inspection. In such cases, the Authoritgency shall inform the other national authorities concerned.
Amendment 227 #
2018/0064(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Within the framework of their respective competences, the Authority should cooperate with other agencies of the Union, in particular those established in the area of employment and social policy, building on their expertise and maximising synergies: the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Centre for the Development of Vocational Training (Cedefop), the European Agency for Safety and Health at Work (EU- OSHA), and the European Training Foundation (ETF), as well as, as regards the fight against organised crime and trafficking in human beings, with the European Union Agency for Law Enforcement Cooperation (Europol) and European Union Agency for Criminal Justice Cooperation (Eurojust). Among other goals, such cooperation should prevent potential duplication between the activities of the Authority and activities of other Union agencies.
Amendment 230 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating Member States before the beginning of such an inspection via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential.
Amendment 233 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 235 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerned where the inspection is taking place. Inspections are being carried out under the supervision of the national relevant authority of the Member State where the inspection is taking place.
Amendment 237 #
2018/0064(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complement the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulations.
Amendment 237 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Authoritgency shall provide logistical and technical support if requested by the Member States concerned, which may include translation and interpretation services, to Member States carrying out concerted or joint inspections.
Amendment 240 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Under no circumstances shall the Agency have the competences to impose fines or sanctions, which fall under exclusive competences of the Member States. The Agency may coordinate and support the cross-border enforcement of administrative penalties and/or fines as provided for in Chapter VI of the Directive 2014/67/EU.
Amendment 243 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Parties being subject of the inspection shall receive the post- inspection report and shall have the right to refer to it and challenge findings following national law of the Member State, on which territory the inspection has been carried out.
Amendment 265 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authoritgency shall assist Member States and the Commission in matters relating to cross-border labour mobility, cross-border provision of services and the coordination of social security systems within the Union.
Amendment 265 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role, without prejudice to the procedures envisaged by the decision No A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents, the determination of the applicable legislation and the provision of benefits under Regulation No 883/2004 of the European parliament and the Council.
Amendment 285 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authoritgency shall be to contribute to ensuring fair labour mobility and cross-border provision of services in the internal market. To this end, the Authority shall:
Amendment 289 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fairenforcement of labour mobility rules in the internal market. To this end, the Authority shall:
Amendment 312 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive for gender and geographical balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.
Amendment 396 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Authoritgency shall improve the availability, quality, reliability and accessibility of information offered to individuals and employers to facilitate labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authoritgency shall:
Amendment 397 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Authority shall improve the availability, quality, comprehensibility and accessibility of information offered to individuals and employers to facilitate labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall:
Amendment 403 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations and cross-border provision of services;
Amendment 424 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) support Member States in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU and in Article 1(2) of Directive 2018/957/EU, especially providing support with the proper functioning of single official national websites;
Amendment 427 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) support Member States in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU; especially support with the proper functioning of single official national websites;
Amendment 429 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) support Member States in improving the accuracy, completeness, comprehensibility and user-friendliness of relevant national information services, in accordance with the quality criteria laid down in Regulation [Single Digital Gateway – COM(2017)256], by providing Member States with relevant feedback;
Amendment 430 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) support Member States in improving the accuracy, completeness and user-friendliness of relevant national information services and sources, in accordance with the quality criteria laid down in Regulation [Single Digital Gateway – COM(2017)256];
Amendment 444 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authority shall provide free of charge services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall:
Amendment 453 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) cooperate with other Union initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point, in particular to identify and overcome cross-border obstacles to labour mobility; and cross- border provision of services;
Amendment 476 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) facilitate the follow-up to requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases if requested by concerned Member States;
Amendment 494 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines, while respecting the national legal framework for both court and administrative procedures;
Amendment 497 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines if requested by concerned Member States;
Amendment 548 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authoritgency shall coordinate concerted or joint inspections in the areas under the scope of the Authoritgency’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection. Member States take part in the concerned or joint inspection only after their agreement.
Amendment 558 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A Member State may decide not to take part in a concerned or joint inspection. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authoritgency in writing of the reasons for its decision duly in advancebefore the beginning of the planned inspection. In such cases, the Authoritgency shall inform the other national authorities concerned.
Amendment 575 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating Member States before the beginning of the inspection via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential.
Amendment 576 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating Member States before the beginning of such an inspection via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential.
Amendment 589 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. An agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States and the Authoritgency shall set out the conditions for carrying out such an exercise, especially the scope of the inspection and the applicable law. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authoritgency shall establish a model agreement after consulting all Member States.
Amendment 599 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerned where the inspection is taking place. Inspections are being carried out under the supervision of the national relevant authority of the Member State where the inspection is taking place.
Amendment 609 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Authoritgency shall provide logistical and technical support if requested by the Member States concerned, which may include translation and interpretation services, to Member States carrying out concerted or joint inspections.
Amendment 612 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Concerted and joint inspections shall on the territory of each Member State exclusively produce legal effects envisaged by law of the respective Member State.
Amendment 632 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Parties being subject of the inspection shall receive the post- inspection report and shall have the right to refer to it and challenge findings in accordance with national law of the Member State, on which territory the inspection has been carried out.
Amendment 640 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. Joint inspections as well as their legal consequences, decisions on administrative fines and penalties as well as rights and obligations of the parties being subject of the inspection shall be with no prejudice to the law applicable on the territory of a Member State where the inspection is taking place.
Amendment 648 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. In the event that the Authority, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyond the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate.
Amendment 661 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shallgency shall, in cooperation with Member States, assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility and cross-border provision of services. For that purpose, the Authoritgency shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission or a Member State, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 672 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a a (new)
Article 11 – paragraph 2 – point a a (new)
(aa) identify, analyse and take appropriate measures towards any national provisions which are not proportionate, justified or non- discriminatory as well as any barriers towards cross-border labour mobility and cross-border provision of services;
Amendment 685 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop non-binding common guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;
Amendment 688 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop common guidelines for optional use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;
Amendment 706 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role, without prejudice to the procedures envisaged by the decision No A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents, the determination of the applicable legislation and the provision of benefits under Regulation No 883/2004 of the European parliament and the Council.
Amendment 723 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authoritgency shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authoritgency may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute. Member States concerned take actively part in the mentioned procedure and make at disposal any relevant and/or requested information. The parties being subject of the mediation such as employers, employees, self- employed persons shall also be consulted and involved.
Amendment 791 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation. All Member States shall be entitled to appoint representatives to all working groups or expert panels.
Amendment 847 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive for gender and geographical balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.
Amendment 928 #
2018/0064(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. No later than fivthree years after the date referred to in Article 51, and every five years thereafter, the Commission shall assess the Authority's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Authority, and the financial implications of any such modification, including by further synergies and streamlining with Agencies active in the area of employment and social policy.
Amendment 146 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 21
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 21
Poland 515
Amendment 5 #
2017/2008(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas women's economic empowerment and equal opportunities in the labour market are crucial for women individually but also instrumental for EU's economic growth with positive impact on GDP, inclusiveness and competitiveness of businesses as well as challenges related to the ageing population in the EU
Amendment 12 #
2017/2008(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas gender equality policies have a strong impact on GDP and by 2050, improving gender equality would lead to an increase in EU GDP per capita by 6.1 to 9.6%, which amounts to €1.95 to €3.15 trillion (EIGE's estimates)
Amendment 27 #
2017/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that equal opportunities for economic independence and the guaranteeimplementation of the principle of equal pay for male and female workers for equal work andor work of equal value applied by the Member States as defined in the article 157 of TFEU are necessary steps for women’'s economic empowerment;
Amendment 38 #
2017/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to promote the well-being of women, by tackling the pay and pension gaps and combating atypical and insecurethe abuse of atypical forms of work and employment, such as temporaryhe use of contracts or involuntary part-time workwhich do not correspond to the nature and frequency of the work performed in accordance with the national law;
Amendment 47 #
2017/2008(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that preventing and eliminating the gender pension gap and reducing women's poverty in the old age first and foremost depend on creating conditions for women to make equal pension contributions through further inclusion into the labour market and safeguarding equal opportunities in terms of pay, career advancement and possibilities to work full-time;
Amendment 66 #
2017/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. points out that digitalisation has a profound impact on the labour market by changing value chains, conditions and nature of work as well as creating new job opportunities and more flexible working patterns; notes that opportunities for flexible and teleworking arrangements brought about by digitalisation may serve as a an effective tool for further inclusion of women into the labour market as well as better reconciliation of professional and domestic duties for both women and men;
Amendment 72 #
2017/2008(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. highlights that improving digital skills and IT-literacy among women and boosting inclusion into the ICT, which is one of the highest paying sectors, could contribute to their economic empowerment and independence resulting in the reduction of the total gender wage gap;
Amendment 74 #
2017/2008(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Points out that the demand for digital technology professionals in the EU has grown by 4% annually in the last ten years and the number of unfilled vacancies for ICT professionals is expected to double by 2020; calls therefore on the Member States and the Commission to advance their efforts to promote digital skills and e-literacy among women and girls, who remain underrepresented in this sector, from the earliest stages at school and going through the whole educational cycle as well as in the framework of life-long learning;
Amendment 77 #
2017/2008(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Encourages Member States to introduce age appropriate ICT education at early stages with a particular focus on inspiring and supporting girls to pursue their interest and talents in the digital field and safeguarding them from constraining and negative stereotyping which discourage girls from advancing their e-skills;
Amendment 79 #
2017/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls Recognises that domestic work and provision of household services, which are largely feminised, are often perfor measures to guarantee the economic and social dignity of feminised work, such as domestic workd as undeclared work; calls on the Member States to promote and further develop the formal sector of domestic services through facilitation and incentives to employ domestic workers with the aim of reducing the undeclared work and improving reconciliation of private and professional life for the working families;
Amendment 88 #
2017/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on policy makers, also through the European Platform Tackling Undeclared Work, to recognise household services, family employment and home- care as a valuable economic sector which needs to be better regulated within the Member States with a view to create both secure position for domestic workers and provide families with a capacity to assume their role as employers;
Amendment 99 #
2017/2008(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to enforce laws and workplace policies that prohibitsure proper application of the existing equal treatment legislation in order to eliminate gender-based discrimination in the recruitment, retention and promotion of women in employment in both the public and private sectors and at work in both the public and private sectors and to offer women a level-playing field in terms of pay and career advancement;
Amendment 113 #
2017/2008(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. RecallHighlights the importance of the Women on Boards Directive and calls on the Member States to ensure equal representation and leadership equal representation of women and men in decision-making position in both the public and private sector; recalls the importance of the Women on Boards Directive which aims at balancing the labour market, in economic andshare of the under-represented sex in non-executive board-member polsitical decision-making structures and institutions, as well as in enterprises and on corporate boardons in publicly listed companies, with the exception of small and medium enterprises;
Amendment 126 #
2017/2008(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to strengthen and enforce the full exercise of the right of collective bargaining in the private and public sectorssocial partners to use collective bargaining to advance equal opportunities for women and men, to ensure that the existing equal treatment legislation is applied in practice as well as to address and combat the gender pay gap;
Amendment 129 #
2017/2008(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to implement and enforce public social care policies as well as to provide quality childcare fafurther develop care facilities for the dependent, including children and elderly, with the view of enhancing reconciliaties and promote the equal sharing of unpaid domestic work and co- responsibility in care.on of private and professional life for the working families and increasing women's participation in the labour market as a precondition for women's economic empowerment;
Amendment 137 #
2017/2008(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Encourages the Member States based on the provisions of the Public Procurement Directive (2014/24/EU) to promote the use of social clauses in public procurement as a tool for enhancing equality between women and men where relevant national legislations exists and can act as a ground for social clauses;
Amendment 1 #
2017/2003(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the collaborative economy offers many opportunities for growth and jobs, especially for people who are distant from the labour market, such as young people, students, women and seniors, and provides innovative new services for citizens and consumers;
Amendment 3 #
2017/2003(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission communication entitled ‘A European Agenda for the collaborative economy’ stresses the increasing significance of the platform economy, its important contribution to growth and jobs by providing new opportunities for citizens and innovative entrepreneurs, and its impact on economic and employment policies;
Amendment 5 #
2017/2003(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas with the Communication on a European agenda for the collaborative economy, the EU provides welcomed guidelines on applicable EU rules and recommendations to help citizens, businesses and EU countries to fully benefit from these new business models and promote a balanced and fair development of the collaborative economy;
Amendment 16 #
2017/2003(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Commission communication on collaborative economy is a starting point of the EU contribution to a balanced and fair development of the collaborative economy, given the rapid evolution of this economy and its related regulatory loopholes and uncertainties that still must be clarified;
Amendment 20 #
2017/2003(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas the European Commission and the Member States need to address more deeply the social dimension of the collaborative economy by providing in depth analysis and data on new forms of employment, by monitoring the evolving regulatory environment and by encouraging the exchange of good practices among EU countries, in order to overcome the social challenges related to this new economy;
Amendment 29 #
2017/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a clear distinction between ‘professional’ and ‘non-professional’ platforms and to recognise activities in the platform economy that are properly categorised as ‘work’platforms with a lucrative business model and those based on the sharing of costs, resources or skills, in order to ensure a level playing field for EU businesses and citizens; in parallel, calls for a clear distinction between non-professional peer-to-peer activity and service providers acting in their professional capacity by further developing sector specific criteria and thresholds, in collaboration with relevant stakeholders; amongst service providers, underlines the need to distinguish employees and self-employed, in order to apply them rights and duties accordingly;
Amendment 48 #
2017/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts; recalls in this context that, for the purpose of applying EU law, the Court of Justice has defined the concept of ‘worker’ on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of workthe existence of a subordination link, the presence of a remuneration and the nature of work, even so EU Member States are responsible for deciding who is to be considered a worker in their national legal order; calls also to clarify self- employment in order to prevent bogus self-employment and to ensure the rights of self-employed workers;
Amendment 60 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls foron the European Commission, in cooperation with Member States and social partners, to carefully evaluate the influence of the collaborative economy on the forms of employment and working conditions and consider taking necessary actions such as a framework directive on working conditions in the platform economy in order to guarantee the legal situation of platform workers and to ensure that all platform workers have the samadequate social and employment rights ands well as health and safety protection as workers in the traditionalcomparable to other forms of employment taking into account specificities of the collaborative economy;
Amendment 70 #
2017/2003(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes note of the multiplication of national and local regulatory initiatives affecting the collaborative economy; Stresses the importance of rapid clarification at European level of the applicable rules in order to limit the fragmentation of the internal market;
Amendment 91 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for more reliable data on joband evidence on jobs, skills and working conditions in the platform economy and, if necessary, for the adjustment of related policies to create a level playing field between the platforms and traditional economiebusinesses, especially SMEs, in particular in the field of consumer protection, taxation and working conditions;
Amendment 104 #
2017/2003(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines that the collaborative economy fosters entrepreneurship; Stresses the need to adapt training mechanisms to this new kind of businesses;
Amendment 107 #
2017/2003(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the national public employment services and the EURES Network to communicate better on the opportunities offered by the collaborative economy;
Amendment 125 #
2017/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Commission and the Member States to reflect on the appropriate means to ensure that digital platforms inform providers on the regulatory framework that has to be complied with, when offering services, as individuals using platforms are sometimes not even aware of the requirements they should fulfil; considers that digital platforms should play a more proactive role in checking whether the service provider fulfils its legal requirements; Calls on Member States to operate specific controls in order to check if operators stick to the rules, especially in terms of taxation, consumer protection, working conditions and skills requirements;
Amendment 132 #
2017/2003(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasizes that the economic model of collaborative economy is based on users' trust, particularly in online comments; calls in this context on the European Commission to propose tools for certification of online consumer opinions in order to allow users to have reliable and fair information on the quality of the services offered on collaborative platforms;
Amendment 141 #
2017/2003(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that constant accessibility represnectivity can help for a better work life balance by facilitating working time arrangements; a serious health and safety risk in the platform economy; advocates the establishment of a ‘right to log off’.cknowledges however the need to assess the effects of collaborative economy on health and safety at work and to adapt accordingly the existing health and safety framework;
Amendment 150 #
2017/2003(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that the collaborative economy has flourished mainly so far in urban areas; Stresses therefore the importance of deploying broadband in rural areas in order to enable all EU territories to benefit from the potential of the collaborative economy, especially in terms of employment; Calls for Member States to strengthen financial and human resources to enable people from rural areas to acquire basic digital skills;
Amendment 28 #
2017/2002(INI)
Motion for a resolution
Recital A
Recital A
A. whereas skills have a strategic importance for employability, growth, innovation and social cohesion and the complexity of jobs is increasing across all sectors and occupations and there is inflation in relative skills demand, even for low-skilled jobs;
Amendment 43 #
2017/2002(INI)
Motion for a resolution
Recital E
Recital E
E. whereas skills mismatches is a worrying phenomenon affecting individuals and businesses, creating skill gaps and skill shortages and is one of the causes of unemployment17 ; whereas 26% of EU adult employees lack the skills they need for their job; _________________ 17 http://www.cedefop.europa.eu/en/events- and-projects/projects/assisting-eu- countries-skills-matching
Amendment 58 #
2017/2002(INI)
Motion for a resolution
Recital G
Recital G
G. whereas equality between women and men is a fundamental principle of the European Union enshrined in the Treaties and is one of the objectives and responsibilities of the Union; whereas, furthermore, mainstreaming the principle of equality between women and men in all its activities, such as access to education and training, is a specific mission of the Union;
Amendment 95 #
2017/2002(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas according to some studies only 5% of professions may disappear due to full automatisation and whereas the majority of professions will need new skills in order to profit from automatisation and maximise productivity;
Amendment 122 #
2017/2002(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Agrees with the focus on the need to upgrade the European education and training systems in line with the fast changing economic and societ, societal and technological environment; notes that, while skills needs are dynamic, the main focus of the skills package is the immediate needs of the labour market; highlights in this respect the importance of a pan- European skills needs forecasting tool and lifelong learning with a view to adapting to new situations in the labour market;
Amendment 188 #
2017/2002(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines that there is a need to develop complex education and training systems to provide learners with different types of skills: basic skills (literacy, numeracy and digital skills); advanced generic skills (such as problem solving, learning etc.); professional, technical, occupation-specific or sector-specific skills as well as socio-emotional skills;
Amendment 194 #
2017/2002(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Underlines that understanding specific needs of low-skilled adults and providing them with tailor-made training is an essential step in designing more effective training programmes; reminds that responsiveness and adaptability in light of gathered experience and changing circumstances are crucial elements of an effective education process;
Amendment 227 #
2017/2002(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks for concrete measures to be put in place in order to facilitate the transition of young people from education to work by ensuring quality internships and apprenticeships, providing them with practical on-the-spot training, giving young people the possibility of putting their talents into practice and have a set of rights and access to social protection;
Amendment 353 #
2017/2002(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Underlines the importance of investing in teachers and equipping them with new skills and teaching techniques in line with technological and societal developments; underlines the role of teachers as mentors, who should be able to teach students and future employees how to look for reliable information, how to analyze it and use it for specific purpose;
Amendment 512 #
2017/2002(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Calls on the Commission to organise once a year an "European Skills Forum" to enable relevant authorities, education institutions, practitioners, students, employers and employees to exchange best practice on skills forecast, development and validation;
Amendment 78 #
2017/0355(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. Principle 5 also provides that necessary flexibility for employers to adapt swiftly to changes in the economic context must be ensured. Accordingly, rules applicable to non-standard forms of employment must strike a balance between the need to maintain flexibility in order to foster labour market development, and the entitlement of all workers to social protection.
Amendment 84 #
2017/0355(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. It must be recognized that flexible forms of employment also have a positive impact on the labour market and workers, as they foster innovation and facilitate access to the labour market to individuals who are not apt to work in a standard form of employment. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 104 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 106 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 193 #
2017/0355(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest on the first day7 days after the start of the employment.
Amendment 206 #
2017/0355(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 or other sector specific regulations they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless Member Statesthe law of the Member State governing the employment relationship provides otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks. __________________ 38 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 (OJ L 18, 21.1.1997, p. 1).
Amendment 224 #
2017/0355(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 as well as within other sector specific legislation regulating working time. Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 267 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three of this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of protection of workers is not lowered.
Amendment 291 #
2017/0355(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 292 #
2017/0355(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 383 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services fperforms work in accor dand under the direction of another person in return for remunece with national law and practionce;
Amendment 387 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remunework in accordance with national law and practionce;
Amendment 392 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 401 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘employment relationship’ means the work relationship between workers and employers as defined abovby national law and practice;
Amendment 524 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship7 days from the start of employment. That document may be provided and transmitted electronically as long as it is easily accessiblethis is accepted by the worker and as long as it can be stored and printed.
Amendment 538 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall, in cooperation with social partners, develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means. Such templates and models may be further adapted to sector specific needs.
Amendment 560 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a written document or electronically by the employer to the worker at the earliest opportunity and at the latest on the day7 days after it takes effect.
Amendment 574 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the country or countries in which the work abroad is to be performed and its anticipated duration;
Amendment 576 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) where applicable, the benefits in cash or kind attendant on the work assignment(s), which includes in the case of posted workers covered by Directive 96/71/EC any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging;
Amendment 585 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the remuneration to which the worker is entitled in accordance with the applicable law of the host Member State according to the information provided on the single official national website pursuant to Article 5(2) of the Directive 2014/67/EU;
Amendment 593 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to thespecific provisions of laws, regulations and administrative or statutory provisionacts or collective agreements governing those particular points, provided that such collective agreements are easily accessible for workers.
Amendment 603 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Unless the law of Member States which governs the employment contract provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.
Amendment 643 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests or any regulations concerning working time including sector specific solutions.
Amendment 675 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) Member States may, in cooperation with social partners, establish sector specific provisions if needed.
Amendment 706 #
2017/0355(COD)
Proposal for a directive
Article 10
Article 10
Amendment 778 #
2017/0355(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall take all necessary measures to ensure that provisions contrary to this Directive in existing individual or collective agreements, internal rules of undertakings, or any other arrangements shall be declared null and void or are amended in order to bring them into line with the provisions of this Directive.
Amendment 780 #
2017/0355(COD)
Proposal for a directive
Article 14
Article 14
Amendment 827 #
2017/0355(COD)
Proposal for a directive
Article 17
Article 17
Amendment 57 #
2017/0123(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 82 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State (‘cabotage’) should be clear, simple and easy to enforce, while broadly maicontainuing the level of liberalisation achieved so far.
Amendment 90 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduced.
Amendment 147 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Article 1 – paragraph 1 – point 4 – point a – point iii
Regulation (EC) No 1071/2009
Article 6
Article 6
(xi) the posting of workerssocial and labour law;
Amendment 159 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 1071/2009
Article 6 paragraph 1
Article 6 paragraph 1
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workershe threat to the health and safety of the worker posed by the non- compliance with labour law;
Amendment 180 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2
Article 16 – paragraph 2
(h) the number of employees working in the company over the last calendar year;
Amendment 185 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2
Article 16 – paragraph 2
(i) the total assets, liabilities, equity and turnover during the last two years;a copy of the annual financial report or other documents proving financial capacity, of the kind mentioned under Article 7(2).
Amendment 228 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1071/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage’;
Amendment 34 #
2017/0122(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from homtheir place of residence are not excessively long. Drivers should also be able to choose how they take their rest.
Amendment 39 #
2017/0122(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate accommodation for their regular weekly rest periods if they are taken away from home. If this condition is to be fulfilled, the Member States must put sufficient investment into the construction of safe parking areas that are adapted to the needs of drivers.
Amendment 98 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
(2a) in Article 6, paragraph 3 is replaced by the following: 3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours.
Amendment 111 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or:
Amendment 116 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(ba) one regular weekly rest period of at least 45 hours and three reduced rest periods of at least 24 hours.
Amendment 120 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
For the purposes of point (b) and (ba), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the thirdfourth week following the week in question.
Amendment 128 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – introductory part
Article 8 – paragraph 8 a – introductory part
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall notmay be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities;vehicle if the vehicle is properly equipped for sleeping in, and is parked in a secure and suitably equipped parking area, if possible. Otherwise, these rest periods shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities; The Commission should encourage Member States to construct safe and suitably adapted parking areas. Two years after the regulation has entered into force, the Commission should draw up a report on the quality and number of parking areas in the Member States. If the Commission finds that the quality and quantity of parking spaces meet the requirements of European international transport, it should submit proposals for relevant legislative changes concerning the possibility to rest in the cabin.
Amendment 135 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point b
Article 8 – paragraph 8 a – point b
(b) at home or at another privateanother location chosen by the driver.
Amendment 141 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at homthe driver’s place of residence within each period of three consecutive weeks. Confirmation that a regular weekly rest period or a weekly rest period of more than 45 hours to compensate for a previous reduced weekly rest period in another location chosen by the driver has been taken shall take the form of a declaration by the driver. The Commission shall draw up a paradigm for this declaration.
Amendment 45 #
2017/0121(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Adequate, effective and consistent enforcement of the working time provisions is crucial for protecting the working conditions of drivers and preventing the distortions of competition resulting from non-compliance. Therefore it is desirable to extend the existing uniform enforcement requirements set out in Directive 2006/22/EC to controlling compliance with the working time provisions set out in Directive 2002/15/EU. However, due to its specificities, compliance with Directive 2002/15/EU can only be controlled at the premises and not during the roadside checks.
Amendment 81 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 83 #
2017/0121(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Due to its specificities and due to the lack of sufficient link of the driver with the territory of the host Member State, transit operations should be excluded from the scope of this Directive. The same exemption should be made with regards to transport operations in cross- border regions, carried out by transport operators from these regions, within 100 kilometres of the border.
Amendment 86 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. There is a need for more targeted and effective controls therefore there should be a clear distinction between the road controls and controls at the premises. This will also allow to multiply the number of controls and at the same time reduce administrative burdens.
Amendment 98 #
2017/0121(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In the case of a control of substantial activity any possible application of Article 4 paragraph 2, especially points d and e, of the Enforcement Directive 2014/67/EU should take into account the specific characteristics of the transport sector. This should be analysed together with Article 5 of Regulation (EU) No 1071/2009 on conditions relating to the requirement of establishment.
Amendment 103 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and in case of checks at the premises of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 107 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2006/22/EC
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, Regulation (EU)165/2014 and Directive 2002/15/EC are checked. Member States shall focus especially on structurally and repeatedly non-compliant hauliers.
Amendment 111 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. Checks of conformity with Directive 2002/15/EC shall be done solely at the premises. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;.
Amendment 118 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Article 8 – paragraph 1 a – subparagraph 1
Member State shall submit the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25 working days from the receipt of the request in cases requiring in-depth examination or involving checks at premises of the undertakings concerned. A shorter or longer time limit may be mutually agreed between the Member States if justified by the nature of the request. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
Amendment 134 #
2017/0121(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Due to the absence of a sufficient link of a driver with a territory of a host Member State, transit operations should not be subject to this Directive, Directive 96/71/EC and Directive 2014/67/EU.
Amendment 136 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 139 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. In order to ensure the effectiveness of controls, it is important to make a distinction between the checks carried out at the roadside and at the premises of the undertakings. The checks could also be carried out remotely by electronic or digital means.
Amendment 148 #
2017/0121(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to facilitate the implementation, application and enforcement of this Directive, the internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 should be used in Member States for the enhanced exchange of information between regional and local authorities across borders. It could also be an advantage to extend the features of IMI to include the submission and transmission of simple declarations.
Amendment 154 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Directive and Directive 96/71/EC do not apply to transit operations.
Amendment 159 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Amendment 160 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 c (new)
Article 2 – paragraph 1 c (new)
1c. This Directive and Directive 96/71/EC do not apply to undertakings established in cross-border regions and performing international transport operations as defined by Regulation 1072/2009 in these cross-border regions within 100 kilometres of the border.
Amendment 165 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a (new)
Article 1 – paragraph 1 – point 3 – point -a (new)
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Amendment 180 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 39 days during a period of one calendar month.
Amendment 182 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 orhave been detected at the roadside. Checks of compliance with Directive 2002/15/EC shavell been detected at the roadside. carried out exclusively at the premises of the undertakings or remotely by electronic or digital means;
Amendment 223 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than six12 hours spent in the territory of a host Member State shall be considered as half a day;
Amendment 229 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of sixtwelve hours or more spent in the territory of a host Member State shall be considered as a full day;
Amendment 233 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period.
Amendment 239 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. All transport operations falling under the scope of this Directive are excluded from rules on long-term posting as referred in Article 1 of the legislative act amending Directive 96/71/EC.
Amendment 242 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – part A – point (6)
Annex I – part A – point (6)
Amendment 243 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. All transport operations falling under scope of this Directive shall be excluded from rules on collective agreements which are not universally applicable as defined in Article [...] of Directive 96/71/EC.
Amendment 248 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. By way of derogation from Article 9 paragraph 1 and 2 of the Enforcement Directive 2014/67/EU Member States may only impose the following administrative requirements and control measures:
Amendment 256 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Transit operations shall be fully exempt from the scope of Directive 96/71/EC and of this Directive.
Amendment 258 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. This Directive and Directive 96/71/EC shall not apply to undertakings established in cross-border regions and performing international transport operations as defined by Regulation (EC) No 1072/2009 in these cross-border regions within 100 km radius from the border.
Amendment 261 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) an obligation for the road transport operator established in another Member State to send a postingvia a dedicated public interface of the IMI system a standardized, electronic simple declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 262 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point i
Article 2 – paragraph 4 – point a – point i
(i) the identity of the road transport operator (in the case of a subsidiary, also the address of the headquarters);
Amendment 271 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point iv
Article 2 – paragraph 4 – point a – point iv
(iv) the anticipated duration, envisaged beginning and end date of the posting per worker;
Amendment 276 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi
Article 2 – paragraph 4 – point a – point vi
(vi) the type of transport services, that is to say carriage of goods, carriage of passengers, per worker: international carriage, cabotage operation;
Amendment 279 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi a (new)
Article 2 – paragraph 4 – point a – point vi a (new)
(via) the law applicable to the employment contract.
Amendment 282 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – subparagraph 1 a (new)
Article 2 – paragraph 4 – point a – subparagraph 1 a (new)
For the purpose of this point, the road transport operator may provide a declaration covering a period of a maximum of six months. The information referred to in points (ii) to (vii) shall be updated electronically by the road transport operator in line with the current factual situation. The public interface of the IMI system dedicated to transport operators contains country specific information with concrete rates of pay (remuneration) and employment conditions applicable to drivers in all Member States as well as links to all single official national websites established by Article 5 of Directive 2014/67/EU.
Amendment 287 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the postingsimple declaration and evidence of transport operation taking place in the host Member State, such as: an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.
Amendment 303 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 311 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 340 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declDuring the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may help in carrying out the check. Checks and controls of employment contract or an equivalent document within the meaning of aration covering a period of a maximum of six monthscle 3 of Council Directive 91/533/EEC and/ or payslips shall be carried out solely at the premises. Member States shall proceed in line with procedures put forward by Articles 6, 7 and 8 of Directive 2014/67/EU.
Amendment 357 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than sixtwelve hours spent in the territory of a host Member State shall be considered as half a day;
Amendment 363 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […... [the date when COD 2016/007 -revised Posting of Workers Directive is applicable].
Amendment 367 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Commission shall develop, by ways of implementing acts, by ... [2 years after date of the entry into force of this Directive], the public interface of IMI system dedicated to road transport operators as well as a standardised form of the declaration.
Amendment 368 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of sixtwelve hours or more spent in the territory of a host Member State shall be considered as a full day;
Amendment 384 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period.
Amendment 388 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Road transport operations falling under the scope of this Directive shall be excluded from rules on ''posting exceeding twenty-four months'' as referred in [Article 2a of Directive 96/71/EC as amended by 2016/0070(COD)].
Amendment 392 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. Road transport operations falling under the scope of this Directive shall be excluded from rules on collective agreements or arbitration awards which are not universally applicable as defined in Article 3(8) of Directive 96/71/EC.
Amendment 401 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. By way of derogation from Article 9(1) and (2) of Directive 2014/67/EU, Member States may only impose the following administrative requirements and control measures:
Amendment 422 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(a) an obligation for the road transport operator established in another Member State to send a postingvia a dedicated public interface of IMI a standardised, electronic, simple declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 463 #
2017/0121(COD)
(aa) For the purpose of point (a) of this paragraph the road transport operator may provide a declaration covering a period of a maximum of six months. The information in points (ii) to (vi) shall be updated electronically by the road transport operator in line with the current factual situation. The public interface of the IMI dedicated to transport operators shall contain country specific information with concrete rates of pay (remuneration) and employment conditions applicable to drivers in all Member States as well as links to all single official national websites established by Article 5 of Directive 2014/67/EU.
Amendment 472 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the postingsimple declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.
Amendment 493 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 513 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 554 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declaration covering a peDuring the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may help in carrying out the check. Checks and controls of an employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC and/ or payslips shall be carrioed of a maximum of six months. ut solely at the premises. Member States shall proceed in line with the procedures laid down in Articles 6, 7 and 8 of Directive 2014/67/EU.
Amendment 590 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […insert the date of entry into force of Directive 96/71/EC* as amended by 2016/0070(COD)].
Amendment 592 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
The European transport sector because of its specificity and highly mobile nature shall be exempt from the application of the Posting of Workers Directive 96/71/EC* until the entry into force of this Directive.
Amendment 24 #
2017/0085(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims and according to Article 8 of the Treaty on the Functioning of the European Union equality between women and men should be promoted in all activities of the European Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.
Amendment 40 #
2017/0085(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality of access to work by promoting the participation of women in the labour market and the participation of men in childcare, making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payensions. Such policies should take into accountckle negative demographic changes including the effects of an ageing population.
Amendment 43 #
2017/0085(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Work-life balance policies should also reflect the fact that a sufficient number of caring facilities for both children and dependent relatives are a key prerequisite of increased participation of women in the labour market. Further complementary action is required to assure a holistic work-life balance environment. To this end the Union should support Member States in striving to achieve the objectives set at the European Council in Barcelona for childcare facilities in March 2002, in introducing other voluntary instruments, including incentives for employers to provide care facilities for workers, and in removing economic disincentives for second earners which prevent women from accessing the labour market or working full-time. The Union should use the European semester to support such action of Member States with due regard to Member States’ commitments to strengthen public finances.
Amendment 74 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, the availability of quality, accessible, and affordable infrastructure for the care of children and other dependants has proven to be a crucial factor for work-life balance policies that facilitate the rapid return of new mothers to, and an increasing participation of women in the labour market.
Amendment 111 #
2017/0085(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. The Union should encourage Member States to extend the enjoyment of the rights set forth by this Directive to the self-employed through national legislative measures. This should especially apply in regard to the self-employed who contribute with their earnings to coverage schemes that finance compensation for the leaves. Member States should be encouraged to develop systems which would enable the self-employed to contribute to such coverage schemes.
Amendment 118 #
2017/0085(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken within the first year of a child’s life, preferably on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law. In order to deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right, with a maximum duration of one year.
Amendment 129 #
2017/0085(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to four months introduces an alternative for Member States to the current one monthe period of parental leave which cannot be transferred from one parent to the other. The alternative shall consist in granting an additional two months leave to parents who share at least half of the total parental leave period granted to them by national law, which should motivate parents in sharing caring responsibilities, while maintaining reasonable flexibility of specific family arrangements.
Amendment 134 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelveeight years old. Member States should be able to specify taking into account in particular the constraints of micro, small and medium-sized businesses, a reasonable the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In order to deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before the worker is entitled to benefit from that right, with a maximum duration of one year. In view of the growing diversity of contractual arrangements, the sum of successive fixed- term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations, in particular with regard to children with disabilities, serious medical conditions or illness, in accordance with their national law and practice.
Amendment 160 #
2017/0085(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work following parental leave, workers and employers should be encouraged to voluntarily maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice. Workers who do not wish to maintain contact should not be discriminated against in any way. It should be made clear that employees who do not wish to maintain contact should not be obliged to do so.
Amendment 172 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill relative in need of care or support dependant relativeue to a serious medical reason should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, medical proof of the serious illness or dependency maymedical reason should be required prior to granting of the leave.
Amendment 208 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right, with a maximum duration of one year. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 220 #
2017/0085(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground. At the same time, in order to ensure balance between the interests of employers and workers, Member States should ensure that employers are protected against any abuse of such rights and detrimental effects for the functioning of companies, taking into account in particular the constraints of micro, small and medium-sized businesses.
Amendment 279 #
2017/0085(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State.
Amendment 284 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid leave from work for fathers to be taken on the on the grounds of the birth or adoption of a child, to be taken within the first year, of the child’s life, preferably on the occasion of the birth or adoption of a child;
Amendment 328 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) "carers' leave" means leave from work for carers in order to provide personal care or support to a relative in need of care or support due to a serious medical reason;
Amendment 336 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) "relative" means a worker's son, daughter, mother, father, grandmother, grandfather, spouse or partner in civil partnership, where such partnerships are envisaged by national law, and relative of the worker’s spouse;
Amendment 345 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 375 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days within the first year of a child’s life, preferably on the occasion of the birth or adoption of a child.
Amendment 383 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States may make the right to paternity leave subject to a period of work qualification or a length of service qualification not exceeding one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC1a, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 1a Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43)
Amendment 384 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall consider introducing the possibility of fathers to take additional unpaid paternity leave provided that this is not excessively burdensome for the employer.
Amendment 407 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelveeight.
Amendment 417 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least fourone months of parental leave cannot be transferred, or, alternatively, provide an additional two months leave to parents who share at least half of the total parental leave period granted to them by national law.
Amendment 576 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to return to their jobs or to obtain equivalent posts on terms and conditions which are no less favourable to them and which correspond to the employment contract, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 651 #
2017/0085(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a Dialogue with relevant stakeholders With a view to promoting the objectives of this Directive, the European Union and its Member States shall encourage dialogue with relevant stakeholders, in particular with parents and family associations, employers and trade unions.
Amendment 19 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the digitisation of industry represents a major challenge as well as opportunities in terms of the organisation of work and therefore requires targeted responses regarding employment, social and education policies, as well as the provision of up-to-date infrastructure;
Amendment 39 #
2016/2271(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States, in cooperation with social partners, to regularly assess the impact of digitisation on the quality, number and types of jobs as well as demand for proper skills and qualification in the future and to adjust related policies accordingly;
Amendment 55 #
2016/2271(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to clarify the legal situation of platform workers and to guarantee all workers the same social rightsgather data in order to evaluate the impact of digitisation on forms of employment and working conditions and undertake necessary initiatives in order to clarify the legal situation of platform workers and to guarantee all workers social rights comparable to other forms of employment while taking into account the specificities of the collaborative economy, including the freedom of association, the right to conclude collective agreements and the right to organise;
Amendment 10 #
2016/2270(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to its resolution of 20 November 2012 on Social Investment Pact as a response to the crisis,
Amendment 126 #
2016/2270(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that introducing minimum income schemes in all EU Member States - consisting of specific measures supporting people whose income is insufficient with a funding supply and facilitated access to services - istogether with active labour policies - are one of the most effective ways to combat poverty, guarantee an adequate standard of living and foster social integration;
Amendment 148 #
2016/2270(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that it is vital for everyone to have access to sufficient minimum income schemes to be able to meet their basic requirements and that these schemes should guarantee the non-perpetuation of social dependency and should be combined with incentives to education and entering the labour market;
Amendment 180 #
2016/2270(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls the opinion of the European Economic and Social Committee on ‘European minimum income and poverty indicators’ and supports the proposal concerning a directive on adequate minimum income in the European Union, which should lay down common rules and indicators, provide methods for monitoring its implementation and improve dialogue between the individuals concerned, the Member States and the EU institutions; is of the view that a framework of this kind should be based on tangible factors and should bear in mto further analyse existing schemes and come up with further recommendations; calls on the Commission to facilitate exchange of best practice among Member States with regards to rules and indicators, the manner and the means of providindg the social and economic context of each Member State; calls on the Commission and the Member States, in this regard, to evaluate the manner and the means of providing an adequate minimum income in all Member Stateminimum income as well as methods for monitoring its implementation in order to improve dialogue between the individuals concerned, the Member States and the EU institutions;
Amendment 193 #
2016/2270(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that minimum income schemes should ensure payment of an income that is abovesupport that lifts individuals and/or households beyond the poverty line, prevents situations of severe material deprivation or, where applicable, lift households out of those situationsand provides access to public services such as health, education or child care;
Amendment 223 #
2016/2270(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the importance of defining appropriate eligibility criteria at national level in order to benefit from an adequate minimum income scheme;
Amendment 247 #
2016/2270(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is of the opinion that adequate minimum income schemes Recommends that Member States, when setting minimum income schemes, take into account the fact that the at-risk- of-poverty threshould is set minimum incomes at a level equivalent to at least 60 % of median income in the Member State concerned; at 60% of the national median equalised disposable income, however recalls that designing social policies is the responsibility of Member States in line with the subsidiarity principle; notes that there are also other factors that Member States can take into account such as living standards, prices, basket of goods or national relative poverty line;
Amendment 259 #
2016/2270(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to carry out an impact assessmentevaluation of minimum income schemes in the Union and to consider further steps, taking into account the economic and social circumstances of each Member State as well as assessing whether the schemes enable households to meet their basic personal needs;
Amendment 292 #
2016/2270(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that supporting job creation should be a priority for the European Union as a first step towards reducing poverty;
Amendment 17 #
2016/2148(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to carry out a thorough analysis of the effectiveness of investments in human capital co-financed through European funds; stresses that in spite of the expectation of economic growth, the employment level in Europe is expected to remain lower than in 2008;
Amendment 37 #
2016/2148(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that 6 million unemployed young people are to benefit from the Youth Employment Initiative (YEI) – which willcould help them find jobs or improve their skills and qualifications – now that YEI has been integrated into 34 ESF programmes in the 20 eligible Member States; is concerned, however, about the delayed start to the implementation of the YEI; urges Member States to intensify their efforts to ensure that the results envisaged are achieved successfullyrapidly and successfully, particularly with respect to funds made available in the form of advance payments;
Amendment 42 #
2016/2148(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses serious concern that in the case of the Youth Guarantee scheme, which in 2014-2020 will receive a total of EUR 12.7 billion from the European Social Fund and the special Youth Employment Initiative, and which, on the basis of this funding, is already seen as the driving force behind efforts to boost youth employment, the Commission has not carried out a cost-benefit analysis, which is standard procedure for all major Commission initiatives. Consequently, there is a lack of information on the potential overall cost of implementing the guarantee throughout the EU and, as the European Court of Auditors has stressed, a risk that the total amount of funding may be insufficient.
Amendment 46 #
2016/2148(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses the importance of communication, particularly digital communication, through which information on potential assistance in finding training, a traineeship or work co- financed through EU funds can reach the greatest number of young people; calls for more communication to promote such portals as DROP’PIN and EURES and increase young people’s opportunities for mobility in the internal market, which is considered the biggest untapped potential in the fight against unemployment in the EU;
Amendment 48 #
2016/2148(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Noting the initial promising assessments of activities under the Youth Employment Initiative, draws attention to the conclusions of Parliament’s analysis highlighting the need for integration with the structural reforms in the Member States in order to achieve substantial and tangible effects from the funds invested, otherwise the Initiative will merely be an ordinary means of budget assistance;
Amendment 71 #
2016/2148(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the importance of tackling the wastage of EU funds to help improve the worsening image of the EU in Europe; looks forward to the results of the reform of the structural and investment funds, in particular of the ex ante conditionality, and suggests introducing indicators to assess the effectiveness of ongoing programmes;
Amendment 54 #
2016/2140(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that trade unions must be able to operate independently and freely within their competences to promote and protect workers’ rights, particularly health and safety, and that they are a necessary partner in social dialogue and collective bargaining;
Amendment 66 #
2016/2140(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that price is still the determining factor in the buying practices of brands and retailers, often at the expense of workers’ welfare; calls for the EU to work with stakeholders to develop a fair and stable pricing mechanism which guarantees that a decent proportion of sales revenue is paid to the worker in the form of a living wageenforce existing law and to make sure that workers are paid at least minimum wages or at least a living wage especially in third countries where there is lack of adequate legislation;
Amendment 92 #
2016/2140(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on efficient and well-targeted initiatives which will improve the situation in the garment sector in Member States, make it more competitive and innovative in order to boost employment;
Amendment 101 #
2016/2140(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls for national and European initiatives to encourage consumers to buy products made locally;
Amendment 12 #
2016/2101(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the country-specific recommendations (CSRs) demonstrate the differences that exist between Member States; argues that the Member States should continue to give priority to reforms that will strengthen their economic recovery, making a commitment to investment, implementing structural reforms and taking an approach based on fiscal and budgetary responsibility; social investments in human capital shall however constitute core complementary action, since human capital is one of the factors of growth and a motor of competitiveness and development;
Amendment 20 #
2016/2101(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Despite producing results in skills and knowledge, European Union's education and training systems do not perform internationally and present growing skill shortages, leaving European employers unable to locally fill in the job vacancies; underlines the need to further invest and develop education and training systems, providing the society with the tools and capacities to readapt to changing labour market demands;
Amendment 26 #
2016/2101(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for a completion of the European internal market as the most potential tool for growth and fight against unemployment in the EU, with a parallel control of law enforcement and respect for rules;
Amendment 39 #
2016/2101(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that economic growth should guarantee a positive social impact; welcomes the introduction of the three new headline social indicators in the macroeconomic imbalances procedure; reiterates the call for these to be placed on an equal footing with existing economic indicators, thereby guaranteeing that internal imbalances are better assessed and making structural reforms more effective; calls, in this connection, for a social imbalances procedure to be introduceddeeper analysis of social imbalances in order to understand better a cause-effect link of policies and actions;
Amendment 69 #
2016/2101(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a strong commitment to promoting the Juncker Plan (EFSI) in Member States with a low level of participation with a parallel analysis of the obstacles encountered;
Amendment 88 #
2016/2101(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises the significant progress made by the Member States in implementing structural reforms, while nevertheless taking the view that further progress is necessary:, especially with regards to pension and health care systems overburdened by the demographic changes of the European population;
Amendment 131 #
2016/2101(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for account to be taken of the challenges that have been emerging in the EU since 2015, which have required serious adaptation efforts; calls on the Commission not to apply any sanctions to the Member States in 2016, especially with regards to the migration crisis and terrorism (that hit certain regions more than others);
Amendment 152 #
2016/2101(INI)
Motion for a resolution
Paragraph 7a (new)
Paragraph 7a (new)
7a. Calls for a completion of the European internal market as the most potential tool for growth and fight against unemployment in the EU, with a parallel control of law enforcement and respect for rules;
Amendment 235 #
2016/2101(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the need to improve the EU’s overall capacity to create and sustain jobs and thus to tackle high levels of unemployment, while considering that migration could play an important role in compensating for the negative effects of the ageing population; emphasises, however, that this alone cannot be the main response to address structural demographic, labour market or fiscal challenges but that it should be complemented with efficient public expenditure, especially in high-quality social and environmentally sustainable investments and further progress in balancing overburdened pension and health care systems;
Amendment 254 #
2016/2101(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the importance of resilient and competitive labour markets where an appropriate trade-off is maintained between economic, social and human costs in accordance with the EU values of solidarity and subsidiarity, with a focus on the upgrading of educational systems and vocational education;
Amendment 301 #
2016/2101(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the importance of better addressing the high tax wedge on labour given that high taxation diminishes incentives for the inactive, the unemployed, second earners and low-wage earners to return to employment, by promoting a growth-friendly tax shift towards consumption and environmental taxes;
Amendment 8 #
2016/2095(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the importance of a highly competitive internal market economy as a prerequisite for the development of a social pillar,
Amendment 107 #
2016/2095(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union needs a paradigm shift towards a strongrenewed approach towards European social model based on solidarity, social justice, a fair distribution of wealth, gender equality, a high-quality public education system, quality employment and sustainable growth - a model that ensures good social protection for all, empowers vulnerable groups, enhances participation in civil and political life, and improves the living standards for all citizens, delivering on the objectives and rights set out in the EU Treaties, the Charter of Fundamental Rights and the European Social Charter;
Amendment 137 #
2016/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission is expected to come forward in the spring of 2017 with a proposal for a binding European Pillar of Social Rights which will serve as a reference framework to screen the employment and social performance of participating Member States, to drive reforms at national level and, more specifically, to serve as a compass for renewed convergence between Member States;
Amendment 164 #
2016/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that the European Pillar of Social Rights (EPSR) cannot be limited to amust consist of both declaration of principles or good intentions but must consist of real matter (and tangible elements such as national and EU legislation, policy-making mechanisms and financial instruments), delivering positive impact on citizens’ lives in the short, medium and long term and enabling support for European construction in the 21st century by effectively upholding social rights and Treaty objectives, strengthening cohesion and upward convergence, and helping to complete EMU in accordance with Treaties and subsidiarity principle;
Amendment 197 #
2016/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the EPSR should equip European citizens with stronger means to keep control over their lives as well as to adapt to changing socio- economic conditions and make markets work for wellbeing and sustainable development;
Amendment 211 #
2016/2095(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that all social policies shall also aim at activating citizens on the labour market, encouraging them to up- grade their skills and promoting entrepreneurship;
Amendment 241 #
2016/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the enactment of a directive on fairon Member States to constantly take efforts in order to improve working conditions for all forms of employment, ensuring for every worker a core set of enforceable rights, including equal treatmentnon- discrimination, equal treatment between men and women, social protection, protection in case of dismissal, health and safety protection, provisions on working time and rest time, freedom of association and representation, collective bargaining, collective action, access to training, and adequate information and consultation rights; underlines that this directive should apply to employees as well as to all workers inese rights should be also applicable as much as possible to all non-standard forms of employment, such as fixed-term work, part-time work, on-demand work, self- employment, crowd-working, internship or traineeship and should take into account specificities of flexible forms of employment; requests that the adequate EU acquis be updated accordingly if necessary so as to apply to all workers;
Amendment 285 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Calls for decisive steps towards legal certaintyopening a discussion on what constitutes ‘employment’, also for work intermediated by digital platforms; underlines that open- ended contracts should remain the norm given their importance for socio-economic security; calls for the directive on fair working conditions to include relevant minimum standards to be ensured in more precarious forms of employment, in particular:
Amendment 311 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
a. decent working conditions for internships, traineeships and apprenticeships, prohibitingutting a duration limit to those that are unpaid or paid so little that they do not enable workersintern, trainee or apprentice to make ends meet;
Amendment 325 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point b
Paragraph 4 – point b
b. for work intermediated by digital platforms, a definition of employment that is less dependent on full cumulation of the relevant criteria: introduction of minimum standards of collaboration rules with a full and comprehensive information to the service provider on their rights and obligations, entitlements, associated level of social protection and the identity of employer; calls on Member States to ensure a proper surveillance of the terms and conditions of employment, preventing abuses of dominant positions by the platforms’ owners;
Amendment 340 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
c. limits regarding on-demand work: zero-hour contracts should be banned and certain core working hours should be guaranteed to all wointroducing duration limit or renewal limit to zero-hour contracts, taking into account that they often facilitate the access to the labour markerst;
Amendment 379 #
2016/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for renewed upward convergence in wages throughout the EU; calls on the Commission to actively support a wider coverage for collective bargaining, with a full respect for national labour law systems of Member States; considers that to ensure decent living wages, minimum wages set at a decent level are necessary; recommends to the Member States the establishment of national wage floors through legislation or collective bargaining, with the objective of attaining gradually at least 60 % of the respective national average wage;
Amendment 391 #
2016/2095(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that the right to healthy and safe working conditions also involves limitations on working time and provisions on minimum rest periods and annual leave; awaits Commission proposals for legislation and other concrete measures to uphold this right for all workers, reflecting all current knowledge about health and safety risksespecially those employed in new forms of flexible employment or persons in employment within the new schemes of collaborative economy based on digital platforms while taking into account specificities of these forms of employment;
Amendment 455 #
2016/2095(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports more integrated provision of social protection benefits and social services as a way to make the welfare state more understandable and accessible while not weakening social protection and Internal Market freedoms; points to the importance of informing citizens about social rights and to the potential of e- government solutions, possibly including a European social security card, which could improve individual awareness and also help mobile workers clarify their contributions and entitlements;
Amendment 476 #
2016/2095(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Agrees with the importance of universal access to timely, good-quality and affordable preventative and curative health care; emphasises that all workers and self- employed persons must be covered by health insurance;
Amendment 493 #
2016/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is aware that rising life expectancy and workforce shrinking pose a challenge to the sustainability of pensions systems and to intergenerational fairness; reaffirms that the best response is to increase the overall employment rate, to raise labour productivity, to lengthen the average duration of labour market participation, and to support the gradual reduction of working time in preparation for retirement; considers that pensionable ages should reflect, besides life expectancy, other factors including labour market trends, the economic dependency ratio, the birth rate and differences in job arduousness;
Amendment 510 #
2016/2095(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that all workers should be covered by insurance against involuntary unemployment or part-time employment,unemployment benefit schemes coupled with job-search assistance and investment in (re)-training;
Amendment 542 #
2016/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for a European framework for minimum income schemnational minimum income schemes to be established by Member States; highlights the importance of such schemes for maintaining human dignity as well as their role as a form of social investments enabling people to undertake training and/or look for work;
Amendment 578 #
2016/2095(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers access to quality and affordable long-term care services, including home-based care, to be a right that should be upheld with the help of suitably qualified professionals employed under decent conditions; believes that low- income households should therefore be targeted by adequate public services and tax deductions; repecalls on Member States its call for legislationto establish measures on carers’' leave accompanied by adequate remuneration and social protection;
Amendment 593 #
2016/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers child poverty to be a major issue on which Europe should ‘act big’; calls for the swift implementation of aestablishment of a so called Child Guarantee in all Member States, so thatwhich would consist in allowing every child now living in poverty canto have access to free healthcare, free education, free childcare, decent housing and, proper nutrition and help against any form of violence;
Amendment 620 #
2016/2095(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for national legislation to ensure that access to social housing or adequate housing benefits are provided for those in need, obviously including homeless people, and that vulnerable people and poor households are protected against eviction; calls for tax incentives to help young people on low incomes set up their own households; calls for greater use of the EFSI to support urban renewal and affordable housing provision;
Amendment 640 #
2016/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for national legislation ensuring fair access for all to good-quality and affordable social services of general interest and other essential services, such as e-communications, energy, public transport and financial services; highlights the role of social enterprises;
Amendment 656 #
2016/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports the creation of a Skills Guarantee as a new right for everyonen instrument to help low- skilled adults to acquire fundamental skills for the 21st century, including such as key competences in literacy, numeracy and digital literacyskills; highlights this as an important social investment, requiring proper implementation and adequate financing;
Amendment 677 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – introductory part
Paragraph 19 – introductory part
19. Is alarmconcerned about the spread of precariousness arising from the excessive use of ‘atypical’ contracts; stresses the importance of ensuring sufficient institutional and budgetary capacities to provideexisting misuse and abuse of ‘non- standard’ employment contracts; considers, that these contracts can offer an effective tool for workers to enter on the labour market and for companies to respond to shifts in demand; calls on careful monitoring of implementation and enforcement of EU legislation such as Fixed- term Work Directive, Part- time Work Directive and Temporary Agency Work Directive; stresses the importance of ensuring at Member States level an adequate protection for people in non-standard forms of employment; considers in particular that:
Amendment 695 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – point a
Paragraph 19 – point a
a. social insurance schemes must be broadened in applicable to all wordkers to enable all workersthem to accumulate entitlements providing income security in situations such as unemployment, involuntary part-time work or career breaks for family or training reasons, pension, health problems;
Amendment 707 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – point b
Paragraph 19 – point b
b. all workers should have a personal activity account, also easily accessible through a website and/or a smartphone applicatiby electronic means taking into account needs of disabled persons, where they could consult their social entitlements;
Amendment 722 #
2016/2095(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that secure professional transitions require adequate investment, both in the institutional capacity of public employment services and to assist individual job-search and upskilling; highlights that the preservation and portability of social entitlements accumulated during the career and life- cycle should be ensured to facilitate job and professional transitions;
Amendment 730 #
2016/2095(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for full implementation of the Youth Guarantee for all people under 30 and of the recommendation on the long- term unemployed; highlights these as important structural reforms and social investments that are in need of adequate financingimplementation and financing; calls for constant monitoring of effectiveness of these tools, especially in terms of employment, and adaptation of changes where necessary;
Amendment 751 #
2016/2095(INI)
Motion for a resolution
Paragraph 22 – point a
Paragraph 22 – point a
a. Directive 2006/54/EC should be revismonitored and enforced in order to strengthen existing mechanisms to ensure equal treatment between men and women, close persisting gender gaps in pay and pensions and reduce occupational segregation;
Amendment 759 #
2016/2095(INI)
Motion for a resolution
Paragraph 22 – point b
Paragraph 22 – point b
b. there is a need for new legislative proposals on family leave schemes, including maternity leave, paternity leave, parental leave and carers’ leave,Member States should provide all parents and carers with adequate leave arrangements for children and other dependent relatives and access to care services and encouraginge equal take-up of leave arrangements by men and women across all categories of workers in order to improve women’s access to and position within the labour market and facilitate work-life balance;
Amendment 769 #
2016/2095(INI)
Motion for a resolution
Paragraph 22 – point b a (new)
Paragraph 22 – point b a (new)
ba. flexible working arrangements, including in the area of working time, should be available and should be encouraged in order to facilitate reconciliation of work and family life;
Amendment 778 #
2016/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to set out new concreteevaluate implementation and enforcement of measures to ensure non- discrimination and equal opportunities and suggest appropriate initiatives if needed;
Amendment 804 #
2016/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that labour mobility within the EUis a fundamental freedom of the EU and it is a right whose exercise must be supported but which should not be forced on workers by poor conditions in their home regions, and should not undermine host countries’ social standard; calls for proper implementation and enforcement of EU rules with regards to mobility of workers and cross- border provision of services in order to secure workers’ rights and apply appropriate social standards in accordance with existing legislation; notes that mobility allows for better and more effective use of Europe's human capital, allows workers to improve their kills and competences and companies to fulfil labour force shortages as well as leads to social convergence; notes that mobility should be voluntary and that it should not be an excuse for Member States to avoid necessary labour market reforms;
Amendment 843 #
2016/2095(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to propose a clear roadmap for legislative updates anticipated by an evidence-based evaluation and Fitness Checks indicating an extent to which an intervention is necessary and other measures that are necessary for full practical application of the EPSR; highlights that in cases of conflict of law, the horizontal social clause (Article 9 TFEU) should be properly applied;
Amendment 851 #
2016/2095(INI)
Motion for a resolution
Paragraph 26 – introductory part
Paragraph 26 – introductory part
26. Considers that the objective of upward social convergence should be underpinned by a set of targets, building on the Europe 2020 strategy and the Sustainable Development Goals and serving to guide the coordination of economic, employment and social policies in the EU; believes that these targets could alscalls on the Commission to come up with a proposal for indicators to form part of the ConvEPSR as a refergence Code currently being discussed for the euro area, and could be based on the following indicators which are directly affected by public policieframework to screen the employment and social performance of participating Member States, to drive reforms at national level and, more specifically, to serve as a compass for renewed convergence within the euro area such as:
Amendment 881 #
2016/2095(INI)
Motion for a resolution
Paragraph 26 – point c a (new)
Paragraph 26 – point c a (new)
ca. rate of people completing third level education;
Amendment 909 #
2016/2095(INI)
Motion for a resolution
Paragraph 26 – point h
Paragraph 26 – point h
Amendment 937 #
2016/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for a rebalancing of the European Semester so that the existing scoreboard of key employment and social indicators and the new Convergence Code are directly taken into account in formulating CSRs and the euro area recommendation as well as for the activation of EU instruments; urges a stronger role for the Macroeconomic Dialogue with social partners; considers ‘macro-social surveillance’ to be of great importance for avoiding that economic imbalances are reduced at the expense of worsening the employment and social situation;
Amendment 952 #
2016/2095(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 971 #
2016/2095(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 987 #
2016/2095(INI)
Motion for a resolution
Paragraph 30 – introductory part
Paragraph 30 – introductory part
30. Reiterates its call for the raising of theaccelerating the implementation of OPs under MFF 2014-20 ceilings in order to cope with increasedurgent needs; calls, in particular, for:
Amendment 1004 #
2016/2095(INI)
Motion for a resolution
Paragraph 30 – point b
Paragraph 30 – point b
b. an increase in the volumeffective use of the European Social Fund, the EGF and the FEAD;
Amendment 1028 #
2016/2095(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission and the EIB to refocus the EFSImake sure that projects financed from EFSI also concentrate on job creation and social investment and adapt its risk/return requirements accordingly;
Amendment 1044 #
2016/2095(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 1052 #
2016/2095(INI)
Motion for a resolution
Paragraph 32 – point a
Paragraph 32 – point a
Amendment 1068 #
2016/2095(INI)
Motion for a resolution
Paragraph 32 – point b
Paragraph 32 – point b
Amendment 1083 #
2016/2095(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 1104 #
2016/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Considers that the EPSR should be adopted in 2017 as a bindingresult of ordinary legislative procedure in form of ag reement between the European Parliament and the European Council,ference framework to screen the employment and social performance of participating Member States, to drive reforms at national level and, more specifically, to serve as a compass for renewed convergence; this agreement should involvinge social partners at the highest level, and should contain a clear roadmap for implementation, with concrete commitments and target d and full respect of freedoms enshrined in the Treaties;
Amendment 44 #
2016/2061(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that increasing the employment level of women is a key condition for eliminating the gender pension gap (40,2%) which results from accumulative disadvantages experienced by women in the labour market throughout their lives, such as disrupted and shorter careers due to insufficient means for reconciliation of family and professional life as well as the pay gap;
Amendment 50 #
2016/2061(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges that the implementation of the principle of equal pay for the same work andRecalls that in accordance with article 157 TFEU "Member States shall ensure that the principle of equal pay for male and female workers for equal work or for work of equal value is applied" and that this is crucial to reducinge pay and pension gaps and to eliminatinge the risk of poverty among women;
Amendment 82 #
2016/2061(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that all people have the right to a decent public pension, and rRecalls that the Union recognises the entitlement to social security benefits and social services which provide protection in the event of old age or dependency;
Amendment 135 #
2016/2061(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Member States to increase minimum wages as an important tool forconcentrate their efforts on eliminating the pay gap between men and women, promoting equal opportunities, increasing women's participation in the labour market and improving reconciliation of work, family and private life in order to narrowing the pension gaps;
Amendment 159 #
2016/2061(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to introduce or reinforce pension credits for other social protection measures which mitigate the negative impacts of career interruptions resulting from caringformal care leaves, whatever the family and/or marital status;
Amendment 176 #
2016/2061(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that the sustainability and security of pension schemes can be reinforced by diversifying saving sources and building a system that is based on public and private pillars and by complementing social security with tax contributions as well as introducing tax incentives;
Amendment 219 #
2016/2061(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Urges the Member States to reverse any reforms ofeliminate any elements of their pension systems that aggravate imbalances in pensions (especially gender imbalances) and to take into account the gender impact of any future pension reforms.
Amendment 227 #
2016/2061(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on Member States to invest in affordable and accessible quality care for children and other dependents as a way to support women who often have a more disrupted career than men and more often take up care responsibilities in the family.
Amendment 231 #
2016/2061(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the European Commission and on the Member states to run information campaigns and constantly improve pension literacy among women and men.
Amendment 9 #
2016/0404(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market and eliminate barriers to taking-up and pursuit of certain employed or self- employed activities and therefore boost employment where relevant, it is therefore necessary to establish a common approach at Union level, preventing disproportionate and unduly excessive measures from being adopted.
Amendment 23 #
2016/0404(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive establishes rules for proportionality test to be carried out before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access or pursuit of regulated professions.It has to be underlined, that this Directive leaves the prerogative to regulate access to or pursuit of regulated professions within Member States in respect of principles of non- discrimination and proportionality.
Amendment 31 #
2016/0404(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific well justified evidence substantiating its arguments.
Amendment 67 #
2016/0404(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within Member States and the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 77 #
2016/0404(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) The extent and degree of the criteria being used during the proportionality test should be appropriate and adjusted to the content of the provisions being introduced and its impact.
Amendment 80 #
2016/0404(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, representative associations, social partners and consumers or other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.
Amendment 84 #
2016/0404(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encouragesure that the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of professions. The Commission should take relevant initiatives in order to encourage smooth exchange of information between Member States.
Amendment 133 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary, non- discriminatory and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.
Amendment 155 #
2016/0404(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, threats to social policy objectives and cultural policy objectives.
Amendment 180 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, patients to professionals or third parties;
Amendment 217 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact and impact on employment of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, job creation, employment opportunities for young graduates as well as the impact on the free movement of persons and services within the Union;
Amendment 282 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
Article 6 – paragraph 4 – point j a (new)
(j a) proportionality of administrative requirements.
Amendment 291 #
2016/0404(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, those in relevant training or education, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 299 #
2016/0404(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall encourage thsure exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
Amendment 27 #
2016/0403(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Furthermore, the European services e-card should contribute positively towards making the European market more competitive, facilitating administrative provisions for businesses, which could give a further push for growth and employment policies.
Amendment 37 #
2016/0403(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as prior declarations addressed to the host Member State, necessary for the protection of posted workers. The European Services e-card will in no way affect the content of such declarations and the responsibilities by the host Member State in that regard.
Amendment 38 #
2016/0403(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) As regards the prior declaration that may be required under Article 9 of Directive 2014/67/EU of the European Parliament and of the Council25, the electronic platform connected to IMI should direct holders of a European services e-card to electronic national procedures put in place in the host Member State where the workers will be posted, wherever such national procedures allow for the electronic submission of the above- mentioned prior declaration. __________________ 25 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11)
Amendment 39 #
2016/0403(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) As regards the prior declaration that may be required under Article 9 of Directive 2014/67/EU of the European Parliament and of the Council25, the electronic platform connected to IMI should direct holders of a European services e-card to electronic national procedures put in place in the host Member State where the workers will be posted, wherever such national procedures allow for the electronic submission of the above- mentioned prior declaration. __________________ 25 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11)
Amendment 40 #
2016/0403(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The electronic platform connected to IMI should be made available by the Commission to those Member States that have previously communicated to the Commission their intention to make use of this possibility. Where Member States decide to allow for the use of IMI for the sending of the prior declaration in relation to workers posted in their territory, holders of a European services e-card shall be able to submit a declaration as referred to in Article 9 of Directive 2014/67/EU directly to the competent authority in the host Member State as defined in Article 2(a) of Directive 2014/67/EU, through the electronic platform connected to IMI. To that end, a host Member State should provide all the elements required in accordance with point a) of paragraph 1 and paragraph 2 of Article 9 of Directive 2014/67/EU as the basis for a multi-lingual form to be submitted for the declaration of posted workers on its territory. The Commission should publish this form in the Official Journal and make it available in the electronic platform connected to IMI. The relevant information with regard to the elements required should be available for the host Member State concerned in full compliance with the language requirements set out in Article 9(1)(a) of Directive 2014/67/EU. The experience of these Member States with the use of the electronic platform connected to IMI should be part of the assessment foreseen in the second subparagraph of Article 19 of this Regulation.
Amendment 73 #
2016/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It is necessary to guarantee legal certainty by clarifying that aAccess to social security benefits for economically inactive mobile citizens in the host Member State, may be made conditional upon that citizen holding a legal right of residence in that Member State in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.33 For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. __________________ 33only to the extend settled by existing case law C-133/13 Dano, C-67/14 Alimanovic and C-299/14 Garcia-Nieto. OJ L 158, 30.4.2004, p. 77.
Amendment 85 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 98 #
2016/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insuredone day of insurance in that Member State.
Amendment 127 #
2016/0397(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Family benefits intended to replace or grant additional income during child- raising periods are designed to meet the individual and personal needs of the parent subject to the legislation of the competent Member State and therefore are distinguishable from other family benefits as they are intended to compensate a parent for loss of income or salary during time spent raising a child rather than solely meeting general family expenses.
Amendment 160 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Recital 5 – addition
Recital 5 – addition
Amendment 161 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 883/2004
Recital 5
Recital 5
(2a) Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the CommunityUnion equality of treatment under theacross different national legislationaw for the persons concerned.
Amendment 165 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5a
Recital 5a
Amendment 168 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5b
Recital 5b
Amendment 171 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5c
Recital 5c
Amendment 178 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Recital 24
Recital 24
(24) LIn line with the case-law of the Court of Justice of the European Union, long-term care benefits for insured persons and members of their families need to be coordinated according to specific rules which, in principle,should, in principle, continue to be coordinated following the rules applicable to sickness benefits, in line with the case law of the Co. However, those rules should take into account the specific naturte of Justicelong- term care benefits. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash.
Amendment 184 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35a
Recital 35a
(35a) Family benefits in cash intended to replace income or grant additional during a periods of child- raising are individual rights which are personal to the parent subject to the legislation of the competent Member State. Given the specific nature of these family benefits, such benefits should be listed in Part I of Annex XIII to this Regulation and should be exclusively reserved to the parent concerned. The Member State with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of members of the family should not apply to such benefits. Where a Member State chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Part II of Annex XIII. (Article 1- paragraph 6)
Amendment 207 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 883/2004
Article 1 – point c
Article 1 – point c
(a) In Point (c) the term “Title III, Chapters 1 and 3” is replaced by the term “Title III, Chapters 1, 1a and 3”.is replaced by the following: “(c) ‘insured person’, in relation to the social security branches covered by Title III, Chapters 1 and 3, means any person satisfying the conditions required under the legislation of the Member State competent under Title II to have the right to benefits for at least one of the risks covered by the Chapter which has to be applied, in accordance with this Regulation.”
Amendment 211 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
Article 1 – point i – point 1 – point ii
(b) In Ppoint (i)(1)(ii) after the term “Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted., point (ii) is replaced by the following: "(ii) with regard to benefits in kind pursuant to Title III, Chapter 1 any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;”
Amendment 216 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Regulation (EC) No 883/2004
Article 1 – point va – point i
Article 1 – point va – point i
(c) In Point (va)(i) after the term “, point (i) is replaced by the following: “(i) for the purposes of Title III, Chapter 1, with regard to (sickness, maternity and equivalent paternity benefits),” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted., (sickness, maternity and equivalent paternity benefits), benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care. This includes long-term care benefits in kind within the meaning of point (vb) of this point.”
Amendment 220 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point vb
Article 1 – point vb
(vb) “long-term care benefit” means any benefit in kind, cash or a combination of both for persons who, over an extended period of time, on account of old-age, disability, illness or or in cash, the purpose of which is to address the care needs of a person who, on account of impairment, require considerables assistance from another person or persons to carry out essential daily activities, including of daily living for an extended period of time in order to support this/heir personal autonomy; this includes benefits granted to or forfor the same purpose to the person providing such assistance;
Amendment 224 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 227 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point ba
Article 3 – paragraph 1 – point ba
Amendment 239 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 243 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 883/2004
Article 11 – paragraph 2
Article 11 – paragraph 2
(a) In pParagraph 2 the term “sickness benefits in cash covering treatment for an unis replaced by the following: “2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalimdited period” is replaced by the term “y, old age or survivors’ pensions or to pensions in respect of accidents at work or occupational diseases or to long-term care benefits in cash”. paid to the person in need of care.”
Amendment 258 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of 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 services46 or sent by that employer to another Member State to perform work on that employer’s behalf, shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46 OJ L 018, 21.01.1997 p. 1person sent previously by this employer within the meaning of this Article.
Amendment 278 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2
Article 12 – paragraph 2
2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self-employed person..
Amendment 283 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Where an employed person covered by paragraph 1 does not complete the task or activity foreseen in the contract and is replaced by the same employer by another sent person to complete the work, the person replacing the previously sent person shall continue to be subject to the legislation of the Member State from which he/ she is sent provided that the total duration of work of that person does not exceed 24 months.
Amendment 286 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 302 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Title III – Chapter 1 – title
Amendment 306 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 19
Article 19
14 c. Article 19 is replaced by the following: “Article 19 Stay outside the competent Member State 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his or her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation.< 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)benefit.” Or. en
Amendment 308 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 20 – title
Article 20 – title
14d. In Article 20, the title is replaced by the following: “Travel with the purpose of receiving benefits in kind -— Authorisation to receive appropriate treatment and long-term care outside the Member State of residence (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 310 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 e (new)
Article 1 – paragraph 1 – point 14 e (new)
14e. In Article 20, paragraph 2 is replaced by the following: “2. An insured person who is authorised by the competent institution to go to another Member State with the purpose of receiving the treatment or long- term care appropriate to his or her condition shall receive the benefits in kind provided, on behalf of the competent institution, by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though he or she were insured under the said legislation. The authorisation shall be accorded where the treatment or long-term care in question is among the benefits provided for by the legislation in the Member State where the person concerned resides and where he or she cannot be given such treatment within a time- limit which is medically justifiable, taking into account his or her current state of health and the probable course of his illness. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)or her illness or within a time limit which is justifiable, taking into account his or her current state of need of long-term care and the probable course of his or her need of long-term care.” Or. en
Amendment 311 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 g (new)
Article 1 – paragraph 1 – point 14 g (new)
Regulation (EC) No 883/2004
Article 25
Article 25
14g. Article 25 is replaced by the following: “Article 25 Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State Where the person receiving a pension or pensions under the legislation of one or more Member States resides in a Member State under whose legislation the right to receive benefits in kind is not subject to conditions of insurance, or of activity as an employed or self-employed person, and no pension is received from that Member State, the cost of benefits in kind provided to him/her and to members of his/her family shall be borne by the Institution of one of the Member States competent in respect of his/her pensions determined in accordance with Article 24(2), to the extent that the pensioner and the members of his/her Family would be entitled to such benefits if they resided in that Member State. ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
Amendment 313 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 i (new)
Article 1 – paragraph 1 – point 14 i (new)
Regulation (EC) No 883/2004
Article 27 – title
Article 27 – title
14i. In Article 27, the title is replaced by the following: “Stay of the pensioner or the members of his family in a Member State other than the Member State in which they reside – Stay in the competent Member State – Authorisation for appropriate treatment or long-term care outside the Member State of residence (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 314 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 j (new)
Article 1 – paragraph 1 – point 14 j (new)
Regulation (EC) No 883/2004
Article 27 – paragraph 2
Article 27 – paragraph 2
14j. In Article 27, paragraph 3 is replaced by the following: “3. Article 20 shall apply mutatis mutandis to a pensioner and/or the members of his family who are staying in a Member State other than the one in which they reside with the purpose of receiving there the treatment or long-term care appropriate to their condition. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 316 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 l (new)
Article 1 – paragraph 1 – point 14 l (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
1. A frontier worker who retires4l. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who retires because of old-age or invalidity is entitled in casethe event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his or her activity as an employed or self-employed person, in so far as this is a continuation of treatment or long-term care which began in that Member State. The term" "continuation of treatment" means the continued investigation, diagnosis and treatment of an illness for its entire duration. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)The term "continuation of long-term care" means the continued granting of long-term care benefits in kind due to the need of care which was established before retirement and which continues beyond that date.” Or. en
Amendment 321 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 m (new)
Article 1 – paragraph 1 – point 14 m (new)
Regulation (EC) No 883/2004
Article 30
Article 30
14m. Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, maternity and equivalent paternity and long-term care benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, maternity and equivalent paternity and long-term care benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
Amendment 327 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 883/2004
Article 32 – paragraph 3 – point a – point i
Article 32 – paragraph 3 – point a – point i
(i) rights available on the basis of an activity as an employed or self-employed person of the insured person, including rights existing in the application of Article 11(2) or (3)(c);
Amendment 329 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 883/2004
Article 33 a (new)
Article 33 a (new)
Amendment 332 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 883/2004
Article 34
Article 34
Amendment 337 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 1
Article 34 – paragraph 1
1. If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore provided by the Member State competent for cash benefits6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, which is provided under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of theose benefits in kind under Article 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 339 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 341 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 3 c (new)
Article 34 – paragraph 3 c (new)
Amendment 342 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 883/2004
Chapter 1 a
Chapter 1 a
Amendment 351 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61
Article 61
Amendment 356 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Except in the cases referred to in Article 65(2), the application of Article 6 shall beThe competent institution of a Member State whose legislation makes the acquisition, retention, recovery or duration of the right to benefits conditional upon the person concerned having most recently completed a period of at least three monthcompletion of either periods of insurance, employment or self- employment shall, to the extent necessary, take into account periods of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)completed under the legislation of any other Member State as though they were completed under the legislation it applies. However, where, under the applicable legislation, the right to benefits is conditional on the completion of periods of insurance, the periods completed under the legislation of another Member State shall be taken into account only if those periods would qualify for the purposes of establishing entitlement to unemployment benefits in the Member State under whose legislation they were completed. Or. en
Amendment 360 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least three monthsone day of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 367 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance, employment or self- employmentExcept in the cases referred to in Article 65(5)(a), the application of paragraph 1 of this Article shall be conditional on the person concerned having the most recently completed, in accordance with the legislation under which the benefits are claimed: – periods of insurance of at least one day, inf that Member State is less than three months that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)legislation requires periods of insurance, – periods of employment of at least one day, if that legislation requires periods of employment, or – periods of self-employment of at least one day, if that legislation requires periods of self-employment. Or. en
Amendment 405 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64a
Article 64a
Amendment 449 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
Article 68b – paragraph 1
1. Family benefits in cash which are intended to replace or grand additional income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation. (Article 1- paragraph 23)
Amendment 512 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – point 2 – point e a
Article 1 – point 2 – point e a
(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or to avoid to pay social security contributions, contrary to the provisions of the basic Regulation and the implementing Regulation or the law of a Member State;.
Amendment 514 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point e b (new)
Article 1 – paragraph 2 – point e b (new)
(eb) ‘error’ means unintentional wrong conduct or unintentional omission on the part of an institution or of a person falling within the scope of the basic Regulation and the implementing Regulation;
Amendment 515 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EC) No 987/2009
Article 2 – paragraph 5
Article 2 – paragraph 5
5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to providetransmit personal data about that person. within the meaning of Regulation (EU) 2016/679. The request and any response shall concern information which enables the competent Member State to identify any inaccuracyconsistencies in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing Regulation is based. The request can also be madetransmitted where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case, but the information shall be required in accordance with the legislation applicable to the competent institution. The request for information and any response must be necessary and proportionate.
Amendment 522 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued. Such documents shall only be valid ifWhere not all sections indicated as compulsory are filled in, the receiving institution shall without delay notify the issuing institution, which should take the appropriate action.
Amendment 525 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where there is doubt about the validity of a document or the accuracy of the facts on which they are based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal of that document, clearly stating the grounds and presenting all the supporting evidence of doubt.
Amendment 526 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 25 working day shall inform the competent institutions of the Member States concerned of the result within three months from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institutionrmination that the applicable law was incorrectly certified, the certificate shall be withdrawn or rectify the document immediately and with retroactive effectied, whereby the legislation applicable in the issuing Member State shall be complied with. This shall also be applied to previous periods.
Amendment 527 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5– paragraph 2 – point a
Article 5– paragraph 2 – point a
(a) When receiving such aa reasoned request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 25 working days from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institution shall withdraw or rectify the document immediately and with retroactive effect.
Amendment 532 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5– paragraph 2 – point b
Article 5– paragraph 2 – point b
(b) If the issuing institution, having reconsidered the grounds for issuing the document is unable todoes not detect any error it shall forward to the requesting institution all supporting evidence within 25 working days from the receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicatedproven in the request, thise validity of the document shall be dconefirmed within two working days from the receipt of the request, notwithstanding that the issuing institution may not have completed its deliberations pursuant to subparagraph (a) above.
Amendment 535 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) 987/2009
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) Where the requesting institution having received the supporting evidence continues to have doubts about the validity of a document or the accuracy of the facts on which the particulars contained therein are based that the information upon which the document was issued is not correct, it may submit evidence to that effect and make a further request for clarification and where appropriate the withdrawal of that document by the issuing institution in accordance within the procedure and timeframes set out above.and the requesting institution and the issuing institution are not able to come to an agreement, they shall make use of the dialogue and conciliation procedure set out in Decision No A11a. . __________________ 1a. Decision No A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State (OJ C 106, 24.4.2010, p. 5).
Amendment 539 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 (new)
Article 2 – paragraph 1 – point 7 (new)
Regulation (EC) No 987/2009
Article 5– paragraph 2 – point c a new
Article 5– paragraph 2 – point c a new
(ca) Forwarding the supporting evidence shall not lead to disclosure of company's secrets or violate the protection of personal data.
Amendment 553 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the 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 services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that immediately before the start of his employment, the person concerned is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52OJ L 018 , 21.01.1997 p. 1.
Amendment 561 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a (new)
Article 2 – paragraph 1 – point 8 – point a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Once a person has been sent in accordance with Article 12(1) of the basic Regulation or pursues an activity as a self-employed person in another Member State in accordance with Article 12(2) of the basic Regulation for a total of 24 months, either continuously or with interruptions of not longer than two months, no new period under Article 12(1) or (2) for the same employed or self- employed person in the same Member State shall start until at least two months have elapsed from the end of the previous period. Undertakings may derogate from the first subparagraph in specific circumstances.”
Amendment 570 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
Regulation (EC) No 987/2009
Article 14 – paragraph 5a
Article 14 – paragraph 5a
5a. For the purpose of the application of Title II of the basic Regulation, ‘registered office or place of business’ shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out, provided the undertaking performs a substantial activity in that Member State. Otherwise, it shall be deemed to be situated in the Member State where the centre of interest of activities of the undertaking determined in accordance with the criteria laid down in paragraphs 9 and 10 is located.. In determining the location of the "registered office or place of business" the following factors shall be taken into account in an overall assessment: (a) the place of residence of the main directors; (b) the places where general meetings are held; (c) the place where administrative and accounting documents are kept; (d) the place where financial and particularly transactions mainly take place; (e) the habitual nature of the activity pursued. The determination shall be carried out in the framework of an overall assessment giving due eight to each of the criteria mentioned above.
Amendment 575 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point c
Article 2 – paragraph 1 – point 8 – point c
Regulation (EC) No 987/2009
Article 14 – paragraph 12
Article 14 – paragraph 12
12. If a person who resides outside the territory of the Union pursues his activities as an employed or self-employed person in two or more Member States and if this person, by virtue of the national legislation of one of those Member States, is subject to the legislation of that State, the provisions of the basic Regulation and the implementing Regulation on the determination of the applicable legislation shall apply mutatis mutandis subject to the proviso that his or her residence shall be deemed to be in the Member State where the registered office or place of business of the undertaking or his or her employer or the centre of interest of his or her activities as self-employed person is located..
Amendment 582 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 3
Article 16 – paragraph 3
3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and the persons and the employers concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
Amendment 587 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
Regulation (EC) No 987/2009
Article 19 – paragraph 2
Article 19 – paragraph 2
10a. In Article 19, paragraph 2 is replaced by the following: "2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions. As of 1 July 2019, at the latest, such an attestation shall be made solely in the form of the Structured Electronic Document referred to in point (d) of Article 1(2) of the implementing Regulation and using the Electronic Exchange of Social Security Information — EESSI referred to in the third subparagraph of Article 95(1) of the implementing Regulation. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1515592051048&uri=CELEX:02009R0987-20170411)
Amendment 594 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Regulation (EC) No 987/2009
Article 20a – paragraph 1 – introductory part
Article 20a – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt implementing acts specifying the procedure to be followed in order to ensure uniform conditions for the application of Articles 12 and 13 of the basic Regulation. Those acts shall establish a standard procedure includingfor the issuing institution with regard to time limits for:
Amendment 611 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Regulation (EC) No 987/2009
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 616 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 1
Article 25 – paragraph 1
15a. In Article 25, paragraph 1 is replaced by the following: "1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 619 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
Article 25 – paragraph 3
15b. In Article 25, paragraph 3 is replaced by the following: "3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 621 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 c (new)
Article 2 – paragraph 1 – point 15 c (new)
Regulation (EC) No 987/2009
Article 26
Article 26
15c. Article 26 is replaced by the following: "Article 26 Scheduled treatment A. Authorisation procedure 1. For the purposes of the application of Article 20(1) of the basic Regulation, the insured person shall present a document issued by the competent institution to the institution of the place of stay. For the purposes of this Article, the competent institution shall mean the institution which bears the cost of the scheduled treatment or long-term care; in the cases referred to in Article 20(4) and 27(5) of the basic Regulation, in which the benefits in kind provided in the Member State of residence are reimbursed on the basis of fixed amounts, the competent institution shall mean the institution of the place of residence. 2. If an insured person does not reside in the competent Member State, he shall request authorisation from the institution of the place of residence, which shall forward it to the competent institution without delay. In that event, the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of Article 20(2) of the basic Regulation are met in the Member State of residence. The competent institution may refuse to grant the requested authorisation only if, in accordance with the assessment of the institution of the place of residence, the conditions set out in the second sentence of Article 20(2) of the basic Regulation are not met in the Member State of residence of the insured person, or if the same treatment or long-term care can be provided in the competent Member State itself, within a time-limit which is medically justifiable, taking into account the current state of healthneed of long-term care and the probable course of illnessneed of long- term care of the person concerned. The competent institution shall inform the institution of the place of residence of its decision. In the absence of a reply within the deadlines set by its national legislation, the authorisation shall be considered to have been granted by the competent institution. 3. If an insured person who does not reside in the competent Member State is in need of urgent vitally necessary treatment, and the authorisation cannot be refused in accordance with the second sentence of Article 20(2) of the basic Regulation, the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution, which shall be immediately informed by the institution of the place of residence. The competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation, concerning the need for urgent vitally necessary treatment. 4. At any time during the procedure granting the authorisation, the competent institution shall retain the right to have the insured person examined by a doctor of its own choice or, in the case of the need for long-term care, by a doctor or another expert of its own choice in the Member State of stay or residence. 5. The institution of the place of stay shall, without prejudice to any decision regarding authorisation, inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation. B. Meeting the cost of benefits in kind incurred by the insured persor appropriate taking into account the current state of need for long-term care to supplement the treatment or long-term care covered by the existing authorisation. B. Meeting the cost of benefits in kind incurred by the insured person 6. Without prejudice to paragraph 7, Article 25(4) and (5) of the implementing Regulation shall apply mutatis mutandis. 7. If the insured person has actually borne all or part of the costs for the authorised medical treatment or long-term care him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 (actual cost) are lower than the costs which it would have had to assume for the same treatment or long-term care in the competent Member State (notional cost), the competent institution shall reimburse, upon request, the cost of treatment or long-term care incurred by the insured person up to the amount by which the notional cost exceeds the actual cost. The reimbursed sum may not, however, exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment or long-term care had been delivered in the competent Member State. C. Meeting the costs of travel and stay as part of scheduled treatment or long-term care 8. Where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment or long-term care of the insured person, such costs for the person concerned and, if necessary, for a person who must accompany him/her, shall be assumed by this institution when an authorisation is granted in the case of treatment or long- term care in another Member State. D. Family members 9. Paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 623 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Regulation (EC) No 987/2009
Article 28 – paragraph 1
Article 28 – paragraph 1
Amendment 626 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Regulation (EC) No 987/2009
Article 31 – title and paragraphs 1 and 2
Article 31 – title and paragraphs 1 and 2
Amendment 632 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EC) No 987/2009
Article 32 – paragraph 1
Article 32 – paragraph 1
17a. In Article 32, paragraph 1 is replaced by the following: "1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 637 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Regulation (EC) No 987/2009
Article 55 – paragraph 7
Article 55 – paragraph 7
Amendment 640 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
Regulation (EC) No 987/2009
Article 55a
Article 55a
Amendment 646 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Regulation (EC) No 987/2009
Title VI – Chapter I – title
Title VI – Chapter I – title
Amendment 648 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
Regulation (EC) No 987/2009
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The annual average cost per person in each age group for a specific year shall be notified to the Audit Board at the latest by the end of the second year following the year in question, with sickness and long- term care benefits in kind indicated separately.
Amendment 649 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)
Article 2 – paragraph 1 – point 26 a (new)
Regulation (EC) No 987/2009
Article 66 – paragraph 2
Article 66 – paragraph 2
26a. In Article 66, paragraph 2 is replaced by the following: "2. The reimbursements between the institutions of the Member States, provided for in Articles 35 and 41 of the basic Regulation, shall be made via the liaison body. There may be a separate liaison body for reimbursements under Articles 35 and Article 41 of the basic Regulation. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- Mutual claims shall be off-set between the liaison bodies. The Administrative Commission shall establish detailed arrangements for such off-setting. " Or. en 20170411&from=EN)
Amendment 650 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 b (new)
Article 2 – paragraph 1 – point 26 b (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 1
Article 67 – paragraph 1
26b. In Article 67, paragraph 1 is replaced by the following: "1. Claims based on actual expenditure shall be introduced to the liaison body of the debtor Member State within 12 months of the end of the calendar half-year during which those claims were recorded in the accounts of the creditor institution. Claims shall be met, where possible, within one month, and in any event within six months, of the claim. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 651 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 c (new)
Article 2 – paragraph 1 – point 26 c (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 652 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 e (new)
Article 2 – paragraph 1 – point 26 e (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 5
Article 67 – paragraph 5
26e. In Article 67, paragraph 5 is replaced by the following: "5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 18 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period. The liaison body of the creditor Member State shall reply to such a rejection within 12 months of the end of the month during which the rejection was received. In the absence of such a reply, the rejection shall be deemed to be accepted. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 654 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 f (new)
Article 2 – paragraph 1 – point 26 f (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 7
Article 67 – paragraph 7
26f. In Article 67, paragraph 7 is replaced by the following: "7. The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reached within the period set out in paragraph 6, and, upon a reasoned request by one of the parties, shall give its opinion on a dispute within sixnine months following the month in which the matter was referred to it. The Audit Board shall receive the request no later than nine months after expiry of the period set out in paragraph 6. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 656 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 g (new)
Article 2 – paragraph 1 – point 26 g (new)
Regulation (EC) No 987/2009
Article 68 – paragraph 2
Article 68 – paragraph 2
26g. In Article 68, paragraph 2 is replaced by the following: "2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus eight percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009R0987)
Amendment 660 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
In case of a retroactive change of the applicable legislation including situations referred to in Article 6(4) and (5) of the implementing Regulation, at the latest threesix months after the applicable legislation has been determined or the institution responsible for paying the benefits has been identified, the institution which unduly paid cash benefits shall draw up a statement of the amount paid and shall send it to the institution identified as being competent for the purpose of their reimbursement.
Amendment 661 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 3 – subparagraph 3
Article 73 – paragraph 3 – subparagraph 3
If the amount of unduly paid contributions exceeds the amount the legal and/or natural person owes to the institution identified as being competent, the institution which unduly received contributions shall reimburse the amount in excess to the legal and/or natural person concerned. in accordance with national law.
Amendment 662 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 4
Article 73 – paragraph 4
4. The existence of time limits and application procedures under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.
Amendment 682 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
Regulation (EC) No 987/2009
Article 85 a – paragraph 1 – introductory part
Article 85 a – paragraph 1 – introductory part
1. By agreement between the applicant party and the requested party and in accordance with the arrangements laid down by the requested party resulting from existing national law or practice, officials authorised by the applicant party may, with a view to promoting mutual assistance provided for in this Section:
Amendment 685 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 39 a (new)
Article 2 – paragraph 1 – point 39 a (new)
Regulation (EC) No 987/2009
Article 86
Article 86
39a. Article 86 is replaced by the following: "Article 86 Review clause 1. No later than the fourth full calendarwo years after the entry into force of the implementing Regulationexpiry of the transitional period referred to in Article 95, the Administrative Commission shall present a comparative report on the time limits set out in Article 67(2), (5) and (6) of the implementing Regulation. On the basis of this report, the European Commission may, as appropriate, submit proposals to review these time limits with the aim of reducing them in a significant way. 2. No later than the date referred to in paragraph 1, the Administrative Commission shall also assess the rules for conversion of periods set out in Article 13 with a view to simplifying those rules, if possible. 3. Administrative Commission shall present a report specifically assessing the application of Chapters I and III of Title IV ofThe report shall include a review of when settlement on the basis of fixed amounts, as referred to in Section 2 of Chapter I of Title IV, can be deleted. On the basis of this report, the Commission may, as appropriate, submit proposals to shorten those timplementing Regulation, in particular with regard to the procedures and time limits referred to in Article 67(2), (5) and (6) of the implementing Regulation and to the recovery procedures referred to in Articles 75 to 85 of the implementing Regulation. In the light of this report, the European Commission may, if necessary, submit appropriate proposals to make these procedures more efficient and balanced. e limits as well as a proposal to delete Section 2 of Chapter I of Title IV. " No later than 1 May 2015, the Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 687 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 40 – point b
Article 2 – paragraph 1 – point 40 – point b
Regulation (EC) No 987/2009
Article 87 – paragraph 6
Article 87 – paragraph 6
However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence..
Amendment 696 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7 a (new)
Annex I – point 7 a (new)
Regulation (EC) No 883/2004
Annex XIII a (new)
Annex XIII a (new)
7a. The following annex is added: “Annex XIIIa Long-term care benefits in cash provided in derogation from Article 33a(a) of Chapter I (Article 33a(2))”
Amendment 199 #
2016/0264(COD)
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission is empowered to adopt delegated acts in accordance with Article 15 on the basis of a feasibility study to amend the detailed topics listed in Annex I so as to reflect relevant technical, social and economic developments and respond to the new needs of users. In exercising this power, the Commission shall ensure that:
Amendment 206 #
2016/0264(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The adaptations of the planning referred to in paragraph 1 shall be made no later than 2430 months before the beginning of the each data collection period, as specified in the planning. These adaptations shall aim to ensure effectiveness and consistency of the planning with users’ needs.
Amendment 254 #
2016/0264(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 a (new)
Article 16 – paragraph 2 – subparagraph 1 a (new)
In case there is no opinion issued by the European Statistical System Committee, the Commission shall not adopt a delegated act with regards to this particular matter.
Amendment 296 #
2016/0264(COD)
Proposal for a regulation
Annex III – point 2 – point a
Annex III – point 2 – point a
(a) The sample shall have a minimum sixfour-year rotation scheme.
Amendment 41 #
2016/0257(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) analyse skills and qualification needs with regard to robotisation and automotisation and new forms of employment;
Amendment 46 #
2016/0257(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) facilitate exchange of best practices among Member States and relevant national public and private institutions;
Amendment 2 #
2016/0205(NLE)
Draft opinion
Article 1
Article 1
The Committee on Employment and Social Affairs calls on the Committee on International Trade, as the committee responsible, to recommend that Parliament decline to give its consent to the proposal for a Council decision on the conclusion of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part;.
Amendment 41 #
2016/0130(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The binding occupational limit values should be reviewed regularly and at least every 5 years and revised when necessary in the light of scientific data. This revision should duly take into account the recommendations and opinions of the Scientific Committee on Occupational Exposure Limits (SCOEL) and the Advisory Committee on Safety and Health at work (ACSH) which is composed of three full members per Member State, representing national governments, trade unions and employers' organisations.
Amendment 57 #
2016/0130(COD)
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2c) There is no harmonised methodology for measuring workers' exposure to carcinogens, mutagens and substances that are toxic for reproduction at European level. The European Commission should shortly develop such an EU methodology in order to ensure on the one hand, similar and high-level protection for workers and on the other hand, a level playing field.
Amendment 59 #
2016/0130(COD)
Proposal for a directive
Recital 2 d (new)
Recital 2 d (new)
(2d) More transparency on health risks incurred by workers should be provided by including two new columns to Annex III in order to indicate the residual cancer risk associated with each Binding Occupational Exposure Limit and the date of the last estimation.
Amendment 71 #
2016/0130(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The Advisory Committee on Safety and Health at work also assists the Commission, by giving for instance opinions on the Occupational Exposure Limits which should be set at EU level pursuant to Council Directive 98/24/EC and Directive 2004/37/EC in order to protect workers from chemical risks. These opinions are based in particular on the latest available scientific data and socioeconomic impacts.
Amendment 91 #
2016/0130(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) More effective and continuous efforts should be made by Member States and all respective partners in order to reduce gradually limits on chromium compounds which are carcinogens.
Amendment 162 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 1 – column 3
Annex III – Part A – row 1 – column 3
Hardwood dusts (5 years after the date of entry into force of the amending directive)
Amendment 42 #
2016/0070(COD)
Proposal for a directive
Citation 4
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and the counter- opinion; _________________ 5 OJ C,, p..
Amendment 43 #
2016/0070(COD)
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity;
Amendment 51 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at enhancing social cohesion among Member States and guaranteeing a level playing field for businesses and respect for the rights of workers.
Amendment 65 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 81 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherenforce the rules and confirm that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 99 #
2016/0070(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation clarifies also the situation of posted workers as it provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
Amendment 111 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months andshall ensure that undertakings posting workers to their territory guarantee the posted workers additional rights, beside the terms and condition of employment to which they are entitled according to paragraph 1. This should apply from the first day subsequent to the 24 months when it effectively exceeds this duration, unless two Member States concerned agree on derogation. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I RegulationIn order to take into account characteristics of various sectors, the 24 months should be calculated within the reference period of 36 months. For the purpose of calculating the posting period the concept of "the same task at the same place" is also clearly defined and should be determined taking also into consideration the nature of the service provided and the work to be performed.
Amendment 139 #
2016/0070(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons in theof public interest and must be proportionate and necessary. The overriding reasons relating to the public interest which have been acknowledged by the Court include the protection of workers and in particular the social protection of workers in the construction industry.
Amendment 141 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 158 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 190 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay and bonuses and allowances in accordance with their law and practice. However, these national rules on remuneration applied to posted workers must be proportionate, non- discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross- border provision of services. Therefore Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in Article 3.1.(c).
Amendment 204 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 219 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive. It is important for each Member State to ensure that its website works properly and is updated on a regular basis. The Commission should ensure that the addresses of those websites and details of how frequently the sites are updated are available in one place.
Amendment 230 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remunerationMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance with the applicable rules concerning posting in case of subcontracting chains. In the case of the construction sector Member States are obliged, by the Directive 2014/67/EU, to introduce appropriate liability measures in order to ensure fair competition and workers’ rights. WThere such rules on remuneration exist at national level, thefore laws, regulations, administrative provisions or universally applicable collective agreements applicable in Member States may apply them in a non- discriminatory mannensure that subcontracting does not confer ton undertakings posting workers to the possibilitsy territory provided that they do not disproportionately restrict the cross-border proviso avoid rules guaranteeing certain terms and conditions of servicesemployment.
Amendment 258 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(–1) In Article 1, paragraph 2 is amended as follows: "2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel as well as transport services such as transit, international transport and linked cabotage."
Amendment 281 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Article 2a – title
Amendment 288 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months, theA Member State to whose territory a worker is posted shall be deemed to be thea country in which his or her work is habitually carried out if he is subject to social security legislation of that country.
Amendment 289 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
Article 2 a – paragraph 1
1. When the anticipated or the effective duration of posting of an individual worker exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried ouensure, whatever the law applicable to the employment relationship, that the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down by: – law, regulation or administrative provision, and/ or – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to work periods and rest periods, in addition to paragraph 1(a); (b) other mandatory rules relating to leave and holidays, in addition to paragraph 1(b); (c) other mandatory rules in addition to paragraph 1 (c); (d) rules on parental and paternal leave. The duration of posting of an individual worker shall be calculated within the reference period of 36 months, with a possibility to refrain from the application of paragraph 1 following an agreement with regards to concrete cases between competent authorities from the two Member States concerned. When a period of two months has elapsed from the date of expiry of the previous posting period, the calculation shall restart.
Amendment 320 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Amendment 323 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
2. For the purpose of paragraph 1, in case of replacement of posted workerscalculating the effective duration of posting of an individual posted worker according to paragraph 1, in case of replacement of that individual posted worker by another worker performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 365 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes; the minimum rates of pay, including overtime rates; allowances for work carried out on public holidays and Sundays; sector- specific allowances and bonuses with regards to specific working conditions as well as health and safety; seniority allowances; end of year bonuses; daily allowances including board and lodging allowances with regard to assignment within the Member State to which a worker is posted; this point does not apply to supplementary occupational retirement pension schemes, benefits in kind as well as bonuses and allowances which are not directly paid to posted workers;
Amendment 392 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 412 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state. Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned. Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 420 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state.
Amendment 421 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 b (new)
Article 3 – paragraph 1 – subparagraph 2 b (new)
Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned.
Amendment 422 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 c (new)
Article 3 – paragraph 1 – subparagraph 2 c (new)
Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 425 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)specify in a transparent way minimum rates of pay as well as allowances and bonuses as listed in point (c) that are applicable in their territory. They shall publish this information in the single official national website referred to in Article 5 of Directive 2014/67/EU. In case of universally applicable collective agreements a separate clear information on the applicable minimum rates of pay as well as bonuses and allowances shall be published.
Amendment 444 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
In case of subcontracting the national contractors shall be obliged to inform their subcontractors in writing about applicable terms and condition of employment including minimum rates of pay, applicable bonuses and allowances.
Amendment 453 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 13 #
2016/0043(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) The "Europe 2020 Strategy" proposed by the Commission enables the Union to turn its economy towards smart, sustainable and inclusive growth, accompanied by high level employment, productivity and social cohesion. Five headline targets, listed under the relevant guidelines, constitute shared objectives which guide the action of the Member States, and take into account their relative starting positions and national circumstances as well as the positions and circumstances of the Union. The European Employment Strategy has the leading role in the implementation of the employment and labour market objectives of the new strategy. However it has to be noted that many Member States are still struggling to meet the Europe 2020 employment, poverty, social exclusion and education targets and that more efforts from national governments and the Commission are needed in order to reach expected results.
Amendment 20 #
2016/0043(NLE)
Proposal for a decision
Recital 2 a (new)
Recital 2 a (new)
(2a) The Council is adopting a decision on guidelines for the employment policies of the Member States, which should take into consideration the opinion of the European Parliament.
Amendment 21 #
2016/0043(NLE)
Proposal for a decision
Recital 3
Recital 3
(3) The integrated guidelines are in line with the conclusions of the European Council. They give precise guidance to the Member States on defining their National Reform Programmes and implementing reforms, reflecting interdependence and in line with the Stability and Growth Pact. The employment guidelines should form the basis for any country-specific recommendations that the Council may address to the Member States under Article 148(4) of the TFEU, in parallel with the country-specific recommendations addressed to the Member States under Article 121(2) of that Treaty. The employment guidelines should also form the basis for the establishment of the Joint Employment Report sent annually by the Council and the European Commission to the European Council. It should be noted that three employment indicators: activity rate, youth employment and long- term unemployment have been recently included in the macroeconomic imbalance procedure and that the European Parliament in its Resolution of 22 February 2016 on the European Semester for economic policy coordination: Employment and Social Aspects in the Annual Growth Survey 2016, called for these indicators to trigger an in-depth analysis in the relevant Member States which can result further in economic, labour market and social reforms being suggested and applied.
Amendment 33 #
2016/0043(NLE)
Proposal for a decision
Recital 4
Recital 4
(4) The examination of the Member States' National Reform Programmes contained in the Joint Employment Report shows that Member States should continue to make every effort to address the priority areas of increasing labour market participation and reducing structural unemployment, generating jobs, supporting well- functioning, dynamic and inclusive labour markets, developing a skilled workforce responding to labour market needs and promoting job quality and lifelong learning, improve the performance of education and training systems at all levels and increasing participation in tertiary education, promoting social inclusion and combating poverty.
Amendment 19 #
2015/2351(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to combat early school-leaving byRecognizes the decrease in the number of early school- leavers, however calls on Member States to continue their efforts to combat this phenomena; underlines the need to focus on providing graduates with at least basic skills and facilitating a more swift transition from school to work by i.e. adequately informing students about future labour market opportunities and qualitative apprenticeships;
Amendment 33 #
2015/2351(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that unemployment rates clearly decrease as the level of education attained rises, making it necessary to promote and invest in higher education opportunities for the young people in the EU;
Amendment 35 #
2015/2351(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the fact, that skills mismatch is still one of the main barriers to employment and economic growth; calls on Member States to continue reforming educational systems in order to provide young people with skills sought by labour markets;
Amendment 53 #
2015/2351(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that due to the current digitalisation and new trends in the labour market, more and more young people encounter the new forms of employment, balancing between flexibility and security; stresses the importance of an adequate education of youth aimed at emphasizing the importance of social protection mechanisms in career's development;
Amendment 63 #
2015/2351(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Member States to implement fully the Erasmus+ programme, thereby fostering further cross-border career anddevelopment and exchange of experience; calls on Member States to promote and monitor the use of EURES in order to enhance intra-EU labour mobility;
Amendment 68 #
2015/2351(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Member States to implement fully the Youth Guarantee, for example by putting in place career guidance systems and compulsory registration for the unemployedmethods of data collection in order to gain a picture of the real situation as regards youth unemployment; calls on Member States and regions to exchange good practices and learn from each other.
Amendment 279 #
2015/2330(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the need to promote sustainable growth leading to the creation of more and better jobs and tangible prospects for all, young people in particular, in order to respond to the internal and external challenges facing the EU;
Amendment 312 #
2015/2330(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that investment priorities must be oriented to infrastructurale and human capital development projects where these are clearly needed in order to ensure social fairness or enhance sustainable growth; calls on the Commission to require both a prior presentation of the expected social and economic outcomes of any EU-funded investment project and its subsequent monitoring and evaluation;
Amendment 377 #
2015/2330(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Points out to the Member States, in view of the ageing of Europe’'s citizens, the social risk implied in not being able to guarantee the sustainability and effectiveness of social security systems over the coming decades;
Amendment 96 #
2015/2321(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that significant differences exist in the times and modalities of processing requests for international protection within Member States; highlights that slow and excessively bureaucratic procedures may hinder refugees’ access to the labour market, as well as the activation of EU programmes and the use of funds in this field; calls therefore on Member States to improve effectiveness of those procedures while at the same time ensure the highest level of safety for refugees and European citizens;
Amendment 143 #
2015/2321(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that granfacilitating refugees access to the labour market is important to restoring their human dignity and self- worth and is also cost-efficient, as it would allow them to be self-sufficient and to gain economic independence, which is an essential step for their inclusion into society, and a responsible approach towards public finances, easing the cost borne by Member States while also enabling them to become active fiscal contributors, which is generally considered beneficial for their individual growth, development and self- esteem;
Amendment 199 #
2015/2321(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the fact that positive effects of expansive public fiscal policies, covering the extraordinary investments in social inclusion and labour market integration measures and programmes, are likely to have a positive effect on national GDPs in the short term, while medium- or long- term impacts on public finances will depend on the effectiveness of these measures;
Amendment 226 #
2015/2321(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls therefore on the Commission to raise the allocation of the European Social Fund to a 25 % share of the cohesion policy budget in the revision of the Multiannual Financial Framework11 ; _________________ 11 http://www.europarl.europa.eu/news/en/ne ws-room/20131118IPR25534/MEPs- approve-new-cohesion-policy- %E2%82%AC325bn-to-invest-in- Europe’s-regionsand Member States to consider, in the revision of the Multiannual Financial Framework, reprogramming and adopting priorities of the European Social Fund in order to take into account the need of effective social inclusion and integration of refugees into the labour market;
Amendment 289 #
2015/2321(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to ensure the swift and full labour market integration and social inclusion of refugees, including access to housing, healthcare and social protection and help in getting access to housing;
Amendment 352 #
2015/2321(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on Member States to grant special care to refugee children, granting them access to education and facilitating their integration with local societies as soon as possible as this will have positive effects in the future;
Amendment 354 #
2015/2321(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls on Member States to set up information campaigns addressed to refugees in order to inform them about their rights and obligations as well as to citizens to increase their awareness and understanding of the integration process of refugees to local societies and the labour market;
Amendment 85 #
2015/2320(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes a growing impact on the labour market of the emerging new forms of employment aiming mainly at increasing flexibility for employers and/ or employees, especially in cases of SMSs; calls for an immediate analysis of their impact on working conditions and social protection schemes in the EU;
Amendment 155 #
2015/2320(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that apprenticeship schemes within SMEs should be promoted by Member States, including through financial incentives; underlines the importance of trainings for the managers and members of boards;
Amendment 276 #
2015/2320(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Underlines the importance and potential of the Internal market for the development and growth of SMEs, through the freedom of establishment and freedom to provide services;
Amendment 342 #
2015/2320(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to conduct an impact assessment regarding the implications of the future TTIP agreement and granting China market economy status for jobs in the SME sector in all Member States;
Amendment 27 #
2015/2257(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that mobility in VET is a great opportunity, especially for young people, to get skills and unique experience they need to be competitive in today's labour markets throughout the EU;
Amendment 34 #
2015/2257(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. NUnderlines that recognition across Member States of learners' achievements and gained competences is key; notes that, despite improvements to the arrangements for the recognition of diplomas, credits, skills certificates, competency accreditations and acquired expertise in the context of VET, a legal basis applicable throughout the EU is needed;
Amendment 6 #
2015/2255(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Articles 151 and 153 of TFEU as well as Article 9 TFEU guaranteeing adequate social protection,
Amendment 15 #
2015/2255(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the recently adopted decision on Establishing the European Platform to enhance cooperation in the prevention and deterrence of Undeclared Work,
Amendment 34 #
2015/2255(INI)
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towardsexisting phenomena of undeclared work, and bogus self- employment, outsourcing and subcontracting, which leading to an increase in precarious jobs and deterioratinge levels of worker protection,; having regard to an increasing trend towards outsourcing and subcontracting which may create possibilities to abuse existing labour and social law;
Amendment 69 #
2015/2255(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted on one hand the legitimacy of the struggle against social dumping, and delimitation of respective actions based on the provisions of the Treaty on the other; __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309
Amendment 77 #
2015/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. having regard to the fact that there is no legal definition of social dumping which may create confusion with respect to respective recommendations and their application;
Amendment 84 #
2015/2255(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. having regard that to the fact that there are different ways on how "social dumping" is being interpreted and that for the purpose for this report social dumping should be considered as "the intended abuse or circumvention of existing European and national laws in order to gain competitive advantage while unlawfully minimising labour and operational costs and not respecting workers' rights;
Amendment 88 #
2015/2255(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. having regard to the distinction in the EU law of rules governing the free movement of workers, the right of establishment and the freedom to provide services;
Amendment 92 #
2015/2255(INI)
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protectioArticle 45 of TFEU stipulating that freedom of movement shall entail the abolition of any discrimination based on nationality between fwor the same work at the same place' for all European workers,kers of the Member States as regards employment, remuneration and other conditions of work and employment;
Amendment 121 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. having regard to the fact that one of the main principles of EU policies is a social cohesion, which means a constant and ongoing approximation of wages and social security protection guaranteed to all workers, be it local or mobile;
Amendment 137 #
2015/2255(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. Due to a very wide meaning and various possibilities of interpretation of "social dumping" , as well as due to the fact that this term is often being wrongly overused, calls on all relevant stakeholders to limit its use and instead to be more precise and refer to concrete examples of abuse of law;
Amendment 151 #
2015/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based onEncourages Member States to ratify and implement the ILO Convention No. 81 on labour inspection;
Amendment 171 #
2015/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase thsecure appropriate staffing levels and resources ofor their labour inspectorates and their liaison offices, in particular for interpretation and translation and to make sure that inspections are proportionate, justified and non- discriminatory;
Amendment 186 #
2015/2255(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Member State to swiftly finalise the implementation of the Enforcement Directive on Posting of workers 2014/67/EU and calls on the Commission to closely monitor the transposition and exercise of corresponding national laws in practice;
Amendment 191 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour inspectors to carry obetter and more efficient cooperation and exchange of information between Member States' administrations responsible for labour inspections and for distribution of social security contribut ion-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body woulds in order to detect in a timely and efficient ways cases of breach of labour and social law; calls on Member States to use all possibilities given by the Enforcement Directive on the posting of workers 2014/67/EU in order to identify and penalise 'letterbox companies'; recommends to the Commission to consider changing the Eurodetachement projects into a permanent platform of exchange, common training and collaboration for labour inspectors and public officials of liaison offices on Posting involved in control and monitoring, which could be included or work in coordination with the platform against undeclared work in order to limit the financial burden involved;
Amendment 226 #
2015/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the implementation byon Member States ofto make electronic systems available for the registration of the prior declaration of posting missions;
Amendment 236 #
2015/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic workMember States to establish legal frameworks allowing for lawful employment of domestic workers and carers, in order to provide legal certainty for both the workers and their potential employers;
Amendment 250 #
2015/2255(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that the competent authorities should be able to suspend the provision of servicimplement discouraging fines in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributionstresses the importance of provisions of the Enforcement Directive on Posting of workers 2014/67/EU on the cross-border enforcement of financial administrative penalties and/or fines, guaranteeing the effective, proportionate and dissuasive character of the latters;
Amendment 268 #
2015/2255(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that information on postings should not be retroactive and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuineCalls on Member States to exchange information in a timely and efficient manner especially in cases where competent authorities of the host Member State may have serious doubts about whether a posting is genuine and about the reliability of A1 forms provided; stresses that the improved access to information for workers, employers and labour inspectors such as single national website is a key tool in the fight against abuses of rules;
Amendment 284 #
2015/2255(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls its appeal forInvites the Commission to consider evaluating the feasibility of the creation of 'a forgery-proof European social security card (...)or other EU-wide electronic document on which could be stored all the data needed to verify the bearer’'s social security status based on an employment relationship'11 [1]; wishes all the necessary information associated with the worker's postings to feature on this card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN
Amendment 293 #
2015/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 310 #
2015/2255(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses the need to complement the action against the breaches of social rights with a fight against tax fraud and tax evasion, in order to guarantee a fair competition and a level playing field for the enterprises;
Amendment 321 #
2015/2255(INI)
Motion for a resolution
Subheading II
Subheading II
II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work'enforce national and European labour and social law
Amendment 329 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarterarefully monitor the implementation of the Enforcement Directive on the posting of workers in terms of its effectiveness in combating the phenomenon of letterbox companies; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies as some of the provisions suggested could facilitate creation of this kind of entities;
Amendment 349 #
2015/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 366 #
2015/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. ConsiderRecalls that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positionsDirective 96/71/EC on the posting of workers contains a very important safeguard clause which obliges employers to apply minimum terms and conditions of employment applicable in the receiving country unless they are less favourable to posted workers; notes that this safeguard clause guarantees fair competition; calls on all posting companies to fully apply this principle, on Member States to control its application and on the European Commission to control its enforcement; stresses the need to respect the universally applicable collective agreements of the host country and to ensure, through the revision ofhe Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration; notes the recent ECJ ruling C-396/13 Sähköalojen ammattiliitto ry v Elektrobudowa Spółka Akcyjna clarifying the concept of 'minimum rates of pay' for posted workers;
Amendment 381 #
2015/2255(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes the intention of the European Commission to publish the Labour Mobility Package which will allegedly contain certain provisions with regards to posting of workers; calls on the European Commission to make sure new proposals continue to facilitate the freedom to provide services, while protecting workers' rights and are clear, proportionate, non- discriminatory and justified;
Amendment 399 #
2015/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Wishes periods of postCalls on competent authorities in Member States to carefully control, accordings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directiveexisting rules, whether provision of services, making use of posted workers, is temporary; underlines importance of elements listed in article 4 of the Enforcement Directive in this respect;
Amendment 409 #
2015/2255(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that due to differences in Member States labour laws it is difficulty to make a clear distinction between employees and self- employed workers at EU level; thus in order to combat bogus self- employment calls on the Commission to propose specific recommendations based on indicators of the existence of an employment relationship according to the ILO Convention 198 on Employment Relationship Recommendation;
Amendment 419 #
2015/2255(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission to face new challenges with respect to social protection of workers in digital and sharing economy and to draw up proposals where necessary;
Amendment 421 #
2015/2255(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Calls on all Member States to secure equal treatment of EU migrant workers with regards to their terms and conditions of employment in the host Member State;
Amendment 431 #
2015/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increasedmore efficient controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 on a swift implementation of the Regulation No 165/2014 on the tachographs in the road transport; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 446 #
2015/2255(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 465 #
2015/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 493 #
2015/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification; calls for clarity in this respect in order to make sure which terms and conditions of employment and administrative requirements should apply;
Amendment 516 #
2015/2255(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for a new regulation on groundhandling at airports to ensure mandatoryappropriate social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State as well as a better quality of services and level playing field for service providers; calls for the clarification of the definition of 'home base' to protect the social rights of cabin crews, in particular their rest periods;
Amendment 533 #
2015/2255(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'make sure that flexible employment contracts have an appropriate social security coverage under national and EU law; believes that precariousunsecure working conditions arcan be an additional safety risk;
Amendment 542 #
2015/2255(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 565 #
2015/2255(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 594 #
2015/2255(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that a social protocol is necessary to ensure the primacy ofRecalls that the EU law provides clear rules on the fundamental rights overand economic freedoms and that this is further specified by existing ECJ rulings;
Amendment 605 #
2015/2255(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. calls for respect and promotion of cooperation among employers' and employees' representatives aimed at anticipating and reacting to the changes in the labour market and at reaching agreements on higher standards of employment;
Amendment 612 #
2015/2255(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical frameworkrole to propose minimum legal requirements in view to achieve objectives set in the art.151 TFEU taking account of the diverse forms of national practice and the subsidiarity principle;
Amendment 628 #
2015/2255(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workersEncourages Member States to introduce, according to their national law and practice and after consulting social partners, a national minimum wage; invites Member States, where this is feasible, to make the minimum wage represent at least 60% of the average national wage;
Amendment 658 #
2015/2255(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the development of unemployment benefit arrangements as a mechanism ft Member States level and their por tabsorbing asymmetric social shocks within the euro areaility under the EU social security coordination;
Amendment 672 #
2015/2255(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. CRecalls on the Commission to propose a legal instrument to address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors athat Member States can set up, in consultation with the concerned social partners, "joint and several liability" mechanisms at national level applicable towards local and foreign companies in order to enable local and foreign workers to execute their rights; reminds the entire subcontracting chainat such a possibility was confirmed by the Enforcement Directive on the Posting of workers;
Amendment 676 #
2015/2255(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Recognizes the risks related to long chains of subcontracting; calls on the Commission to carefully monitor the application of the obligation put on Member States in the Enforcement Directive to provide for measures ensuring that in the construction sector in subcontracting chains posted workers can hold the contractor of which the employer is a direct subcontractor liable for the respect of their workers' rights;
Amendment 679 #
2015/2255(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries that their subcontractors operating in third countriesall relevant stakeholders to put in place an appropriate cooperation in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventions;
Amendment 699 #
2015/2255(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be revianalysed before any trade agreement including provisions relating to 'Mode 4' can be concluded;
Amendment 88 #
2015/2226(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a stronger role for social partners in the development and implementation of common agricultural policy in order to create quality jobs, ensure adequate health and safety conditions and foster the social integration of rural workers, in particularcluding migrant workers;
Amendment 133 #
2015/2226(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for the defence of the right to public services in rural areas against current neo-liberal policies; supports the development of minimum income schemesSupports the development of minimum income schemes at national level and all the measures targeted to ensure social cohesion, given the high rate of poverty and social exclusion in rural areas.
Amendment 108 #
2015/2223(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Invites the Commission to present, in the context of the announced social pillar, an EU framework directive on adequate minimum income in 2016encourage Member States to introduce minimum wage schemes at national level as a way to fight against poverty;
Amendment 177 #
2015/2223(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s intention to present a newwork on a social pillar; recalls that to deliver on Article 9 TFEU, such a pillar should be aimed at setting a European framework for a minimum income above the poverty level, continuing with a rights- based approach to social policy and improving implementation of existing social, labour and anti-discrimination legislationimproving implementation of existing social, labour and anti-discrimination legislation, modernising existing legislation as well as presenting new legislative measures if needed in order to improve effectiveness of social and employment policies;
Amendment 189 #
2015/2223(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission’s intention to aim for a social triple A score for the Union; finds regrettable that this is currently considers it to be a challenge taking into account of reach owing tocases of increasing inequality, high poverty and social exclusion and less and less availability of quality and affordable social, health and care services; recalls that a social triple A must be based on Article 9 TFEU aimed at 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’; recalls that achieving a social triple A as a benchmark requires assessing both policies that hinder and work towards achieving the benchmark; finds regrettable that so far the latter has not been addressed at Union level sustainable growth in Europe is key in order to deliver on this commitment;
Amendment 230 #
2015/2223(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that an EU framework directive on minimum income should specify which criteria Member States’ minimum income schemes would need to meet so as to lift people out of poverty; considers that such a framework would need to be rights-based, address the level of income, the non-discriminatory, efficient and easy access and the take-up, targeting especially those groups, who currently are excluded from or at risk of exclusion from minimum income schemesAcknowledges that there are different systems in Member States with regards to minimum income schemes; underlines therefore that a strengthened dialogue between Member States and EU institutions is needed in this regard;
Amendment 245 #
2015/2223(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that minimum income schemes should prevent and lift households out of severe material deprivation and allow for an income above the poverty threshold; recalls that a minimum income ischemes at national level are a key instrument for delivering on Article 9 TFEU guaranteeing adequate social protection as well as on the fundamental right to decent living conditions, participating in society and protection of human health;
Amendment 248 #
2015/2223(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Underlines that poverty among older persons is a major problem in many Member States; calls therefore on EU countries to reform pension systems in order to guarantee an adequate level of pension incomes as well as sustainability and security of pension systems;
Amendment 344 #
2015/2223(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States not to exempt the energy intensive industries from taxes, but to use these revenuto consider using the revenues from taxes put on energy intensive industries for measures that benefit low-income households, including targeted energy efficiency measures and financing of social security systems, which can in turn reduce the burden on labour costs; considers that such an offsetting mechanism could be an integral element of a socially equitable tax shift as proposed by the Commission in the current employment guidelines;
Amendment 14 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that whilst it is impossible to hold backentirely quantify the effects of the digital revolution, it is possible to shape its course with a view to reach positive results for employers and employees;
Amendment 60 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to undertake a thorough assessment of the impact which digitalisation will have on the number and types of jobs available and to gather information on new forms of employment, such as crowdsourcing and crowdworking;
Amendment 81 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that as job and skills profiles become more complex, new demands are being placed on training and further education which must be adapted to new market realities; emphasises the importance of social dialogue in efforts to bring course content up to date and develop skills strategies;
Amendment 113 #
2015/2147(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to quickly take the initiative to amend the law to reflect technological progress and eliminate a serious obstacle to the development of the e-book and e-paper market;
Amendment 131 #
2015/2147(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that the digitalisation-driven trend towards more flexible working practices may also give rise to precarious forms of employment to which current standards as regards social security, working time, working location, worker participation and employment protection no longer apply; calls for self-employed persons with quasi-employee status to be pcan offer an opportunity for both employees and companies; underlines at the same time the need to strike balanced on an equal footing with employed persons under employment law between flexibility and security for employees;
Amendment 157 #
2015/2147(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that freedom of association must apply in e need to better align labour market legislation withe context of new forms of employmenthallenges arising from digitalisation;
Amendment 178 #
2015/2147(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 50 #
2015/2116(INI)
Motion for a resolution
Recital J
Recital J
J. whereas only half of the people between 55 and 65 are in employment, and long- underlines the fact that the female employment rate in this age group in some Member States is around or less than 30%, and the gender employment gap is the highest - 14,5 pps compared to the gap for the middle age group (30-54 years old)- 12.4 pps and the young group (20-29 years old) - 8.3 pps1a , takes the view that long-term unemployment is particularly prevalent among younger and older employees;, especially women; __________________ 1a Source: Eurostat, LFS, 2012
Amendment 182 #
2015/2116(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that the most important resource of the EU and the Member States is their human resources; calls for investment in the development of the digital and soft skills needed in the future, including throughtakes the view that e-skills are essential for older workers over 55 in order to safeguard them from the exclusion from the labour market and to facilitate them in finding new employment, calls on the Commission and the Member States to support and invest in life-long learning, as well as comprehensive training and schemes and the retraining of older employeeswhich prepare for a better adaptation to growing demand for e-skills in many different sectors, stresses therefore that older workers over 55, especially women should have continuous access to trainings on ICT;
Amendment 6 #
2015/2105(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 49 #
2015/2105(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Rejects anyStresses that further liberalisation of the GATS Mode 4 commitments should be subject to monitoring of compliance with EU and national labour standards;
Amendment 56 #
2015/2105(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that labour standards, including the eight fundamental International Labour Organisation conventions, must be equally implemented in all chaptercomplied with by signatories of trade agreements, and that these agreements must include a revision clause allowing a party to leave the agreement or to suspend commitments in the event of infringementsfor review of the application of labour and social standards;
Amendment 79 #
2015/2105(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises the need to increase theensure sufficient staffing levels of, and the resources available to, Member States’ labour inspectorates to allow for effective monitoring of labour standards;
Amendment 89 #
2015/2105(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the importance of binding measures for due diligence in the production chain, ensuring liability going beyondsupplementing voluntary corporate social responsibility initiatives;
Amendment 11 #
2015/2103(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. calls on the European Commission to develop a method to enable monitoring of the number and nature of jobs lost and created by robotisation and automation, and the impact of this phenomenon on income lost by social security systems, taking account of the fact that the development of robotics is often co- financed with EU funds;
Amendment 20 #
2015/2103(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. stresses that the lack of legal provisions and regulations with regard to work automation is flagrant, given the fact that it underpins the new and already ongoing industrial revolution;
Amendment 34 #
2015/2103(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. education must pave the way for the next generation to be able to live fully productive lives in a world which will be changed by robotisation and automation; today’s fast-paced automation and digitalisation of work and services require digital skills and competences to be developed immediately in order to ensure a high level of employment, eradicate growing digital illiteracy and the risk of social exclusion that is associated with it;
Amendment 51 #
2015/2103(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. stresses that in the face of already- increasing divisions in society, with a shrinking middle class, it is important to bear in mind that developing robotics may lead to a high concentration of wealth and influence in the hands of a minority;
Amendment 88 #
2015/2103(INL)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 3 #
2015/2095(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Commission has adopCommission's efforts to created an ambitious European migration agenda; and urges the European Council to show the samea high level of ambition and to support the Commission by deedstay united in order to come up with timely and strong responses towards the migration crisis;
Amendment 28 #
2015/2095(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on Member States to exchange good practice on how to integrate refugees into European society and labour market; calls on the Commission to take advantage of Member States' experiences and come up with a set of recommendations on how to complete this process in an effective way;
Amendment 32 #
2015/2095(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Maintains that labour market data have to be taken into account in the permanent relocation mechanism for refugeeswhen designing integration policies in the EU in order to ensure that ithis process will not worsen the social and economic situation for refugees’ home territoriin host Member States and their populations;
Amendment 55 #
2015/2095(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the majority of asylum seekers whose applications have been rejected in any Member States stay in the EU without any legal status, which means that there are a growing number of illegal migrants without right to work and access to education for their children; stresses therefore a need to control and monitor illegal migrants as they are at risk of social exclusion and poverty, which makes them susceptible to all types of external influences including radicalism;
Amendment 70 #
2015/2095(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on Member States to carefully screen their education systems in order to identify ways on how to integrate refugees’ children as soon as possible into the education process;
Amendment 85 #
2015/2095(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and Members States to carry out an information campaign in migrants' countries of origin in order to provide them with proper, adequate information on procedure of granting asylum in the EU, as well as their rights and obligations in Members States in order to ensure that those who travel have a valid legal claim for asylum;
Amendment 91 #
2015/2095(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. CHighlights the need to strengthen the importance of the EU Blue Card, which is applicable to highly-qualified workers from third-countries, and which helps to address demographic challenges in the EU by filling shortages in the EU's labour markets, stresses the fact that highly- qualified migrants could be an asset in integrating and assimilating other non- EU nationals to European societies; calls on the Commission to adopt an ambitious approach when revising the ‘Blue Card’ Directive3 in order to improve its implementation and make it clearer and more effective in attracting highly qualified labour. __________________ 3 Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 155, 18.6.2009, p. 17.
Amendment 95 #
2015/2095(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Member States to duly take into account non- governmental organisations and other relevant stakeholders when designing integration strategies as well as information campaigns addressed to local communities;
Amendment 98 #
2015/2095(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on Member States to prepare local societies to welcome refugees and their families via well prepared information campaigns;
Amendment 54 #
2015/2094(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. Having regard to social challenges such as population ageing or social exclusion as well as the need to facilitate reconciliation of work with family life,
Amendment 60 #
2015/2094(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. having regard to the fact that household services, family employment and home care have a potential to improve economic and social cohesion in the EU,
Amendment 63 #
2015/2094(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. having regards to the fact that an adequate regulation of this sector would contribute to fighting with undeclared work,
Amendment 135 #
2015/2094(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on policy makers to recognise household services, family employment and home care as a valuable economic sector that needs to be better regulated within Member States with a view to create a friendly environment for domestic workers and provide families with a capacity to assume their role as employers;
Amendment 78 #
2015/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StressesPoints out that regardless of 2 million unfilled vacancies in the EU there are many over-qualified youth unemployed whose skills do not match demand of the labour market, stresses therefore, the need to build up partnerships between local authorities, education and employment services and the business community to support the creation, implementation and monitoring of employment strategies and action plans; calls for closer and structural co-operation between education, public administration, business and civil society, especially youth organisations;
Amendment 82 #
2015/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need to build up partnerships between local authorities, education and employment services and the business community to support the creation, implementation and monitoring of employment strategies and action plans; calls for closer and structural co-operation between education, public administration, business and civil society, especially youth organisations;
Amendment 95 #
2015/2088(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of administrative capacity; calls thereforefor the strengthening of the partnership principle as well as for the provision of appropriate training for local and regional authorities as well as other relevant stakeholders in order to use European funds more effectively and strategically;
Amendment 130 #
2015/2088(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines that entrepreneurial skills can be acquired also through skills development programmes organised outside of the general education system and that these programmes may include coaching and mentoring activities supplied by experienced trainers, entrepreneurs and business experts that facilitate not only valuable business know-how, advice and feedback to potential entrepreneurs but also allow them to develop valuable network of contacts with existing enterprises and entrepreneurs that could otherwise take very long time to achieve;
Amendment 146 #
2015/2088(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that employers and entrepreneurs play a great role in training in the workplace as well as providing apprenticeships and that this should be further supported and developed;
Amendment 166 #
2015/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that good quality educational guidancetailor- made guidance and support at all stages of education is necessary and can lower the risk of early school-leaving as well as help to overcome difficulties in accessing the labour market;
Amendment 170 #
2015/2088(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the importance of regular monitoring of the future skills needs' and encourages therefore Member States and all relevant stakeholders to share good practice in this regard and further develop monitoring and forecasting tools;
Amendment 205 #
2015/2088(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls for enhanced cooperation between education institutions (both on vocational and higher level) and entrepreneurs in developing curricula adjusted to the labour market needs;
Amendment 209 #
2015/2088(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines the importance of developing digital skills and media literacy from the earliest stage at school and going through the whole education cycle;
Amendment 230 #
2015/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the recent decision by EU co-legislators on increasing pre-financing for the Youth Employment Initiative, which aims to smooth the implementation of this important initiative for regions and states facing financial difficulties; calls Member States and local and regional authorities to use the available funds for bringing forward the necessary structural reforms and creating sustainable instead of only ad hoc solutions;
Amendment 235 #
2015/2088(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Points out that, despite high youth unemployment rates in some Member States and unfilled job vacancies in others, intra-EU labour mobility remains low; recalls therefore the importance of the mobility of workers for a competitive labour market, and stresses the need to reduce the linguistic and cultural barriers that are liable to restrain it by providing sector-specific language courses and trainings on intercultural communication for the unemployed;
Amendment 243 #
2015/2088(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that skills development should also be considered as a mechanism leading to equal opportunities for people from disadvantaged groups, in particular for children and young people from families affected by poverty, the long-term unemployed, including second-generation unemployed, immigrants and people with disabilities; stresses that prevention as well as life- long support and counselling at anfrom the earlyiest stage possible are of the outmost importance, because although enabling people who are at a disadvantage to develop skills and to enter the labour market requires time and resources it is also socially and economically profitable; also stresses the need to provide support and skills development via training for employers, recruiters and human resources managers to support the inclusion of disadvantaged groups into the labour markets;
Amendment 13 #
2015/2061(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note ofIs dismayed at the result of the popular initiative of 9 February 2014; calls, however, on the European Union to remain firm on the fundamental principle of free movement of persons and services so that Switzerland continues to grant privileged access to Union workers and enterprises;
Amendment 2 #
2015/2038(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the ILO’s eight core labour standards and the four ILO Priority Conventions for the industrialised countries to be systematically includeda complete inclusion of EU labour standards and law in all bilateral EU trade agreements;
Amendment 44 #
2015/2038(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for sustainable impact assessments and human rights impact assessments to be carried out, at bilateral level, before, during and afterwith regards to the negotiations; takes the view, also, that negotiators should take into account to a greater extent the priorities and concerns that emerge from these impact studies;
Amendment 12 #
2015/2007(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Points out that digitalisation has a substantial impact on the labour market by modifying job dynamism, creating new job opportunities and more flexible working conditions such as telecommuting or teleworking which could serve as a an effective tool for better reconciliation of professional and domestic duties for both women and men;
Amendment 14 #
2015/2007(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Highlights the fact that the Commission's estimations show that allowing more women to enter the digital jobs market can create an annual € 9 billion GDP boost in the EU area;
Amendment 15 #
2015/2007(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Stresses the importance of improving digital skills and IT-literacy among women and boosting their inclusion into ICT, which is one of the highest paying sectors, which could contribute to women's financial empowerment and independence resulting in the reduction of the total gender wage gap and future pension gap;
Amendment 31 #
2015/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the fact that the ICT sector is characterised by both vertical and horizontal segregation which is even higher that the other sectors, as well as a gap between women's educational qualifications and their position in the ICT sector; whereas the majority (54 per cent) of women employed in ICT sector occupy lower paid and lower skill-level positions and only a small minority of them (8 per cent) are in the high skill software engineer positions; whereas women are also underrepresented in the decision-making within this sector with only 19,2 per cent of ICT sector workers having female bosses compared to 45,2 per cent of non-ICT sector workers;
Amendment 35 #
2015/2007(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that the ICT sector is rapidly growing, creating around 120,000 new jobs every year, however skills shortage in ICT and related services might cause up to 900,000 unfilled vacancies by 2020, due to a skills mismatch, stresses therefore the importance to make a full use of women's potential and talents to fill up those vacancies and include women to the ICT sector in order to boost economy in the EU and women's employment opportunities as well as offer a level of protection against exclusion from the labour market;
Amendment 46 #
2015/2007(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the fact that some Member States (Germany, Spain, Sweden) initiated policies to encourage a positive gender balance within Europe's ICT professions, and these policies are primarily aimed at promoting ICT-related studies and career paths for girls and women from an early age;
Amendment 47 #
2015/2007(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Points out that digitalisation in the labour market changes nature of work and relations between employer and employee as well as creates new possibilities of organisation of work; stresses that these new opportunities require rethinking and redefying terms such as place and boundaries of work time; stresses that employees labour rights guaranteed by Member States' labour law, should be safeguarded independently of new forms and organisation of work brought by digitalisation;
Amendment 82 #
2015/2007(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the opportunity for a better work-life balance for women in the digital age; emphasises the risks posed by potential demand for a constant accessibility of employees (e.g. burnout); advocates, therefore, a ‘right to log off’ for workerstresses therefore the need for respecting working time arrangements under flexible hours employment contracts in order to maintain the boundaries of working time as defined by the labour law in the individual Member States;
Amendment 94 #
2015/2007(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Takes the view that women over 55 are more likely to have depreciated e-skills due to the lack of life-long learning and that digitalization constitutes an important barrier for older job seekers with limited e-skills, calls on the Commission and the Member States to support life-long learning as well as training and schemes which prepare for a better adaptation or a potential change of career path according to the growing demand for e-skills in many different sectors with a special regard to women over 55 in order to safeguard them from the exclusion from the labour market;
Amendment 21 #
2015/2006(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas young entrepreneurs face numerous challenges and difficulties such as lack of experience, right skills, access to finance and infrastructure;
Amendment 47 #
2015/2006(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and Member States to apply a business- friendly approach when drafting legislation and constantly remove barriers to entrepreneurship in order to help young people to transform their creative ideas into successful business plans;
Amendment 51 #
2015/2006(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to be proactive in simplifying the regulatory frameworks of socialfor businesses, promote them and monitor the quality of the employment practices of such businesses and removing barriers to entrepreneurship;
Amendment 60 #
2015/2006(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need to address financial difficulties that affect young entrepreneurs and facilitate their access to special grants and microcredits as well as reduce existing administrative and regulatory burdens, especially in the very beginning of their entrepreneurial activities;
Amendment 78 #
2015/2006(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to develop policy measures in order to increase the entrepreneurial knowledge among young people via specialised trainings from an early age, development of soft skills such as teamwork, autonomy and self- initiative as well as to promote the idea of becoming an entrepreneur;
Amendment 81 #
2015/2006(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the importance of practical experience for the success of start- ups set up by young entrepreneurs, therefore calls on Member States to develop initiatives that provide young entrepreneurs with skills, advice, coaching and mentoring activities led by experienced entrepreneurs and business experts;
Amendment 96 #
2015/2006(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the important role that teachers play in fostering an entrepreneurial mindset among young people and providing them with right skills and qualifications, therefore calls on Member States to pay special attention to development and provision of specialised and experience- based trainings to teachers;
Amendment 103 #
2015/2006(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to monitor concrete measures implemented by Member States to support entrepreneurship among young people and to devote special attention to the promotion and publication of information about results and to encourage exchange of best practice.
Amendment 339 #
2015/2005(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to ensure that proposals on the opening-up of services in all transport markets do not lead to social dumpinggo hand in hand with the proper enforcement of existing EU social regulations and do not lead to unnecessary additional administrative burdens in the Member States, distortion of the fair competition in the internal market, poorer-quality services, monopolies or oligopolies;
Amendment 500 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 6
Paragraph 26 – indent 6
– the adoption of a social code forenforcement of existing EU legislation in order to protect rights of mobile road transport workers, addressing also the problem of disguised self-employment;
Amendment 155 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 3
Structural weaknesses in education and training systems should be addressed to ensure quality learning outcomes and prevent and tackle early school leaving. Member States should increase educational attainment and consider dual learning systems adapted to their needs and upgrading professional training while at the same time increase opportunities for recognising skills acquired outside the formal education system. Links between education and labour market should be strengthened.
Amendment 199 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 3
Member States should strengthen active labour market policies by increasing their targeting, outreach, coverage and interplay with passive measures. These policies should aim at improving labour market matching and support sustainable transitions on the labour market, with public employment services delivering individualised support and implementing performance measurement systems. Member States should also ensure that their social protection systems effectively activate and enable those who can participate in the labour market, protect those (temporarily) excluded from the labour markets and/or unable to participate in it, and prepare individuals for potential risks and changing economic and social conditions, by investing in human capital. Member States should promote inclusive labour markets open to all and also put in place effective anti-discrimination measures.
Amendment 211 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 4
Mobility of workers should be ensured with an aim of exploiting the full potential of the European labour market, including by enhancing the portability of pensions and the recognition of qualifications as well as by removing other existing barriers. Member States should at the same time guard against abuses of the existing rules.
Amendment 6 #
2015/0026(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to address the budgetary constraints faced by Member States at the initial stage of the programming period and, taking into account the urgent need to address youth unemployment and the specific features of the YEI, it is appropriate to lay down provisions in order to complement Regulation (EU) No 1303/2013, with a view to increase the level of the initial pre-financing paid to operational programmes supported by the YEI in 2015. To ensure that Member States have sufficient means to provide payments to beneficiaries responsible for the implementation of operations that target youth unemployment, an additional initial pre-financing amount from the specific allocation for the YEI should be paid in 2015 for operational programmes supported by the YEI, in order to complement the pre-financing amounts paid in accordance with Regulation (EU) No 1303/2013. In order to enable a prompt implementation of the operational programmes supported by the YEI, the Commission should commit itself to pay the pre-financing amount to the Member States immediately after the entry into force of this Regulation.
Amendment 8 #
2015/0026(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To ensure that the additional initial pre- financing amount is used for the immediate implementation of the YEI, it should be foreseen that this amount is reimbursed to the Commission, if the Union contribution from the YEI does not amount to an adequate level in interim payment applications submitted to the Commission 12 months after the entry into force of this Regulation. This measure is a safeguard to ensure that eligible Member States set up the required structures to promptly implement the YEI. Member State action is urgently needed to deliver on the YEI and combat alarming levels of youth unemployment.
Amendment 116 #
2015/0009(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The impact of the EFSI on employment should be systematically monitored and further encouraged, especially with a view to achieving prolonged societal gains in the form of sustainable and quality employment as a result making both investors and workers benefit from EFSI.
Amendment 279 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
2. The EU guarantee shall be granted for EIB financing and investment operations approved by the Investment Committee referred to in Article 3(5) or funding to the EIF in order to conduct EIB financing and investment operations in accordance with Article 7(2). The operations concerned shall be consistent with Union policies, contribute to achieving the objectives of Europe 2020 and support any of the following general objectives:
Amendment 294 #
2015/0009(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The EFSI should target projects with a higher risk-return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should finance projects across the Union, including in the countries most affected by the financial crisis promoting geographical spread. The EFSI should only be used where financing is not available from other sources on reasonable terms.
Amendment 320 #
2015/0009(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The selection method of investment projects should take into consideration different levels of development of national financial markets as well as their stability, which will have a direct impact on the ability to use the EFSI in Member States. This will secure the distribution of financial resources throughout the whole Union.
Amendment 341 #
2015/0009(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions on the use of the EFSI support for infrastructure and large mid- cap projects should be made by an Investment Committee. The Investment Committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects and have thorough knowledge of sectors concerned, their specificities as well as local markets. The Investment Committee should be accountable to a Steering Board of the EFSI, whoich should supervise the fulfilment of the EFSI's objectives. The independence of the Investment Committee is a key factor in ensuring the trust and participation of the private sector in the Investment Plan. To effectively benefit from the experience of the EIF, the EFSI should support funding to the EIF to allow the EIF to undertake individual projects in the areas of small and medium enterprises and small mid-cap companies.
Amendment 351 #
2015/0009(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) the EIB shall publish a comprehensive report on the functioning of the EFSI and its results in terms of growth and jobs;
Amendment 387 #
2015/0009(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 395 #
2015/0009(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Provided that all relevant eligibility criteria are fulfilled, Member States may use European Structural Investment Funds to contribute to the financing of eligible projects that are supported by the EU guarantee. The flexibility of this approach should maximise the potential to attract investors to the areas of investment targeted by the EFSI. The EFSI may also be used for co- financing projects eligible under European Structural and Investment Funds.
Amendment 446 #
2015/0009(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Alongside the financing operations that will be conducted through the EFSI, a European Investment Advisory Hub ('EIAH') should be created. The EIAH should provide strengthened support for project development and preparation across the Union, by building on the expertise of the Commission, the EIB, national promotional banks and the managing authorities of the European Structural and Investment Funds. This should establish a single point of entry for questions related to technical assistance for investments within the Union, access to which should be fostered by creating sub- national centres for investment support, facilitating effective dissemination of information.
Amendment 569 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments in the Union and to ensure increased access to financing for Union- based companies having up to 3000 employees, with a particular focus on small and medium enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 612 #
2015/0009(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1a Definitions For the purposes of this Regulation, the following definitions apply: "national promotional banks or institutions" mean legal entities carrying out financial activities on a professional basis which are conferred a mandate by a Member State, whether central, regional or local level, to carry out public development or promotional activities.
Amendment 735 #
2015/0009(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States that become parties to the EFSI Agreement shall be able to provide their contribution, in particular, in the form of cash or a guarantee acceptable to the EIB. Other third parties shall be able to provide their contribution only in cash. Financial contributions by Member States, including possible contributions to investment platforms, shall not be taken into account by the Commission when defining the fiscal adjustment under the preventive and corrective arm of the Stability and Growth Pact. In the event of an excess over the deficit reference value the Commission shall not launch an EDP if that excess is only due to the contribution and is small and expected to be temporary. Similarly, no procedure shall be launched when assessing and excess over the debt reference value in the event that this is due solely to contributions to the EFSI.
Amendment 866 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of sixtwelve independent experts and the Managing Director. Independent experts coming from different Member States shall have a high level of relevant market experience in project finance as well as thorough knowledge of sectors concerned, their specificities as well as local markets and be appointed only by the Steering Board for a renewable fixed term of three years.
Amendment 981 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
(c) expansion of renewable energy and energy and resource efficiencydevelopment and modernisation of the energy sector, including the development of indigenous energy sources;
Amendment 1070 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Provided that all relevant eligibility criteria are fulfilled, Member States may use European Structural and Investment Funds to contribute to the financing of eligible projects in which the EIB is investing with the support of the EU guarantee. The EFSI may also be used for co- financing projects eligible for European Structural and Investment Funds.
Amendment 37 #
2015/0000(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the fostering of a European investment policy aimed at boosting growth and job creation; welcomes the fact, that the main aims of projects getting support from EFSI should be quality job creation as well as achieving social, economic and territorial cohesion; considers it regrettable, however, that Parliament’s call3 to promote social investment not only in pursuit of financial profit but also with the aim of promoting a positive social impact has not been neglected; __________________ 3 entirely taken into account; __________________ 3 Resolution of 11 March 2015 (Texts Resolution of 11 March 2015 (Texts adopted, P8_TA(2015)0068), paragraphs 10 and 18.
Amendment 41 #
2015/0000(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the Commission's initiative to modernise the regulatory and administrative environment in order to improve investment climate and conditions for SMEs to grow and therefore strongly supports recommendations leading to improvement in efficiency of administration and more flexible and competitive product and service markets;
Amendment 56 #
2015/0000(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes note of the recommendations on the need to move forward within new and ambitious labour reforms, and calls for such reforms, if carried out, to guarantee social dialogue and to ensure necessary political consensus in order to be sustainable and effective; considers it regrettable that many labour reforms have not ensured the required balance between flexibility and security, resulting in, for example, the exclusion of millions of workers from collective bargainingin some countries there is no adequate balance between flexibility and security and asks this issue to be addressed by reforms; calls for labour reforms capable of reducing fragmentation, putting an end to insecurity and increasing the productivity and competitiveness of our economy while ensuring decent jobs and living wages through investment in human capital;
Amendment 70 #
2015/0000(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that the International Monetary Fund (IMF) and the Organisation for Economic Cooperation and Development (OECD) have warned of the social (in-work poverty) and economic (depressed internal demand) problems caused by the wage devaluation that has occurred in recent years; considers it regrettable that there is no reference to the importance of increasing wages, especially in those countries where wages are below the poverty thresholdsupports recommendations calling for better adaptation of wages to productivity developments; recalls that minimum wages differ substantially between Member States (Bulgaria EUR 184/month, Luxembourg EUR 1 923/month), and reiterates its request for a study4 on this issue including an analysis of differences in purchasing powers between Member States; __________________ 4 Resolution of 11 March 2015 (Texts adopted, P8_TA(2015)0068), paragraph 47.
Amendment 95 #
2015/0000(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to take note of the IMF2 report on the causes and consequences of inequality, which states that the increase in the income gap is negatively affecting economic growth and the potential for job creation; calls for effective action on labour taxanhanced efforts to shift taxation burden from labour towards other sources, effective action, on labour markets and redistributive policies to facilitate greater and upward economic and social convergence; __________________ 2 IMF report ‘Causes and Consequences of Income Inequality: A Global Perspective’, June 2015.
Amendment 125 #
2015/0000(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for more and stronger recommendations with regards to the need to support and further develop effective vocational education and training, cooperation between education institutions, businesses, employers organisations and other relevant stakeholders as well as the need to improve effectiveness of public and private employment services in order to tackle skills mismatches on the labour market;
Amendment 164 #
2015/0000(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Calls for pension reforms to be made taking into account Parliament’s6 repeat recommendations to ensure their sustainability, safety and adequacy; __________________ 6 Resolution of 11 March 2015 (Texts adopted, P8_TA(2015)0068); Resolution of 22 October 2014 (Texts adopted, P8_TA(2014)0038); Resolution of 25 February 2014 (Texts adopted, P7_TA(2014)0129).
Amendment 167 #
2015/0000(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Is deeply concerned by the limitWelcomes the increased role that national parliaments, social partners and civil society have played in the drafting of the national reform programme (NRP) and the convergence programme (CP); calls on, however, the Commission to further increase the ownership of the European Semester by national parliaments; calls on the Commission to favour, within the revision of theonly through the current economic governance mechanisms, a reform that grants adequate democratic legitimacy to the European Semester.
Amendment 78 #
2014/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly rejects the consideration of active ageing policies solelyUnderlines that active ageing policies should not be solely treated as an instrument to maintain the employability of older workers, and; calls on the Member States to make all the necessary assessments before raising the mandatory pension age and prepare workers as well as adapt job places for longer professional careers;
Amendment 124 #
2014/2255(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the European Commission and Member States to collect complete and reliable data allowing to assess the effectiveness of ESF spending on older workers;
Amendment 147 #
2014/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that older people should be a fully-fledged part of society and that their participation in daily life should be supported; considers, furthermore, that a structured dialogue between young and elderly people should be actively encouraged and that there should be a fluent exchange of practice and experience between older and young workers;
Amendment 162 #
2014/2255(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Believes that demographic challenges are not adequately addressed at European level, therefore calls on the forthcoming Presidencies of the EU to bring back this item on the EU agenda and work out strong policy responses;
Amendment 45 #
2014/2247(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws particular attention to the need for the training or retraining of older members of the workforce who are working for longer owing to the increase in the retirement age in many Member States;
Amendment 48 #
2014/2247(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Draws particular attention to the need for action to be taken aiming at the full integration of migrants, with regard to the legalisation of employment, language qualifications, and boosting their professional qualifications; points out, at the same time, that, as a group, immigrants are the most at risk of losing their jobs when there is turbulence on the labour markets;
Amendment 39 #
2014/2245(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that, on account of changes in production patterns, the role of the European Social Fund and investment in adapting workers’ skills have grown significantly; calls on the Member States and the Commission to ensure that available resources are used as effectively and efficiently as possible with a view to ensuring workers’ employability; at the same time underlines that training programmes financed under ESF should be addressed also to entrepreneurs and staff at managerial level in order to ensure sustainable development of companies, especially SMEs that generate the majority of job places in the EU;
Amendment 51 #
2014/2245(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. calls on Member States, in view of reaching socio-economic convergence, to ensure that also outer and small regions have the necessary capacity such as human resources to absorb available funds;
Amendment 54 #
2014/2245(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on Member States, in view of negative effects that population ageing and demographic challenges have on the labour markets, to develop projects that address population decline and support mobility;
Amendment 57 #
2014/2245(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses the role of territorial cohesion and in this respect underlines the importance of investments in cross- border infrastructure, such as inland waterways, and their role in fostering socio-economic development of regions.
Amendment 77 #
2014/2235(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that several important challenges are affecting Europe's labour market, including increasing demand for highly skilled labour, rapid technological change and development, mismatches between skills and demands of the labour markets, as well as an ageing society which requires that early retirement be made less attractive;
Amendment 87 #
2014/2235(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that the intra-EU labour mobility remains low (EU27: 0.29 %) due to still existing barriers, with high unemployment rates in some Member States and unfilled job vacancies in others;
Amendment 126 #
2014/2235(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines the importance of social investments which aim is to create an activating state that provides workers with instruments enabling them an easy adaptation to changing social and economic conditions as well as to demands of labour markets;
Amendment 135 #
2014/2235(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of the mobility of workers for a competitive labour market, and stresses the need to reduce the administrative and linguistic barriers that are liable to restrain it and to further develop tools to facilitate mobility such as swift recognition of qualifications between Member States; encourages raising of awareness of and further improvement of the EU-wide EURES job portal;
Amendment 153 #
2014/2235(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that, in order to anticipate future skills needs, labour market stakeholders, including employers’ and employees’ organisations , education and training providers have to be strongly involved at all levels, in particular in designing and implementing vocational qualification programmes;
Amendment 164 #
2014/2235(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the importance of a regular monitoring of the imbalances on the labour market at regional and local level as well as the importance of forecasts of future skills' needs; encourages Member States to exchange good practice in this regards and all interested stakeholders to further develop monitoring and forecasting tools;
Amendment 178 #
2014/2235(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that training and re- qualification programs for the unemployed as well as skills assessment programs should be offered to people to enhance their chances on the labour markets and should be designed and implemented in close cooperation with employers’ associations, with a view to better aligning workers’ new skills with the needs of employers;
Amendment 185 #
2014/2235(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that it is of utmost importance to give personalised tailor- made guidance and counselling to jobseekers in how to look for a job and to ensure that their skills are recognisor which further education and training to undertake, and to ensure that their skills and qualifications are recognised and validated through ‘competences passports’ reflecting the skills acquired through both formal and informal learning;
Amendment 190 #
2014/2235(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines the need to increase the adaptability of the workforce as a way to counter future shortages; calls on Member States to use the structural funds, especially the European Social Fund, for this purpose;
Amendment 209 #
2014/2235(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of better synergies between education systems and the labour market, including exposure to the workplace, quality internships and cooperation with businesses;
Amendment 224 #
2014/2235(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that close partnerships are needed between governments and, employers' and employees' representatives in order to develop long term strategies for respective national labour markets, identify the skills and qualifications which are and will be needed on the labour market and to find the best ways of tackling the problem of skill mismatches in all its dimensions;
Amendment 266 #
2014/2235(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that teaching self- responsibility and problem- solving as well as fostering entrepreneurial education from an early age further improves links between school and the labour market, and can contribute to lowering unemployment levels;
Amendment 283 #
2014/2235(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Believes that incentives should be introduced for entrepreneurs whto invest their gains in training and apprenticeships for themselves as well as for employees as this will enable them to expand and create new job places;
Amendment 296 #
2014/2235(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Regrets that Europe is still lagging behind with regards to technological development; therefore stresses the importance to train teachers and provide them with experience- based know- how that combines practice with theory, especially with regards to new technologies and digitalisation, so that they can convey this knowledge to students;
Amendment 315 #
2014/2235(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Points at the potential lying behind the youth entrepreneurship; calls in this respect on the EU institutions and Member States to become more business- friendly and support young people in getting the right skills as well as in transforming their innovative and creative ideas into successful business plans;
Amendment 44 #
2014/2228(INI)
Motion for a resolution
Recital A
Recital A
A. whereas an ambitious and balanced agreement with the US may support the reindustrialisation of Europe and help achieve the 2020 target for an increase of the EU’s GDP generated by industry from 15 % to 20 %; whereas it has the potential to create opportunities especially for SMEs, which suffer more from non-tariff barriers (NTBs) than larger companies; whereas an agreement between the two biggest economic blocs in the world has the potential to create standards, norms and rules which will be adopted at a global level, which would serve to the advantage of third countries as well;
Amendment 54 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point iii a (new)
Paragraph 1 – point iii a (new)
(iii a) to ensure that on the margin of the TTIP negotiations, the mutually beneficial mobility package arrangements will be achieved, considering the visa facilitation for the European service and goods providers as well as enabling professionals to work in the USA by recognising their qualifications as one of the key elements in taking full advantage of the TTIP agreement;
Amendment 73 #
2014/2228(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, given the growing interconnectedness of global markets – up to 40 % of European industrial products are manufactured from imported upstream products – it is crucial that policymakers shape the way these markets interact; whereas proper trade rules are fundamental to creating added value in Europe, since industrial production takes place in global value chains;it is crucial that Europe benefits from participation in global supply chains, while maintaining and developing a strong, competitive and diversified industrial base in Europe; (For consistency with the Recital A European added value should not be built only on e.g. costs of marketing, storage and/or distribution of imports. Also resolution should not quote data without reference to sources. TTIP should first and foremost promote trade of goods manufactured in the EU or the US but the imported goods only repacked/relabelled/assembled in the EU or the US.)
Amendment 78 #
2014/2228(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas EU's attempts to deal with the challenges of climate change, environmental protection and consumer safety have resulted in high regulatory costs for EU enterprises, coupled with high energy feedstock and electricity prices, which - if left unaddressed in TTIP - may accelerate the process of delocalization, deindustrialization and job losses thereby threatening EU reindustrialization and employment targets, that will also defeat the very policy targets that EU regulations seek to achieve;
Amendment 114 #
2014/2228(INI)
Motion for a resolution
Recital E
Recital E
E. whereas many economic impact studies on TTIP should be taken with caution as they are built on computable general equilibrium economic models with veryased on many general assumptions and optimistic predictions about the capacity of the EU and the US to reduce regulatory barriers to trade; whereas the TTIP alone will not resolve economic problems in the EU and no false hopes and expectations should be raised in that respect;
Amendment 185 #
2014/2228(INI)
Motion for a resolution
Recital H
Recital H
H. whereas President Juncker has clearly reiterated in his Political Guidelines that – while the EU and the US can go a significant step further in recognising each other’s product standards and working towards transatlantic standards – the EU will not sacrifice its safety, health, social and data protection standards or our cultural diversity, recalling that the high level of safety of the food we eat and the protection of Europeans’ personal data are non- negotiable;will be maintained; (It is important to stress that we are not talking about lowering standards in negotiations rather than saying that issues of food safety are not-negotiable, as it is not true - issues of food safety or SPS are being negotiated, but we don’t want to decrease level of protection in this negotiations. That is the difference.)
Amendment 324 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
(ii) to aim at the elimination of all duty tariffs, while respecting sensitive agricultural and industrial products on both sides;
Amendment 331 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point ii a (new)
Paragraph 1 – point b – point ii a (new)
(iia) to keep in mind that EU climate change, environmental, labour, consumer safety and animal welfare legislation imposes disproportionate cost burden on EU enterprises, that - in many sectors is - not borne by similar industries in the United States giving US industries a regulatory and cost advantage in those fields - and therefore the European Commission is encouraged to protect these sectors by, including, but not limiting to, negotiating the longest possible transitional periods;
Amendment 337 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iii
Paragraph 1 – point b – point iii
(iii) to keep in mind that there are important offensive interests for the EU in the services sector, for instance in the areas of engineeringprofessional services, telecommunications and transport services;
Amendment 350 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iii a (new)
Paragraph 1 – point b – point iii a (new)
(iiia) to ensure that mutually beneficial mobility package is provided for, which includes visa facilitation for providers of services and goods from all Member States and recognises their professional and technical qualifications;
Amendment 361 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
(iv) to increase market access for services by mutual recognition for EUs professional service providers, according to the ‘positive list approach’ whereby services that are to be opened up to foreign companies are explicitly mentioned and new services are excluded while ensuring that possible standstill and ratchet clauses only apply to non- discrimination provisions and allow for enough flexibility to bring services back into public control;
Amendment 528 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xiv
Paragraph 1 – point b – point xiv
(xiv) to ensure that the negotiations on rules of origin aim at reconcilinge the EU and US approaches; given the conclusion of the negotiations for the Compreh in a way that as far as possible takes into account the interests of European producers and that thus contributes to economic growth and promotes job creation in the EU while protecting the sensitive Economic and Trade Agreement (CETA) between EU and Canada and the potential upgrade of the EU-Mexico free trade agreement, the possibility and scope of cumulation will need to be considered; products; however it must be kept in mind that the purpose of TTIP is to facilitate trade in genuinely US and EU made products and not to allow imports from third countries; Exclusions for certain products will need to be considered on a case by case basis and exclusions from all type of cumulation should be granted for sensitive sectors;
Amendment 550 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point i
Paragraph 1 – point c – point i
(i) to ensure that the regulatory cooperation chapter promotes an effective, pro- competitive economic environment through the facilitation of trade and investment while developing and securing high levels of protection of health and safety, consumer, labour and environmental legislation and of the cultural diversity that exists within the EU; negotiators on both sides should strive to achieve the best outcome in each sector; however, they need to identify and to be very clear about which regulatory measures and standards are fundamental and cannot be compromised, which ones can be the subject of a common approach, which are the areas where mutual recognition based on a common high standard and a strong system of market surveillance is desirable and which are those where simply an improved exchange of information is possible, based on the experience of one and a half years of ongoing talks;
Amendment 635 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point ii
Paragraph 1 – point d – point ii
(ii) to ensure that the sustainable development chapter aims at the full and effective ratification, implementation and enforcement ofreaffirmation of the Parties' commitment to shared key principles stemming from the eight fundamental conventions of the International Labour Organisation (ILO) and their content, the ILO’s Decent Work Agenda and the core international environmental agreements; provisions should be aimed at improving levels of protection of labour and environmental standards; an ambitious trade and sustainable development chapter should also include rules on corporate social responsibility based on the Guidelines for Multinational Enterprises of the Organisation for Economic Cooperation and Development (OECD) and a clearly structured civil society involvement; (Commission in its position paper on Trade and Sustainable Development suggests less stringent provisions. We have to be careful in obliging US to ratify all ILO conventions, as this is probably non- negotiable issues for them.)
Amendment 684 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vii
Paragraph 1 – point d – point vii
(vii) to ensure that in course of the negotiations the two sides examine ways to facilitate natural gas and oil exports, so that TTIP wouldTTIP abolishes any existing export restrictions on energy between the two trading partners, thereby supporting a diversification of energy sources in the EU and to consider conditioning tariff reduction on energy intensive goods on effective free flow of US energy to the EU in order to enhance European negotiating position;
Amendment 765 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiv
Paragraph 1 – point d – point xiv
(xiv) to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, which can be achieved withrout the inclusion of an ISDSgh a national court systems or, where appropriate ISDS; all dispute mechanism;s such a mechanism is not necessary in TTIP given the EU’s and the US’ developed legal systems; a state-to- state dispute settlement system and the use of national courts are the most appropriate tools to address investment disputes;et in place within the TTIP- framework must uphold full transparency and be subject to democratic principles and scrutiny with CETA solutions serving as a basis; (It is crucial to include in the ISDS provisions the so called fork-in-the-road provision, which creates an option for the investor to choose EITHER national court system OR investment arbitration; parallel claims should be prohibited. Intergovernmental dispute settlement would leave decision on initiation of an investment dispute to a state, which would inevitably involve political considerations and would limit access of SMEs to dispute settlement.)
Amendment 22 #
2014/2222(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU needs to make a decisive changeinvestments and adjustments in an economic policy that hasin order to allowed the Union to drift away frommeet the EU 2020 targets, and that has increased the risks of secular stagnation; whereas the EU is worryingly losing weight in the world economy, while most other countries are showing solid signs of recoverovercome stagnation; whereas the EU shall aim at being a leader in the world's economy; whereas in October 2014 the IMF estimated that the probability of a recession in the euro area had increased and would reach 35-40% at year’s end;
Amendment 143 #
2014/2222(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to prioritise investments in economically weaker regions suffering from high unemployment, and in SMEs in such regions, given their very limited access to financing, to ensure that these efforts have a meaningful impact where they are most needed; choice being made with due regard to the investments' economic features;
Amendment 264 #
2014/2222(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 283 #
2014/2222(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that labour market reforms in many Member States have mainly promotednot managed to decrease the level of precarious jobs; observes that 50 % of jobs created in 2014 were temporary jobs; notes that, according to the Commission, in-work poverty persists, and that for 50 % of all job seekers, securing employment is not enough to lift them out of poverty, nor does it raise productivity; calls on the Commission and the Member States to make job quality a priority and to address labour market segmentation;
Amendment 338 #
2014/2222(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Given the number of workers, particularly young people, who are now leaving their countries of origin for other Member States in search of employment opportunities, there is an urgent need to develop appropriate measures to guarantee that no worker is left uncovered by social and labour rights protection; calls, in this regard, on the Commission and the Member States to further improve EU labour mobility while upholding the principle of equal treatment and safeguarding wages and social standards; calls on each Member State to establish social and employment policies for equal rights and equal pay at the same place of work with regards to the freedom of movement of workers and especially between women and men;
Amendment 353 #
2014/2222(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates its warning of the socioeconomic challenges facing the Union and the risks to its sustainability and its stable growth potential posed by a reversal in regional convergence; recalls that more than 122 million EU citizens are at risk of poverty or social exclusion, including in- work poverty and child poverty, and that these levels are unacceptable and need to be reduced immediately; calls for a true ‘social pillar’ to be implemented within the EMU asa part of the process of improving economic governance mechanisms;
Amendment 382 #
2014/2222(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the fact that the Joint Employment Report annexed to the AGS includes a scoreboard for employment and social policies; considers it regrettable, however, that these indicators are not sufficient and that they have not been made binding, which would allow them to be used more forcefully; asks the Commission to remedy this situation;
Amendment 394 #
2014/2222(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 410 #
2014/2222(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to tackle immediately the alarming increase in child poverty throughout the EU through the introduction of a child guarantee against poverty;long- term and holistic measures.
Amendment 4 #
2014/2210(INI)
Draft opinion
Recital A
Recital A
A. whereas family businesses range in scope from small firms to corporations and represent 60 % of all European companies, providing between 40 % and 50 % of all jobs in the private sector;
Amendment 14 #
2014/2210(INI)
Draft opinion
Recital B
Recital B
B. whereas family businesses differ in terms of values from non-family corporations as regards long-term orientation, have amake an essential contribution to the economy, bringing a long-term stability, due to their special degree of commitment to their local community –, strong values rooted in the European tradition of the ‘honourable merchant’ – and are high level of responsibility as owners – resulting in being generally slower to close down and put workers out of jobs;
Amendment 33 #
2014/2210(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the work being undertaken on an EU definition of ‘family business’, and calls for the specificities within Member States’further efforts in establishing an official definitions to be, takening into account, in particular with regard to the specificities within Member States’ and guaranteeings of social rights, social security, pension entitlements and health and safety at work; a simple, clear and easily applicable and comparable between countries definition would help to better understand the phenomenon and the challenges family businesses face, obtain a clear picture of their contribution to society and allow for specific and effective measures to be introduced.
Amendment 50 #
2014/2210(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. having identified the ownership as a fundamental issue for the family businesses, calls on the Member States to consider introducing changes to their tax system and company laws, allowing for a more effective and smoother transfer and retention of business within the family; lowering the gift and inheritance tax, introducing favourable tax treatment of the reinvested profits compared to the one of debt financing, favouring the use of non-vote stocks as a way of improving the access to finance without losing control of the company, are only some of the good practices to be shared and promoted;
Amendment 55 #
2014/2210(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. whereas intra-family business transfer is often a succession of social and cultural capital, of knowledge generated from generation to generation, it shall be preserved and promoted; however recent figures from 2011 anticipate that each year some 450 000 firms in the EU look for successors, affecting up to 2 million employees; it is estimated that each year there is a risk of losing approximately 150,000 companies and 600,000 jobs due to inefficient business transfers; good practices on raising awareness of planning a company transfer early are crucial in this respect; employee buyouts are also one possible solution to the business succession problem of these European SMEs; appropriately designed long-term EFP models could also contribute to the retention of these small firm and strengthening regional economies and employment throughout the EU;
Amendment 59 #
2014/2210(INI)
Draft opinion
Paragraph 2a (new)
Paragraph 2a (new)
2a. whereas family businesses represent the largest pool of entrepreneurial potential and are natural incubators for the future entrepreneurs, there is a growing need for enhancing their innovation and progress; moreover in order to professionalise the management of family firms it is crucial to promote entrepreneurship education for both start- ups and existing family firms, incentivising innovation and progress especially at managerial level;
Amendment 60 #
2014/2210(INI)
Draft opinion
Paragraph 2b (new)
Paragraph 2b (new)
2b. whereas long-term objective requires high level of competitiveness and innovation, it is crucial for the family companies to employ skilled and qualified workers; calls on the family businesses themselves to properly balance the family governance aspects within the enterprises in order to attract skilled workforce, often afraid of nepotism and paternalistic practices and lower levels of career progression.
Amendment 89 #
2014/2145(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission, in tandem with the EIB, to make it easier forlay down criteria that enable SMEs – the main sources of jobs in Europe – to access financing fromparticipate in investments financed by the European Fund for Strategic Investments, in connection with the European Investment Fund; points out that if project eligibility criteria and participation requirements are laid down as soon as possible, this will allow for preparations to be made and make for better coordinated actions, also on the part of SMEs;
Amendment 115 #
2014/2145(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. So as to address the urgent situation with regard to youth unemployment, encourages Member States to use the available resources in an effective and focused way via the introinvestments in human capital, and particularly in education of, with a special focus on the youth employment initiative, and in the areas most affected by unemployment; also recommends that cross-border mobility be supported via cross-border partnerships and via the development of the EURES portal as a vector for youth employment;
Amendment 120 #
2014/2145(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. In the face of ageing populations and pension system reforms, calls on the Member States to give priority to action focusing on older workers; calls on the Commission to lay down criteria and step up checks on the use of EU funding for older workers and to take more action as regards the employment of older people;
Amendment 65 #
2014/2059(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s use of the new employment and social scoreboard for this year’s CSRs; considers it regrettable, however, that Member States' targets regarding these indicators havwere not been made bindingsufficiently ambitious in view of the current employment and social emergency; calls on the Commission, therefore, to put them on an equal footing with macroeconomic indicators, and to include additional indic and the objectives of the Europe 2020 strategy; calls on the Commission, therefore, to further insist on the full implementation of the European Platfors – such as child poverty levels, access to healthcare, homelessness, and a decent work index – in the scoreboardm against Poverty and Social Exclusion, The Youth on the Move and the Agenda for New Skills and Jobs, in order to allow more effective analysis of Member States’ employment and social concerns;
Amendment 83 #
2014/2059(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the new Commission to make the employment recovery a true priority by establishing an ambitious and holistic strategy for quality job creation, which should involve all the new Commissioners dealing with subjects which have an impact on the EU labour market; takes the view that, to this end, eachthose Commissioners should draw up a quality employment plan for their specific policy area, including concretewith recommendations for measures, a budget allocation and a calendar for its implementation;
Amendment 117 #
2014/2059(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls on the Commission to strengthen EU industry through the application of a more flexible competition policy in favour of competitiveness and employment, together with an ecological and digital transition plan; reiterates its call on the Commission to draw upanalyse the necessity of a proposal for a legal act on the provision of information to, and consultation of, workers and the anticipation and management of restructuring in order to ensure economic and socially responsible adaptation to change by EU industry;
Amendment 183 #
2014/2059(INI)
Draft opinion
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose a binding European framework for the implementation of the Youth Guarantees so as to prevent the funds being misused in such a way as to aggravate national internal wage devaluation processes; takes the view that this legal framework should introduce binding minimum standards for the implementation of the Youth Guarantees, including the quality of apprenticeships, decent wages for young peoplequality of job offers and access to employment services, and should cover young people aged between 25 and 30; calls on the Commission and the Member States to make the Youth Guarantees a priority and to increase the available budget, at the latest in the promised mid- term review of the multiannual financial framework, up to at least the sum of EUR 21 billion estimated by the International Labour Organisation to be necessary to resolve the problem in the eurozone;
Amendment 194 #
2014/2059(INI)
Draft opinion
Paragraph 22
Paragraph 22
22. Urges the Member States to go above and beyond the March 2014 Council recommendation for a Quality Framework for Traineeships in order to prevent discrimination and exploitation of young workers; calls for the adoption of a directive on decent conditions and minimum standards for internships and traineeships, giving interns and trainees clearly defined rights that include access to social protection, binding written contracts and fair remuneration and introducing limits on the use of trainees and interns in companies so as to prevent abuses;
Amendment 199 #
2014/2059(INI)
Draft opinion
Paragraph 23
Paragraph 23
23. Observes with concern that female unemployment rates are higher than the total rates (11.7 % in the EU-18 and 10.4 % in the EU-28, compared with 11.5 % and 10.2 % respectively); calls, therefore, for specific decentquality-job creation plans with targeted measures for women; calls for the establishment of specific recommendations with a view to reducing the gender pay gap, which is not only a drag on the economy and on competitiveness but also a sign of social injustice;
Amendment 209 #
2014/2059(INI)
Draft opinion
Paragraph 24
Paragraph 24
24. Is deeply concerned that long-term unemployed people and senior workers are experiencing higher unemployment rates and additional difficulties in re-entering the labour market; calls on the Commission and the Member States to make full use of the European Social Fund to help these workers; urges the adoption of a directive on decent working conditions, defining core labour rights for all workers and introducing common minimum standards so as to prevent this kind of labour discrimination;
Amendment 230 #
2014/2059(INI)
Draft opinion
Paragraph 26
Paragraph 26
26. Regrets the fact that the Commission recommendations on pensions were made without taking into account Parliament’s position on the Green and White Papers on pensions; is concerned that reforms to guarantee the sustainability of pensions have focused solely on population ageing, without taking into account the importance of the employment rate, especially in pay- as-you-go systems; recalls that guaranteeing decent pensions above a minimum level is an effective way to fight poverty and social exclusion;
Amendment 24 #
2014/2040(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Proposes to launch a preparatory action on Supporting active inclusion of disadvantaged migrants with the aim to assess benefits and test possibilities to create local centres for social and economic integration.
Amendment 112 #
2014/0124(COD)
Proposal for a decision
Recital 6
Recital 6
(6) The abuse of the status of self- employed as defined in national law, either at national level or in cross-border situations, is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared as self- employed while fulfilling the conditions characteristic of an employment relationship as defined in national law, in order to avoid certain legal or fiscal obligations. Bogus self-employment is, therefore, falsely declared work and should come under the scope of the Platform.
Amendment 115 #
2014/0124(COD)
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) Within the scope of Platform actions, the view of false self-employment should take account of the differences in the legislation of the Member States, and thus of the differences in status of self-employed persons in particular Member States.
Amendment 156 #
2014/0124(COD)
Proposal for a decision
Recital 9
Recital 9
(9) EU level cooperation remains far from comprehensive, both in terms of the Member States involved and the issues covered. There is a no formalwithin the framework of the Platform should draw comprehensively on the work done by existing committees and working groups, as well as by the Internal Market Information System (IMI). A new mechanism in place for cross-border cooperation between Member States’ relevant authorities to address issues related to undeclared workshould be guided by the principle of non-discrimination and take account of the differences in the legislation of the Member States.
Amendment 166 #
2014/0124(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The strengthening of cooperation among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively, while respecting the freedom to provide services, the free movement of workers and the principle of non-discrimination.
Amendment 174 #
2014/0124(COD)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) The decision on the degree of involvement in Platform actions established on its forum should lie with the Member States.
Amendment 212 #
2014/0124(COD)
Proposal for a decision
Recital 14
Recital 14
(14) In order to address undeclared work comprehensively and successfully, and while respecting the freedom to provide services, the free movement of workers and the principle of non-discrimination, a policy mix is to be implemented in the Member States, that is facilitated by structured cooperation between relevant authorities. The cooperation should include all national authorities which are leading and/or active in the prevention and/or deterrence of undeclared work.
Amendment 309 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
c) increasing public awareness on the urgency of actiontrue scale of the problem and the need for appropriate measures, and encouraging Member States to step up their efforts in dealing with undeclared work.
Amendment 336 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) Improve the knowledge of undeclared work by means of common concepts, measurement tools and promotion of joint comparative analysis and research and related relevant indicators,
Amendment 344 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) Develop the analysis of effectiveness of different policy measures in curbing the incidence of undeclared work, including preventive and punitive as well as deterrence measures in generalmeasures encouraging and promoting the registration of employment;
Amendment 247 #
2014/0002(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) to support smooth transition from education to work in the Union labour market.
Amendment 335 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The National Coordination Office promotes the collaboration with stakeholders such as career guidance services, universities, chambers of commerce, organisations representing vulnerable groups on the labour market such as woman, people with disabilities, elderly people, migrants and organisations involved in apprenticeships and traineeships schemes.
Amendment 336 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The National Coordination Office promotes the collaboration with stakeholders such as career guidance services, universities, chambers of commerce, organisations representing vulnerable groups on the labour market such as women, people with disabilities, elderly people, migrants and organisations involved in apprenticeships and traineeships schemes.
Amendment 400 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Applicant organisations can choose to participate in the EURES network according toby means of the following options:
Amendment 401 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) to contributeing to the pool of job vacancies in accordance with Article 14(1), paragraph (a);
Amendment 404 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) to contributeing to the pool of job applications and CV’s in accordance with Article 14(1), paragraph (b);
Amendment 407 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) to provideing support services to workers and employers in accordance with Chapter IV or.
Amendment 409 #
2014/0002(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 566 #
2014/0002(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a a (new)
Article 20 – paragraph 2 – point a a (new)
(aa) to provide training on intercultural communication and sector-specific language courses;
Amendment 658 #
2014/0002(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 a (new)
Article 26 – paragraph 1 – subparagraph 1 a (new)
Data shall be gender-disaggregated where applicable.
Amendment 699 #
2014/0002(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 14(1) to (7) shall apply from … [two years after the date of entry into force].
Amendment 16 #
2013/2176(INI)
Motion for a resolution
Recital B
Recital B
B. whereas labour market rigiditiesvarious factors such as labour market rigidities, high labour costs, red tape have been identified as having a negative impact on job creation;
Amendment 17 #
2013/2176(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the single market and European human resources potential can play a key role in achieving the Europe 2020 employment targets;
Amendment 62 #
2013/2176(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes it is indispensable to introduce teaching of entrepreneurial skills already in early childhood education systems;
Amendment 66 #
2013/2176(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines the need to improve the pace of school- to- work transition enabling the young to enter the labour market as soon as possible and avoiding the risk of NEET;
Amendment 101 #
2013/2176(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines the need of introducing measures to facilitate reconciliation of work and family life;
Amendment 104 #
2013/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the opportunities afforded by the single market must be used to inject new life into Europe’s economies by opening up borders, removing still existing obstacles that hamper workers’ mobility and creating new business opportunities;
Amendment 144 #
2013/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly believes that businesses can only create jobs if the right conditions exist, including access to a qualified workforce, availability of flexible contractual arrangements, reasonable labour costs and keeping administrative burdens to a minimum;
Amendment 268 #
2013/2176(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission and the co- legislators, in the context of the Posting of Workers Directive, to ensure that any new measures adopted are proportionate, justified and non- discriminatory, to strike the right balance between the protection of workers’ rights and the freedom to provide services and to limit the burdens on businesses seeking to benefit from the freedom to provide services;
Amendment 17 #
2013/2175(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that long-term investments, capable of boosting long- term employment, can only exist with adequate financing, which highly depends on the economy's ability to generate savings;
Amendment 6 #
2013/2173(INI)
Draft opinion
Recital B
Recital B
B. whereas in 2012 the employment rate of people aged 55-64 was less than 50 % in the European Union and this could be caused by a number of factors such as outdated skills and qualifications, employers' attitudes towards older workers, difficulties with reconciliation of professional and family life or poorer health;
Amendment 11 #
2013/2173(INI)
Draft opinion
Recital C
Recital C
C. whereas the European Social Fund (ESF), which during the programming period 2007- 2013 accounted for 8% of the EU total budget, is a key financial instrument intended to help Member States achieve EU employment policy objectives, and reliable data are necessary to assess how effectively ESF resources are spent;
Amendment 12 #
2013/2173(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas maintaining the employability of older workers as well as keeping a high proportion of the population remaining in work until later age is crucial to address demographic challenges and reach the EU target of 75% of the 20-64-year-old population in employment by 2020;
Amendment 16 #
2013/2173(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the implementation of the ESF must comply with the EU Financial Regulation and, in particular, with the fundamental principles of sound financial management such as effectiveness, which should be understood as attaining the specific objectives set and achieving the intended results;
Amendment 21 #
2013/2173(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to rely more on quantitative data when analysing the socioeconomic situation of older workers and to provide for a causal link between actions identified within operational programmes and the objectives pursued, which would facilitate verification of consistency between identified needs, chosen strategy and specific goals set ;
Amendment 23 #
2013/2173(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages thAcknowledges that, according to their different socioeconomic and demographic situations, Member States use different age groups to define older workers; regrets however that this definition is not always consistently applied throughout the whole programming process in a given Member State; encourages therefore Member States to make sure, in the forthcoming programming period (2014-2020), that the age groups used for needs analysis are the same as the age groups used in the programmes and/or in the related actions and targets;
Amendment 24 #
2013/2173(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Invites Member States to consider introducing two different categories of older workers benefiting from ESF funding, such as workers aged 45- 55 and over 55, and adapting operational programmes to specific needs identified for these two age groups;
Amendment 9 #
2013/2154(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a special focus on all cross- border labour law issues, paying particular attention e.g. to pensions and posting of workers;
Amendment 14 #
2013/2154(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes all measures to improve quality control, to establish uniform minimum requirements for the SOLVIT centres, and to improve visible links with other EU advisory networks;
Amendment 17 #
2013/2154(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a stepping-up of SOLVIT public relations work that is in touch with the people in order to significantly raise awareness of the SOLVIT centres by 2020 at the latest; welcomes the Commission's commitment to provide assistance to such activities;
Amendment 18 #
2013/2154(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the Commission's recommendation regarding the need for providing information about alternative problem-solving networks or source of information, including other possible ways of redress, on both national and Union level, in cases ineligible for SOLVIT;
Amendment 19 #
2013/2154(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines the importance of spreading the knowledge about the SOLVIT cases database;
Amendment 29 #
2013/2134(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that all Member States have received recommendations with regard to levels of labour market participation; calls on those Member States with high levels of unemployment to step up, in consultation with the social partners, active labour market measures, such as training and employment services, and to introduce further reforms to facilitate access to employment, prevent early withdrawals from the labour market, reduce the cost of labour and combat labour market segmentation as well as match workers' skills with labour market demands;
Amendment 43 #
2013/2134(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the adoption of the Youth Guarantee by the Council and the earmarking of EUR 6 billion for Youth Employment Initiative as part of the next MFF; calls on Member States to implement Youth Guarantee Schemes and use available resources in an efficient way concentrating activities on those in the most difficult situation;
Amendment 62 #
2013/2134(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Recalls that the large economic and job potential of the services sector remains untapped; calls for full and appropriate implementation of the EU Services Directive; calls on Member States to remove barriers in the retail sector and excessive restrictions in professional services and regulated professions; at the same time calls to remove barriers to the free movement of workers in order to improve mobility and optimise the use of the EU human capital;
Amendment 76 #
2013/2134(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Notes that the crisis has had a severe and lasting impact on the Member States' levels of unemployment and their social situation, which has led to unsustainable increases in poverty and social exclusion, including child poverty, homelessness, in- work poverty and over-indebtedness of households; calls in this context on Member States to reinforce the safety nets and ensure the effectiveness of the welfare systems that deal with those affected as well as invest in preventive measures;
Amendment 21 #
2013/2112(INI)
Motion for a resolution
Recital C
Recital C
C. whereas illicitly employed workers suffer from secondary negative consequences such as the lack of access to training, the psychological constraints of having an accident or being caught, which in return affects the productivity of companies and the economy as a whole as well as from long- term consequences such as lack of right to old- age pension or very low pension benefits leading to a higher poverty risk;
Amendment 22 #
2013/2112(INI)
Motion for a resolution
Recital D
Recital D
D. whereas undeclared work is responsible for distortions of competition in the single market because it allows certain countries and companies to compete unfairly against others;
Amendment 83 #
2013/2112(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the problematic nature of labour inspection in respect of migrant workers from both EU and third countries, particularly in relation to the role and remit of national inspectorates; points out that national-level electronic systems, such as Belgium's LIMOSA system16 for the compulsory advance registration of foreign workers by employers, could substantially facilitate the task of labour inspection; __________________ 16 https://www.socialsecurity.be/foreign/de/e mployer_limosa/home.html.
Amendment 87 #
2013/2112(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that there is an important role to be played by the social partners, and particularly by workers' representatives, in ensuring that the existing rules are observed; calls on the Member States to institute the formal involvement of the social partners in labour inspection;
Amendment 106 #
2013/2112(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Draws attention to the specific situation of home workers and teleworkers who, in connection with their work at home or outside their employers’ place of work, can also be the subject of labour law abuses where employers fail to carry out their legal obligations towards them;
Amendment 126 #
2013/2112(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises that there is a growing trend towards self-employment, outsourcing und subcontracting; considers that systems of general contractor liability for the entire subcontracting chaincould constitute a useful tool for improved monitoring of public procurement, and that they should be introduced in all Member States;
Amendment 143 #
2013/2112(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on labour inspections to intensify well- targeted prevention and public education measures to increase the awareness of the importance of health and safety rules and procedures among citizens;
Amendment 156 #
2013/2112(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to introduce a European Agency fdevote adequate human resources to monitor cross-border matters concerning the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification ofto develop further- training programmes for inspectorates and to identify new ways of circumventing the rules, and the organisation of cross-border controlscome up with measures to support Member States in tackling undeclared work;
Amendment 163 #
2013/2112(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to introduceconsider introducing, after a thorough impact assessment, a forgery-proof European social security card, onr another EU wide identity document which would be stored all the data needed to verify the bearer's employment relationship, including details of social security coverstatus and working hours, for example, and which would be subject to strict data-protection rules;
Amendment 166 #
2013/2112(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 172 #
2013/2112(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 176 #
2013/2112(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out that the right of national inspection authorities to carry out inspections within non-national companies has hitherto been severely restricted; calls for A1 posting certificates to be entered in an EU-wide register in order to facilitate the control at national level of employment relationships among posted workers;
Amendment 192 #
2013/2112(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 215 #
2013/2112(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. PointCalls outn that competition policy is implemented at European level; considers that, by the same token, measures to combat social dumping should be included in the EU treaties with provision for the Commission to implement them; considers that the Commission's powers in this regard should extend, as they do in the field of competition law, to the imposition of penalties on non-compliant companiee Commission to identify ways to better tackle social dumping cases in the EU and to come up with appropriate instruments;
Amendment 220 #
2013/2112(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 1 #
2013/2111(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the right to social security is a fundamental human right which is an integral parkey element of the European social model; whereas the International Labour Organisation (ILO) has adopted recommendations on ‘national floors of social protection’ with the aim of safeguarding the right of every individual to social security and to a decent standard of living;
Amendment 5 #
2013/2111(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the aim of social protection is an investment in human resources, enabling adaptation toto react in case of negative changes in the labour market and effective, action against poverty and social exclusion, as well as secure labour market integration; whereas social security has a stabilising effect on the economy and an anticyclical function that can boost domestic demand and consumption;
Amendment 7 #
2013/2111(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, to tackledue to the crisis, Member States have made severe cuts in public expenditure just when social protection needed to be strengthened in response to a sudden rise in unemployment and, at the same time, national budgets for social security cover have been further squeezed as contributions have fallen in the wake of wide-scale job losses or wage cuts, thus placing the European social model at real risk;
Amendment 12 #
2013/2111(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, social protection coverage in the EU Member States is still inadequate; whereas cases of vulnerable workers being abused in the EU are still commonplace and labour-market compartmentalisation, withs a competence of the Member States, widely varying levels of protection for different types of contract and job relationship, is a glaring reality, may leading to social maladjustment and inequality;
Amendment 22 #
2013/2111(INI)
Motion for a resolution
Recital F
Recital F
F. whereas it is essential to lay down a clear definitionprevent abuses in case of bogus self- employment and to prevent abuses in this regard so as to avoid any violation of workers' social rights, any distortion of competition and any risk of social dumping;
Amendment 28 #
2013/2111(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, given that the working conditions of self-employed people who are not economically independent are changing in ways not radically different from those of salaried workers, their social security and employment rights ought more closely to resemble salaried workers' rightsneed to be further looked at;
Amendment 30 #
2013/2111(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas social protection schemes for the self-employed need to take into consideration the fact that the self- employed represent an important force for innovation and economic growth in the EU and any intervention therein should enhance its development rather than jeopardise its existence;
Amendment 41 #
2013/2111(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States to further develop the preventive arm of social security systems and put greater emphasis on activating measures;
Amendment 42 #
2013/2111(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to ensure responsible long-term financing of social security systems, particularly in periods of economic crisis, in order to ensure the adequacy of social benefits, while not overlooking the fact that one of the most important aspects of social investments is that they enable social and economic goals to be reconciled; considers, therefore, that they should be viewed as investment, rather than as expenditurein order to ensure their sustainability and the adequacy of social benefits;
Amendment 55 #
2013/2111(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that effective social protection should include measures to promote the participation of beneficiaries in the labour market, and that lowering the level of social protection will noto stimulate employment;
Amendment 64 #
2013/2111(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States especially to provide a guarantee ofdequate social security for the most vulnerable social groups such as the unemployed, the disabled, single-parent families, the young, pensioners and young families; calls also on the Member States to ensure that social services are made more accessible for all members of vulnerable social groups and persons with long-term care needs, particularly in rural areas;
Amendment 90 #
2013/2111(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to review legislation on the coordination of social security systems and draws Member States' attention to the fact that mobile workers should not be subjected to discriminatory social protection rules aimed at curbing benefit abuses; believes that all mobile workers should enjoy the samappropriate social security entitlements and cover;
Amendment 112 #
2013/2111(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Draws attention to the fact that the absence of a clear definitiondifferent statuses of self- employment considerably hampers theed among Member States require solutions for better coordination of social security for self- employed workers among the Member States and may consequentlyin order not to restrict the free movement of workers;
Amendment 120 #
2013/2111(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to draw up a conceptual framework that will provide a legal definition of the nature and different forms of atypical employment in general and self-employment as its most widespread form, applying labour law and social protection measures in line with the various forms of employment and providing foridentifying the possibility of properly regulating social security for self-employed workers; also considers it appropriate to clearly identify false self-employment and to sanction employers if such cases are identified;
Amendment 25 #
2013/2073(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that special attention should be paid to vulnerable groups at high risk of social exclusion, including people who are not in education, employment or training (NEETs), and disadvantaged youth; points out that the way in which young people’s careers begin has a major impact on their subsequent development;
Amendment 41 #
2013/2073(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s proposals for a Quality Framework on Traineeships and an Alliance for Apprenticeships, aimed at promoting high-quality traineeships across the EU; calls, with this in mind, on the Member States to urgently implement the Youth Guarantee in order to combat youth unemployment, drawing effectively on the EUR 6 billion in EU funds available for the Youth Employment Initiative; calls on the Commission to give practical support to Member States implementing the Youth Guarantee; stresses that the Youth Guarantee must be integrated within the broader framework of active labour market policies while ensuring high standards;
Amendment 124 #
2013/2045(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the involvement of all relevant stakeholders, including training and education providers, individual employerregional and local authorities, public and private employment services, social partners, individual employers, training and education providers, third-sector organisations, and health and other authorities, is essential for the successful implementation of a variety of measures fostering youth employment and employability in an integrated fashion; emphasises that measures must be flexible so as to meet the continuously evolving needs on the labour market;
Amendment 164 #
2013/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the decision of the EPSCO Council on 28 February 2013 to agree on a Council recommendation on implementing a Youth Guarantee; recommends extending eligibility to graduates aged under 30; stresses that the success of this measure will be highly dependent on other factors, e.g. the infrastructure and capacity of public and strengthened private employment services, the availability of student places, the provision of training and, apprenticeships, and the transferability and implementation of successful experiences from other Member States; stresses that the Youth Guarantee must be integrated within the broader framework of active labour market policies and monitored while ensuring high quality standards;
Amendment 173 #
2013/2045(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages the Member States to boost their support for enterprises, cooperatives, local and regional authorities and third- sector organisations wishing to participate in Youth Guarantee schemes in close cooperation with public and private employment services, including through tax incentives, subsidies for fixed employment costs, and the possibility of accessing funding for on-site training, which will support enterprises in providing high-quality employment and training offers, and will represent an investment in young people's potential in an effective and targeted way;
Amendment 196 #
2013/2045(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to draw up in cooperation with local and regional authorities as well as with other potential stakeholders, further specific outreach strategies targeted on NEETs, which should combine effective forms of intervention aimed at tackling early school- leaving and the reintegration of early school-leavers with strategies facilitating a smooth transition from education to work, and an increase in the employability of young people, together with the removal of the practical and logistical barriers faced by young people with more complex needs;
Amendment 223 #
2013/2045(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to support young entrepreneurs and self-employment among young people by simplify an access to financial resources available for starting up their own business and creating facilities and preferential conditions for starting up their own businesses, through, e.g., cutting red tape and introducing favourable tax policies;
Amendment 236 #
2013/2045(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights that, while internet economy creates 2.6 jobs for every "off line" job lost, it is important that young people turn e-skills in programming, design or social marketing into job using available European and national funding;
Amendment 266 #
2013/2045(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Member States to develop their Vocational education and training (VET) systems in accordance with labour market needs and demands and to promote continuous dialogue between the VET providers and employers to ensure that school- leavers have skills and competences adapted to employers'' expectations;
Amendment 276 #
2013/2045(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the Alliance for Apprenticeship should also support European and national, regional and local campaigns for changing perceptions of vocational education, and should organise a regular forum for discussions on the monitoring of the European apprenticeship strategy with all relevant European and national stakeholders; stresses that incentives should also be provided to facilitate funding for crossborder training activities enabling companies and social partner organisations to become involved in establishing dual education systems;
Amendment 286 #
2013/2045(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the Member States to foster theregional and cross-border mobility of young workers by means of further progress towards the mutual recognition of qualifications and skills and enhanced coordination of national social security systems, especially as regards pension systems, as well as by continuing to invest substantially in language learning;
Amendment 296 #
2013/2045(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to introduce reforms to EURES with the aim of proactively matching jobseekers and job-changers to existing vacancies, and where necessary, to reform public employment services so as to better target their activities and approaches on young people; stresses that raising of awareness of EURES is needed so as to increase its visibility and availability, as a career advice system that supports students in becoming more aware of their aspirations and capabilities, as well as of existing job opportunities; Additionally, highlights a necessity of stronger coordination between EURES and other portals and services for citizens and business (i.e. Europe Direct information points or the European Enterprise Network for SMEs), in order to achieve greater efficiency and effectiveness of the services provided;
Amendment 308 #
2013/2045(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Call on Member States to take all necessary actions, aside potential intensified mobility, to prevent the phenomena of brain drain through sustainable measures which assure that a good proportion of the highly-skilled labour forces will retain in individual countries;
Amendment 317 #
2013/2045(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to develop personalised career counselling and guidance, starting already during secondary school, with the aim of enabling young people to make well-informed choices about their higfurther education, while introducing mechanisms that can monitor the opportunities offered and assess the success rate of those young people's subsequent transition to work;
Amendment 33 #
2013/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on Member States to safeguard an inclusive and integrated eduqualifications system with a lifelong learning approach, providing equal access to all at all levels and offering tailor-made arrangements to meet the different needs of students, especially those from vulnerable social groups, such as Roma, migrants and disabled persons;
Amendment 63 #
2013/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States to facilitate transition between the different educational and training pathways, assist transition between education, professional training and employment, provide traineeships, work-based learning, apprenticeships and dual learning models and recognize competences based on non-formal and informal learning through accessible and high-quality validation system;
Amendment 85 #
2013/2041(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on Member States to develop policies promoting lifelong learning across all age groups, focused at developing skills and competences necessary to meet the challenges of dynamic changes in labour market demand.
Amendment 89 #
2013/2041(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on Member States to promote continuous dialogue between education and labour market to avoid risk of skills mismatches.
Amendment 15 #
2013/2006(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recommends that investment be channelled into human resources and emphasis laid on training and learning in order to anticipate, and respond to, the demand for skilled labour in e.g. industry oriented towards new technologies and an energy-efficient green economy;
Amendment 36 #
2013/2006(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Suggests that information centres be set up in orderUnderlines the need to make entrepreneurs aware of the advantages to be gained from keeping their operations in, or relocating them to, Europe, and; suggests that EURES be exploited as efficiently as possible in order to make use of the skills of young European jobseekers and avert the abuses stemming froms well as calls on Member States to improve implementation of the Services Directive and the increasingeliminate instances of social dumping.
Amendment 210 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. With effect from two years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,2.7 % of the value of the transaction for any debit card based transactions.
Amendment 225 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from two years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of, on average, more than 0,3.7 % of the value of the transaction for any creddebit card based transactions.
Amendment 238 #
2013/0265(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Hidden interchange fees 1. Three party payment card schemes impose hidden interchange fees which should be subject to a cap in the same way as the open interchange fees referred to in Articles 3 and 4 are. 2. In order to ensure compliance with this requirement, three party payment card schemes shall keep separate accounts for business activities connected with consumer card acquiring and for business activities connected with consumer card issuing. This should be done in the same way as it would were these activities carried out by legally separate entities, enabling the identification of all cost and revenue elements – as well as the basis for their calculation and a detailed explanation of the methods used – related to the schemes’ issuing and acquiring activities, including a detailed breakdown of fixed assets and structural costs.
Amendment 278 #
2013/0265(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 50 #
2013/0202(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) supporting the most vulnerable social groups with high unemployment rates, especially young people and older workers;
Amendment 55 #
2013/0202(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) increased voluntary geographical and occupational mobility;
Amendment 178 #
2013/0124(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall provide clear, easily accessible, comprehensive and up- to-date information on the rights conferred by the Union law on free movement of workers. . This information should also be, redress procedure and contact points, in a user friendly manner and easily accessible formats, also to persons with disabilities. This information should be available via a single national official website and other suitable means such as leaflets and also easily accessible through Your Europe and EURES.
Amendment 27 #
2013/0029(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should also ensure that all functions necessary to the sustainable operations, maintenance, and development of the rail infrastructure will be managed in a consistent manner by the infrastructure manager itself, which does not prevent a Member State from having many managers operating on stand-alone rail lines or sections thereof.
Amendment 46 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2012/34/EU
Article 3 - point 2
Article 3 - point 2
‘infrastructure manager’ means any body or firm ensuring, in particular, the development, operation and maintenance of railway infrastructure on a network; development includes network planning, financial and investment planning as well as building and upgrades of the infrastructure; operation of the infrastructure includes all elements of the process of train path allocation, including both the definition and the assessment of availability and the allocation of individual paths, traffic management and infrastructure charging, including determination and collection of the charges; maintenance shall includes infrastructure renewals and the other asset management activities’;
Amendment 47 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 2012/34/EU
Article 3 - point 5
Article 3 - point 5
Amendment 48 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2012/34/EU
Article 6 - paragraph 2
Article 6 - paragraph 2
Amendment 55 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3 – point 5
Article 1 – point 3 – point 5
Directive 2012/34/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
Where on the date of entry into force of this Directive, the infrastructure manager belongs to a vertically integrated undertaking, Member States may decide not to apply paragraphs 2 to 4 of this Article. In such case, the Member State concerned shall ensure that the infrastructure manager performs all the functions referred to in Article 3(2) and has effective organisational and decision- making independence from any railway undertaking in accordance with the requirements set in Articles 7a to 7c.
Amendment 62 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Regulation (EC) No 1370/2007
Article 2 – point c
Article 2 – point c
‘competent local authority’ means any competent authority whose geographical area of competence is not national and which covers the transport needs of, for example, a region, an urban agglomeration or a rural district;
Amendment 63 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 1
Article 2a – paragraph 1
Competent authorities shall establish and regularly update public passenger transport plans covering all relevant transport modes for the territory for which they are responsible. These public transport plans shall define the objectives of public transport policy and the means to implement them covering all relevant transport modes for the territory for which they are responsible. They shall at least include:
Amendment 69 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 1 – point e
Article 2a – paragraph 1 – point e
other operational requirements such as transport of bicycles, traffic management, contingency plan in case of disturbances.
Amendment 133 #
2012/2292(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 2 #
2012/2257(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to its resolution of 20 November 2012 on Social Investment Pact- as a response to the crisis;
Amendment 4 #
2012/2257(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the employment and social consequences of the crisis are far-reaching, and are now exacerbated by the impact of fiscal consolidation introduced in certain countries in response to the sovereign debt crisis and a constricted monetary policy in the eurozone, which contrasts with that implemented by other major economic regions and is unable to give an effective response to the sovereign debt crisis and promote growth; whereas the crisis has negative effects on the quality and quantity of social investments in Europe; whereas the eurozone is in recession and the EU is currently the only major region in the world where unemployment is still rising;
Amendment 25 #
2012/2257(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas targeted social investments should be major part of Member States' response to the crisis as they are key to reaching the employment, social and education objectives of the Europe 2020 strategy;
Amendment 70 #
2012/2257(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to adopt measures favourable to job creation such as labour tax reforms that provide employment incentives, promote and support self-employment and business start-ups, improve the framework for doing business, facilitate access to financing for SMEs, transform informal and undeclared work into regular employment, reform labour markets to make them more adaptive, dynamic and inclusive, provide employers with skills and instruments that enable them to adopt to changing labour markets; modernise wage-setting systems to align wages with productivity developments, exploit the high employment potential of sectors such as the green economy, health and social care, and the ICT sector to create jobs.
Amendment 188 #
2012/2257(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Calls on the Member States to improve the adequacy and effectiveness of social protection systems and to ensure that these continue to act as buffers against poverty and social exclusion; at the same time notes that the European Social Model requires modernisation in the direction of 'activating welfare states', that invest in people and provide instruments and incentives with a view to create sustainable jobs and growth as well as prevent social distortions;
Amendment 190 #
2012/2257(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70 a. Calls on the European Council and the Commission to better integrate the monitoring and evaluation of employment, social and education goals of the Europe 2020 strategy in the European Semester 2013;
Amendment 1 #
Amendment 10 #
2012/2234(INI)
Motion for a resolution
Recital A – indent 5
Recital A – indent 5
– the importance of avoiding gender inequalities in pensions, resulting in particular from imbalances in the way men and women participate in the reconciliation of work and care;
Amendment 29 #
2012/2234(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in many EU countries fertility rates remain low, leading to a drop in the number of people of working age in the future;
Amendment 34 #
Amendment 40 #
2012/2234(INI)
Motion for a resolution
Recital E
Recital E
E. whereas falling employment and rising unemployment has hurt pay-as-you-go pension schemes, while funded systems are hit by disappointing financial markets returns;
Amendment 69 #
2012/2234(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reminds that the Pension Funds Directive applies only to voluntary pension schemes and does not cover any instruments being part of the obligatory public pension scheme.
Amendment 76 #
2012/2234(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the likelihood of a long- term, low-growth economic scenario, which will require Member States to consolidate their budgetpublic finances and reform their economies under austere conditions; subscribes, therefore, to the view expressed in the Commission's White Paper that people will need to build up complementary occupational and if possible private pension savings;
Amendment 89 #
2012/2234(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that first-pillarpublic pension schemes remain the most important source of income for pensioners; calls on Member States to implement reforms to their first-pillarpublic systems aligning contributory years and retirement age to the changing ratio between pensioners and people in working age, also to prevent public pension costs crowding out other important government spending, particularly social investments; calls on the Member States to ensure first-pillarpublic pension schemes −- if necessary complemented by minimum income provisions −- to provide a decent minimum income;
Amendment 111 #
Amendment 116 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point i
Paragraph 4 – point i
i. a public, first-pillar, pension system, that would include either or both pay-as-you-go and funded component, with a guarantee of a decent minimum pension;
Amendment 120 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point ii
Paragraph 4 – point ii
ii. a funded,widely accessible employment-related, mandatory collective second-pillar occupational pension funds, preferably governed by (sectoral) social partners;
Amendment 133 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point iii
Paragraph 4 – point iii
iii. an individual third-pillar pension based on privateprivate pension savings;
Amendment 160 #
2012/2234(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is of the opinion that to arrive at a comprehensive solution to the pension challenge, taking into account the need to work longer, to adapt working conditions and promote lifelong learning so as to enable people to work longer, consensus between governments and social partners is paramount;
Amendment 171 #
2012/2234(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the main thrust of the White Paper that suggests focusing on: balancing time spent in work and retirement; developing complementary occupational and private pension savings, and enhancing the EU's pension monitoring tools and pension literacy;
Amendment 225 #
2012/2234(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the social partners to adopt a life-cycle approach to human resources management and to adapt workplaces; calls on employers to create adequate working conditions and come up with programmes to ensure that employees can work longer; calls on workers to engage actively in available training opportunities and programmes that enable people to keep themselves fit for the labour market at all stages of their working life;
Amendment 247 #
2012/2234(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the call in the White Paper for developing funded, complementary occupational pensions and private savings; stresses, however, that the Commission should rather recommend collective mandatory occupational pension savings, as collective (second pillar)occupational pension systems −- usually governed by (sectoral) social partners −- allow for solidarity within and between generations, whereas individual schemes do not; stresses the need to start building up complementary occupational pension systems now, despite the crisis;
Amendment 300 #
2012/2234(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 20 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 4
Section 1 – paragraph 4
4. Calls for a balanced interaction between economic policies on the one hand and employment and social policies on the other hand since, modernizing the European social model iso that it can be a driver of economic competitiveness without which the Union's social market economy will not be able to climb out of the rut;
Amendment 32 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 1
Section 1 – paragraph 6 – indent 1
– the introduction of a European Youth GuaranteeOpportunity;
Amendment 40 #
Amendment 44 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 3
Section 1 – paragraph 6 – indent 3
– decent living wageswages, which do not cause in-work poverty;
Amendment 49 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 4
Section 1 – paragraph 6 – indent 4
– social housing guaranteed exclusively to the socially excluded, complemented by activating measures;
Amendment 53 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 6 – indent 5
Section 1 – paragraph 6 – indent 5
– a social protection floor to guarantee equal access to essential health services, income support and subsistence security;
Amendment 88 #
2012/2151(INI)
Draft opinion
Section 1 – paragraph 12
Section 1 – paragraph 12
12. Calls on the Commission to strengthen and promote fair mobility and step up the fight against social dumping due to the misuse of posted workers, both in host and home countrie, which may constitute a solution to growing unemployment, with strong regard to workers' rights;
Amendment 50 #
2012/2150(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission to be more explicit in its recommendations and further to monitor recommendations made in the past, including a more detailed explanation and evaluation in those cases where the Commission thinks a country has only partially followed the recommendations; urges the Commission to take social policy achievements into account in its recommendations;
Amendment 70 #
2012/2150(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Member States to strictly follow the rules set by the Stability and Growth Pact, as modified by the ‘six- pack’, in order to render public finances more resilient and ensure that the European economy becomes more sustainable, as well as reducing pressure from the banking sector; expects the Commission and the Council to strictly enforce these rules; 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 towards long-term investment and social investment, which would foster sustainable growth and higher employment, as well as progress on social inclusion;
Amendment 25 #
2012/2144(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. With a view to improve employment level and job creation in Europe, supports initiatives that aim at continuous opening up of national service markets and providing legal certainty through improvement of national rules on cross- border provision of services.
Amendment 9 #
2012/2134(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that access to finance is crucial for funding business investment, ensuring businesses reach their growth potential, and for facilitating new business start-ups, thereby contributing to future growth and, preserving current jobs and new job creation;
Amendment 17 #
2012/2134(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes support for SMEs and micro- enterprises through initiatives such as PSCI, COSME and Horizon 2020, which creates opportunities for employees within thprovide new ways of developing the skills and knowledge that enable SMEs and micro-enterprise sectors to develop their skills and knowledge basedynamically;
Amendment 20 #
2012/2134(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that, despite successful EU initiatives such as the Late Payments Directive, serious barriers exist to the start- up and development of SMEs, such as restricted access to finance and the high cost of finance, which can impact on SMEs’ ability to createpreserve existing jobs and cretain staffate new ones;
Amendment 35 #
2012/2134(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that a lack of knowledge and information can affect the supply of both debt and equity finance to SMEs, resulting in potentially viable businesses being refused finance, which inhibits the development or creation of viable SMEs and microenterprises;(Does not affect English version.) (Referring only to Polish version.)
Amendment 41 #
2012/2134(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the strengthened SME test, which ensures that any new measures doll available options are evaluated regularly during the development of new legislative proposals in such a way as not to place disproportionate burdens on SMEs or micro-enterprises;
Amendment 44 #
2012/2134(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission and Member States to consider the strong social and economic arguments in favour of using existing EU initiatives to equip potential and existing SME owners with the appropriate skills, tools and knowledge required for successful financial management.(Does not affect English version.) (Referring only to Polish version.)
Amendment 4 #
2012/2131(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 9 #
2012/2131(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third- country workers legally residing in a Member State1, 1 OJ L 343, 23.12.2011, p. 1.
Amendment 94 #
2012/2131(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to draw up and introduce a common, criteria-based European points system European credit accumulation and transfer system based on transparent criteria, in keeping with the European Qualification Framework approach and open to the Member States on a voluntary basis; asserts that it should be possible to adjust such a system to labour-market conditions so as to make it easier to attract urgently needed skilled workers;
Amendment 98 #
2012/2131(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission, in connection with the proposed pointscredit accumulation and transfer system, to consider developing an international platform on EURES for standardised job and skills profiles, in order to facilitate the recruitment of job- seeking migrants and the comparison of their capabilities;
Amendment 102 #
2012/2131(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that by participating in the pointscredit accumulation and transfer system Member States would become more attractive to qualified third- country nationals, for whom it would constitute a simplification;
Amendment 109 #
2012/2131(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States, in spite and because of the constant shortage of skilled workers, not to lose sight of mobility within the EU and thus to place the recruitment and integration of EU citizens from other Member States in the forefront, in particular in view of the constant shortage of skilled workers;
Amendment 118 #
2012/2131(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Member States to bring appropriate tools and instruments to bear to remedy labour market shortages, primarily by means of intra-EU mobility;
Amendment 122 #
2012/2131(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks that migrants should have easier access to the labour market and that they should be able to rely on the quick and inexpensive recognition and validation of their diplomas, qualifications and skills acquired through formal, non-formal and informal learning;
Amendment 198 #
2012/2131(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Draws attention to the need for appropriate information systems to be developed for migrants, including as regards access to relevant programmes and services, enabling potential migrants to make a proper assessment of the costs and benefits of migrating and helping them to decide whether to do so;
Amendment 9 #
2012/2098(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that co- and self-regulation cannot be a substitute for appropriate regulation in anythe development of CSR should be based, above all, on self- regulation and self-organisation of the mareas covered by CSR, but believes that it could underpin existing ket; notes, at the same time, that the public administration should provide support by creating approprivate and voluntary CSR initiatives by establishing minimum principles to ensure consistency, materiality, multi-stakeholder input and transparencyconditions for CSR cooperation and providing appropriate tools and instruments, such as an incentive system;
Amendment 23 #
2012/2098(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Fully supports the Commission’s intention to bring forward a legislative proposal on ‘non-financial disclosure’ by business; warns that use of the term ‘non- financial’ should not disguise the very real financial consequences for business of social, environmental and human rights impacts; calls for an ambitious proposal which places the EU at the heart of the many current international initiatives on mandatory corporate sustainability reporting and which is fully in line with the objective of making Integrated Reporting, as currently developed by the IIRC, the global norm by the end of the decadeAgrees that the issue of ‘non-financial disclosure’ by business requires further consideration; stresses, however, that any solutions must not create excessive administrative burdens, particularly not for SMEs; warns that use of the term ‘non- financial’ should not disguise the very real financial consequences for business of social, environmental and human rights impacts;
Amendment 38 #
2012/2098(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the link between good corporate responsibility and good corporate governance can only be achieved if CSR is a mainstream, among other things, CSR is a part of the company affecting its day-to-day financial strategy; believes that the Commission should explore opportunities to ensure that CSR strategy is agreed at board level.
Amendment 47 #
2012/2097(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that future key drivers for ‘scaling up’ CSR will include an emphasis on global CSR instruments, fresh momentum from leading businesses among their peers, the use of appropriate regulationself-regulation and self-organisation of the market, support from the public administration for initiatives through the creation of appropriate conditions for CSR cooperation and the provision of appropriate tools and instruments, such as an incentive system, a robust impact analysis of existing CSR initiatives, and increasing recognition within both the business community and wider society of the scale of global social and environmental challenges;
Amendment 175 #
2012/2097(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Fully supports the Commission’s intention to put forward a legislative proposal onAgrees that the issue of ‘non-financial disclosure’ by businesses requires further consideration; warns that use of the term ‘non-financial’ should not disguise the very real financial consequences for business of social, environmental and human-rights- related impact; calls for an ambitious proposal which places the EU right among the many current international initiatives on mandatory corporate sustainability reporting and squarely within the objective of making Integrated Reporting, as being developed by the IIRC, the global norm by the end of the decadestresses, however, that any solutions must not create excessive administrative burdens, particularly not for SMEs;
Amendment 17 #
2012/2003(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the majority of recent responses to the crisis were based mainly on short- term goals aimed at restoring stability to public finances, being crucial efforts to defend our economy, and whereas these austerity measures cshould have negative long-term effects on employment,be completed with growth- and competitiveness if not completed withemployment-friendly measures in order to restore employment, growth- and employment-friendly measurescompetitiveness in Europe;
Amendment 63 #
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 omainly responds to emerging damages caused by market failure and is based on redistribution of public resources, to an ‘activating welfare state’, that invests in people and gives citizens instruments and incentives that will help them to adapt to changing economic and social conditions;
Amendment 71 #
Amendment 133 #
2012/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages those Member States who have not done it yet to introduce necessary reforms in order to improve the sustainability of their pension systems, increase the statutory retirement age and limit early retirement possibilities, and to combine this with the constant improvement of working conditions and the implementation of lifelong training schemes enabling longer professional careers;
Amendment 144 #
2012/2003(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on Member States to consider signing to a ‘Social Investment Pact’, through which they would create a reinforced control mechanism for improving efforts to meet employment, social and education targets of Europe 2020; this 'Social Investment Pact', like e.g. the 'Euro Plus Pact', could contain a list of specific measures in form of social investments to be taken by Member States in a given timeframe in order to meet the employment, social and education targets of Europe 2020 and to restore employment, growth and competitiveness; these commitments should be subject to the regular surveillance framework with a strong role for the European Commission and the involvement of all relevant formations of the Council;
Amendment 96 #
2012/0244(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.
Amendment 111 #
2012/0244(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Bearing in mind that the EBA, in works of which all Member States participate with equal rights, was established with an aim to develop the single rulebook and ensure the coherence of supervisory practices within the EU and given the establishment of the single supervisory mechanism with a leading role of the ECB, the EBA needs to be equipped with adequate instruments, which will enable it to efficiently perform its entrusted tasks concerning the integrity of the single market in the area of financial services.
Amendment 118 #
2012/0244(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In view of the supervisory tasks conferred on the ECB by Council Regulation (EU) No …/….../... [127(6) Regulation], EBA should be able to carry out its tasks also in relation to the ECB. In order to ensure that existing mechanisms for settlement of disagreements and actions in emergency situations remain effective, a specificcommon procedure, binding for all competent authorities, should be provided for. In particular, if the competent authority, including the ECB, does not comply with an action by EBA to settle a disagreement or to address an emergency situation, it should be required to explain its reasons. In that case, whenever based on requirements set out in directly applicable Union law EBA can adopt an individual decision addressed to the financial institution concerned, it should do so.
Amendment 123 #
2012/0244(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The mandate of the EBA to settle disagreements, involving the ECB with regard to cases concerning prudential supervision, can be inferred from the fact that both the establishment of the EBA and the conferment of specific supervisory tasks on the ECB have been introduced through secondary law.
Amendment 127 #
2012/0244(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure that interests of all Member States are adequately taken into account and to allow for the proper functioning of the EBA with a view to maintain and deepen the internal market in the field of financial services, the voting modalities within the Board of Supervisors should be adapted, in particularboth with regard to decisions taken by the EBA at simple majority and decisions taken at qualified majority.
Amendment 136 #
2012/0244(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Decisions concerning breaches of Union law and settlement of disagreements should be examined by an independent panel composed of voting members of the Board of Supervisors which do not have any conflicts of interest, appointed by the Board of Supervisors. The decisions proposed by the panel to the Board of Supervisors should be considered as adopted uonless rejected by a simple majority, which should include an adequate number of votes from members from Member Sy if accepted by the Board of Supervisors at simple majority in two separate votings, one of which tatkes participating in the SSM and from Member States that do not participate in the SSMlace in the group of the Member States with common euro currency and the second in the group of remaining Member States.
Amendment 141 #
2012/0244(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The members of the independent panel set up according to Article 41(2) of Regulation (EU) No 1093/2010 should not be considered to be in a situation of conflict of interest on the sole ground that they are, in particular, in cases when they representatives of the competent authoritiesy, which are part of the SSM and a given case to be decided upon by the Panel concerns the SSMhas jurisdiction within the Member State, in which the concerned credit institution operates. The EBA should develop rules of procedure for the panel that ensure its independence and objectivity.
Amendment 144 #
2012/0244(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Since the Member States which entered into close cooperation with the SSM are devoid of voting rights in the Governing Council of the ECB, which results in a lack of effective influence on the decision making process within the SSM, a special procedure for settlement of disagreements between the ECB and a competent authority of a Member State which has entered into close cooperation shall be established, which will compensate for the absence of forceful instruments to sway the decision making process taken within the SSM and at the same time, will safeguard the right to protect justified interests, in particular the stability of the local financial market. To that end, the EBA should be equipped with the ultimate authority to settle disagreements between the ECB and the competent authority of a Member State that has entered into close cooperation with the SSM.
Amendment 148 #
2012/0244(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The composition of the Management Board should be balanced and proper representation of Member States participating in the SSM, remaining in the close cooperation, and not participating in the SSM should be ensured.
Amendment 196 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1093/2010
Article 18 – paragraph 3a
Article 18 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take the necessary action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall provide within 48 hours at the latest adequate justification to the Authority for its non-compliance."
Amendment 197 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1093/2010
Article 18 – paragraph 3a
Article 18 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take the necessaryspecific action or to refrain from action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall provide within 48 hours at the latestwithin ten working days of the receipt of the request provide adequate justification to the Authority for its non-compliance."
Amendment 204 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EU) No 1093/2010
Article 19a (new)
Article 19a (new)
3 b. The following Article is inserted after Article 19: "Article 19a In a situation when the competent authority, which entered into close cooperation with the ECB in accordance with Regulation (EU) No .../... [127(6) TFEU Council Regulation] does not agree with the final supervisory decision adopted by the SSM regarding a credit institution operating in the Member State of its jurisdiction, it has the right to veto the execution of every such decision and refer it to the independent panel, mentioned in the Article 41, established by the EBA. The decision proposed by the independent panel shall be considered as adopted only if accepted by the Board of Supervisors in accordance with Article 44."
Amendment 213 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1093/2010
Article 35 – paragraph 3
Article 35 – paragraph 3
"3. Upon a duly justified request from a competent authority, the Authority mayshall provide any information that is necessary to enable the competent authority to carry out its duties, in accordance with the professional secrecy obligations laid down in sectoral legislation and in Article 70."
Amendment 222 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panel consisting of the Chairperson and twofour members appointed by the Board of Supervisors among its voting members. At least onetwo members of the independent panel shall be from a Member State which is not a participating Member State in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation]currency is not the euro, at least one of which shall be from a Member State not exercising close cooperation with the SSM either."
Amendment 224 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 3
Article 41 – paragraph 3
"3. The panel shall propose a decision for final adoption by the Board of Supervisors, in accordance with the procedure set out in the third subparagraph of Article 44(1)members of the panel shall act independently, objectively in accordance with Article 42 and shall not be in a situation of conflict of interest. It shall be recognized that the members of the panel remain in a situation of conflict of interests, in particular, in cases when they represent the competent authority, which has the jurisdiction within the Member State, in which the concerned credit institution operates."
Amendment 226 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 1093/2010
Article 41 – paragraph 4
Article 41 – paragraph 4
"4. The Board of Supervisors shall adopt rules of procedure for the panel referred to in paragraph 2, including rules implementing the requirement set out in the second subparagraph of that paragraphBy way of derogation from paragraph 2, from the date when the euro is not the currency of only two Member States, the independent panel shall consist of a Chairperson and two members appointed by the Board of Supervisors, among its voting members. At least one member of such an independent panel shall be from a Member State in which currency is not the euro."
Amendment 230 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1093/2010
Article 42
Article 42
Amendment 236 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
"1. Decisions of the Board of Supervisors shall be taken by a simple majority of its memberin two separate votings, one of which takes place in the group of the Members States with common euro currency and the second in the group of remaining Member States. Each member shall have one vote."
Amendment 241 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
"With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions, however the decisions to be passed shall be supported in parallel by at least simple majority of weighted votes in the group Member States with common euro currency, as well as in the group of remaining Member States."
Amendment 246 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 3
Article 44 – paragraph 1 – subparagraph 3
"With regard to decisions in accordance with Articles 17, 19, and 19a, the decision proposed by the panel shall be considered as adopted uonless it is rejected by a simple majority which shall include at least three votes from members of participating Member Sy if accepted by the Board of Supervisors at a simple majority in two separate votings, one of which tatkes and three votes from members ofplace in the group of the Members States which are neither participating Member States in accordance with Regulation (EU) No …/…[127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationith common euro currency and the second in the group of remaining Member States. Each member shall have one vote."
Amendment 249 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 –paragraph 1 – subparagraph 4
Article 44 –paragraph 1 – subparagraph 4
"By way of derogation from the third subparagraph, from the date when four or less Member States are neither participating Member States in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationthe euro is not the currency in only four Member States, the decision proposed by the panel shall be considered as adopted uonless it is rejected byy if accepted by the Board of Supervisors at a simple majority which shall include at least one vote from members of those Member States. Each member shall have one vote."
Amendment 252 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5
Article 44 –paragraph 1 – subparagraph 5
"By way of derogation from the third subparagraph, from the date when the euro is not the currency in three or less Member States, the decision proposed by the panel shall be considered as adopted, only if accepted by the Board of Supervisors at a qualified majority of five- sixths of its members. Each member shall have one vote."
Amendment 253 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5 a (new)
Article 44 –paragraph 1 – subparagraph 5 a (new)
"The independent panel, mentioned in Article 41, with regard to decisions in accordance with Articles 17, 19, and 19a takes the decision at a qualified majority of four-fifths of its members. From the date when the euro is not the currency in only two Member States, the independent panel takes decisions by simple majority."
Amendment 264 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation EU No 1093/2010
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
"The term of office of the members elected by the Board of Supervisors shall be 2 1/2 years. That term may be extended once. The composition of the Management Board shall be balanced and proportionate and shall reflect the Union as a whole. The Management Board shall include at least twohree representatives from Member States in which are not participating Member States in accordance with Regulation [127(6) TFEU Council Regulation] nor havecurrency is not the euro, at least two of which come from the Member States, which did not entered into close cooperation with the ECB in accordance with that RegulationSSM either. Mandates shall be overlapping and an appropriate rotating arrangement shall apply."
Amendment 266 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Regulation (EU) No 1093/2010
Article 58 – paragraph 3
Article 58 – paragraph 3
8 b. Article 58(3) is replaced by the following: "3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, following a public call for expressions of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors. At least one member and his alternate should come from a Member State which currency is not the euro, nor has entered into close cooperation with the ECB in accordance with that Regulation. The other members shall be appointed in accordance with Regulation (EU) No 1094/2010 and Regulation (EU) No 1095/2010."
Amendment 90 #
2012/0242(CNS)
Proposal for a regulation
Recital 4
Recital 4
(4) Competence for supervision of individual banks in the Union remains mostly at national level. This limits the effectiveness of supervision and the ability of supervisors to reach a common understanding of the soundness of the banking sector throughout the UnionCoordination between supervisors is vital but the crisis has shown that mere coordination is not enough, in particular in the context of a single currency. In order to preserve and increase the positive effects of market integration on growth and welfare, integration of supervisory responsibilities should therefore be enhanced.
Amendment 214 #
2012/0242(CNS)
Proposal for a regulation
Recital 18
Recital 18
Amendment 265 #
2012/0242(CNS)
Proposal for a regulation
Recital 25
Recital 25
Amendment 284 #
2012/0242(CNS)
Proposal for a regulation
Recital 29
Recital 29
(29) As regards the supervision of cross- border banks active both inside and outside the Euro area the ECB should cooperate closely with the competent authorities of non participating Member States. As a competent authority the ECB should be subject to the related obligations to cooperate and exchange information under Union law and should participate fully in the colleges of supervisors. In addition, since the exercise of supervisory tasks by a European institution brings about clear benefits in terms of financial stability and sustainable market integration, Member States not participating in the common currency should therefore also have the possibility to participate in the new mechanism. However, it is a necessary pre-condition for an effective exercise of supervisory tasks, that supervisory decisions are implemented fully and without delay. Member States wishing to participate in the new mechanism should therefore undertake to ensure that their national competent authorities will abide by and adopt any measure in relation to credit institutions requested by the ECB. The ECB should be able to establish a close cooperation with the competent authorities of a Member State not participating in the common currency. It should be obliged to establish the cooperation where the conditions set out in this regulation are met. The conditions under which representatives of the competent authorities of the Member States which established a close co-operation take part to the activities of the Supervisory Board should allow the greatest possible involvement of those represenensure equal treatment of all participating Member Statives taking into account the limits following from the Statute of ESCB and of the ECB, in particular as regards the integrity of its decision making process.
Amendment 320 #
2012/0242(CNS)
Proposal for a regulation
Recital 34
Recital 34
(34) The conferral of supervisory tasks implies a significant responsibility for the ECB to safeguard financial stability in the Union, and to use its supervisory powers in the most effective and proportionate way. The ECB should therefore be accountable for the exercise of these tasks towards the European Parliament and the Council of Ministers respectively the Eurogroup as democratically legitimised institutions representing the European people and the Member States. That should include regular reporting and responding to questions. Where national supervisors take action under this Regulation, accountability arrangements provided under national law should continue to apply.
Amendment 395 #
2012/0242(CNS)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) Whereas the pending financial crisis contributed immensely to the fragmentation of European financial markets, it is indispensable to enhance the common integrated financial framework. However, it should be borne in mind that the deepening of integration in the EMU cannot give rise to new, not outlined in the Treaties, convergence criteria, which can create additional barriers to entry for countries under a temporary derogation.
Amendment 396 #
2012/0242(CNS)
Proposal for a regulation
Recital 47 b (new)
Recital 47 b (new)
(47b) Whereas, efforts to secure financial stability within the EU require a diversified approach to distinctive types of risks in different markets and considering that the economies of the Member States, including those in the EMU, remain heterogeneous and that economic cycles are not synchronized, it should be borne in mind that according to the ESRB Recommendation (ESRB/2011/3) and standard no. 138 of Basel III, effective response to the problems of macroeconomic imbalances necessitates the use of discretionary instruments at local level. Moreover, the scope to customize macroprudential instruments is of the utmost significance to the Member States remaining in the EMU, due to their inability to use macroeconomic automatic stabilizers, such as interest rate or exchange rate.
Amendment 409 #
2012/0242(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation confers on the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions, with a view to promoting the safety and soundness of credit institutions and the stability of the financial system within the EU and each Member State, with due regard for the unity and integrity of the internal market.
Amendment 413 #
2012/0242(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘'participating Member State’' means a Member State whose currency is the euro; or a Member State whose currency is not the euro, which has entered into a close cooperation in accordance with Article 6.
Amendment 474 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 496 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point k
Article 4 – paragraph 1 – point k
(k) To carry out supervisory tasks in relation to early intervention where a credit institution does not meet or is likely to breach the applicable prudential requirements, including recovery plans and intra group financial support arrangements, in coordination with the relevant resolution authorities;
Amendment 504 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point l
Article 4 – paragraph 1 – point l
Amendment 525 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Subject to and in compliance with any relevant Union law rule and in particular any legislative and non-legislative act including technical standards developed by EBA and adopted by the Commission, the ECB may adopt regulations and recommendations and take decisions to implement or apply Union law, to the extent necessary to carry out the tasks conferred upon it by this Regulation, and only where those Union acts, do not deal with certain aspects necessary for the proper exercise of the ECB's tasks or do not deal with them in sufficient detail. Before adopting a regulation, the ECB shall conduct open public consultations, including EBA and the Commission, and analyse the potential related costs and benefits.
Amendment 588 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. National competent authorities shall follow the instructions given by the ECB for the purposes of the tasks mentioned in Article 4(1). Instructions given by the ECB shall not interfere with the exercise of voting rights by competent authorities of participating Member States within the Board of Supervisors and the Management Board of the European Banking Authority.
Amendment 615 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Within the limits set out in this Article, the ECB shall carry out the tasks in the areas referred to in Article 4 (1) and (2) in relation to credit institutions established in a participating Member State whose currency is not the euro, where a close cooperation has been established between the ECB and the national competent authority of such Member State in accordance with this Article.
Amendment 620 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
To that end, the ECB may address guidelines or requests to the national competent authority of the non participating Member State, whose currency is not the euro.
Amendment 627 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The close cooperation between the ECB and the national competent authority of a non participating Member State, whose currency is not the euro, shall be established, by a decision adopted by the ECB, where the following conditions are met:
Amendment 639 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 650 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The Member State that has established a close cooperation with ECB may request the ECB to terminate the close cooperation at any time. In this case, the ECB shall immediately proceed to adopt a decision terminating the close cooperation. The decision shall be published in the Official Journal of the European Union and shall specify the date from which it is legally valid.
Amendment 812 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The planning and execution of the tasks conferred upon the ECBdrafting of decisions to be taken by the ECB with regards to supervisory tasks conferred upon it by this Regulation, shall be undertaken by an internal body composed of four representatives of the ECB appointed by the Executive Board of the ECB and one representative of the national authority competent for the supervision of credit institutions in each participating Member State (hereinafter ‘s'Supervisory bBoard’').
Amendment 829 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. In addition, the supervisory board shall include a Chair elected by the members of the Governing Couperson. Appointment shall be made on the basis of merit, skills, knowledge of financial institutions and markets, and of experience relevant to financial from the members, with the exception of the Presidsupervision and regulation, following an open selection procedure. The Chairperson shall be appointed by common accord of the government,s of the Executive Board, and a Vice-Chair elected by and from the members of the Governing Council of the ECBMember States at the level of Heads of State or Government, on a recommendation from the supervisory board, after it has consulted the Council and the European Parliament. The Supervisory Board elects from among its members two Vice-Chairmen.
Amendment 839 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Governing Council of the ECB may delegate clearly defined supervisory tasks and relatedFor the purpose of paragraph 1 the Governing Council of the ECB authorises the Supervisory Board to draft decisions regarding individual or a set of identifiable credit institutions, financial holding companies or mixed financial holding companies to the supervisory board, subject to. The Supervisory Board proposes a decision for final adoption by the Goversight and responsibility of the Governing Councilning Council. The decision proposed by the Supervisory Board shall be considered as adopted unless it is rejected by the Governing Council. The Governing Council can only accept or reject the proposed decision. If the Governing Council rejects the proposed decision, it shall be returned to the Supervisory Board for a review.
Amendment 860 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Chair of the European Banking Authority and, a member of the European Commission may participate as observers in the meetings of the supervisory boardand chairmen of national competent authorities from Member States remaining outside the SSM may participate as observers in the meetings of the supervisory board on condition that their request has been accepted by the supervisory board by simple majority. The Supervisory board may, if appropriately justified, restrict observers' access to confidential data.
Amendment 864 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Governing Council shall adopt the rules of procedure of the supervisory board includingand shall make them public. They shall ensure equal treatment of all participating Member States, including voting rights. They shall also include rules on the term of office of the Chair and the Vice-Chair. The term of off, whiceh shall not exceed five years and shall not be renewable.
Amendment 90 #
2012/0061(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Competent authorities shall make an overall assessment of all factual elements in order to determine if the worker is genuinely posted. If the proof cannot be produced, Member States involved shall collaborate closely and with no delay in order to choose which law is applicable to the employment contract, basing themselves on the Rome I Regulation.
Amendment 100 #
2012/0061(COD)
Proposal for a directive
Recital 9
Recital 9
(9) For the purpose of ensuring that a posted worker receives the correct pay and provided allowances specific to posting can be considered part of minimum rates of pay, such allowances should only be deducted from wages if national law, collective agreements and/or practice of the host Member State provide for this. It is up to the national law of the Member State of establishment if the employer is obliged to provide or reimburse the costs of travel, board, lodging/accommodation. It is however up to the national law of the host Member State if it is included in the minimum wage.
Amendment 111 #
2012/0061(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Member States shall take appropriate measures in order to prevent the misuse and/or circumvention of the Directive 96/71/EC and this Directive by the undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights.
Amendment 206 #
2012/0061(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States’ competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislat(Does not affect English version.)
Amendment 211 #
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.(Does not affect English version.)
Amendment 360 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point d
Article 3 – paragraph 2 – subparagraph 2 – point d
(d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done; as well as(Does not affect English version.)
Amendment 434 #
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, free of charge, in English and in other most relevant 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 applicable and upon requests in formats accessible to persons with disabilities;
Amendment 456 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The undertaking shall inform in writing its workers about their rights during the period of their posting. Analogously, the contractor present in the host Member State shall inform in writing its foreign subcontractors about the terms and conditions of employment in force in the host Member State.
Amendment 522 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Member States are encouraged to establish points of information and practical help for the posted workers in order to ensure that they dispose of a proper knowledge about their rights. The place of the information points and the language coverage shall be decided upon an estimation of the presence of posted workers in the territory of the Member State concerned. This applies to both the Member State of establishment and the host Member State, since it is equally important to provide the worker with the information before his/her departure and during his/her period of posting.
Amendment 595 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
d) an obligation to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the p(Does not affect English versiod in which the services are provided.n.)
Amendment 656 #
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 and 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 683 #
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 is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC, would have been due;
Amendment 690 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
(ba) any back-payments or refund of taxes or social security contributions unduly withheld from the worker's salary.
Amendment 693 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. The mechanisms referred to in paragraph 5 may include a system which provides on a non-discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in the host Member State territory that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted workers and/or common funds or institutions of social partners for non- payment of the sums described in paragraph 5.
Amendment 31 #
2011/2320(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is deeply concerned about the fact that the current national targets are not even in theory sufficient to achieve the EU2020 headline targets for employment, education and poverty reduction; urges the European Council to ensure that Member States step up their national targets and that these are accompanied by concrete and realistic roadmaps for implementation and assessed using clear and consistent indicators drawing on the agreed Joint Assessment Framework, so that the EU is put on a clear and feasible track to reach all EU2020 objectives and that progress can be transparently measured;
Amendment 59 #
2011/2320(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the European Council to make tackling youth unemployment a priority and on Member States to develop comprehensive strategies for young people who are not in employment, education or training; calls on Member States to introduce a Youth Guarantee, securing the right of everat as many young persons in the EU to bas possible are offered a job, an apprenticeship, additional training or combined work and training after a maximum period of 4 months' unemployment; encourages Member States to promote entrepreneurship among young persons and develop schemes supporting young entrepreneurs; stresses the importance of reducing precarious employment among young people;
Amendment 64 #
2011/2320(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the European Council to address the issue of the "skills gap" by adopting the education and training systems to the needs of the labour market and facilitating the transition of graduates from school to workplace;
Amendment 87 #
2011/2320(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States to support longer working live and create working conditions that enable older workers who so choose to participate and remain in the labour market, by combating age discrimination, replacing incentives for older workers to leave the labour market with incentives for an inclusive labour market and adapting working conditions to the needs of older workers, such as putting in place the right to flexible working time and place of work, the right to training and the right to a flexible exit into retirement;
Amendment 91 #
2011/2320(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls on Member States to take steps and remove all the existing legal and administrative barriers that hamper the free movement of workers within the European Union;
Amendment 95 #
2011/2320(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to invest in education, training, lifelong learning and informal and non-formal learning,not only through formal learning, but also through development of non-formal and informal learning, which lead to higher growth potential and warns of the long- term social and economic costs of cuts in education budgets;
Amendment 104 #
2011/2320(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Encourages vigorous implementation of the National Qualifications Framework as tools promoting development of lifelong learning;
Amendment 64 #
2011/2191(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Invites the Government to further encourage the return of refugees and improvement of their living and working conditions by seeking effective and sustainable ways of implementing housing, employment and social measures and any other social and economic recovery projects in a manner coherent with other social and employment programmes;
Amendment 84 #
2011/2191(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Croatian authorities to pursue further efforts to reform Croatia’s social system in order to improve its cost- effectiveness and secure sustainability of public finances;
Amendment 88 #
2011/2191(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Recognises the right of Member States to introduce transitional provisions concerning the access of Croatian workers to their labour markets but calls on Member States to base such decisions and any extension of transitional periods on facts and only in the situation of a real threat of serious disturbances of national labour markets; at the same time, encourages Member States to consider refraining from introducing transitional periods in order to secure greater freedom of movement of Croatian workers or even free labour market access;
Amendment 279 #
2011/2071(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 4 #
2011/2024(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the free movement of persons and of workers is one of the key benefits of European integration and an important factor of the European economy;
Amendment 60 #
2011/2024(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Supports the idea of an European professional card which would enable a fast-track recognition process of professional qualifications and therefore improve mobility on the labour market; at the same time, looks forward to receiving conclusions from the Steering Group on the professional card that was set up to analyse in detail the implementation of such a card;
Amendment 67 #
2011/2024(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. CBelieves that systematic language testing should not act as a burden for foreign professionals to access labour markets therefore calls for a pragmatic approach to language tests, where registration is possible without proof of language but are permitted upon an offer of employment; at the same time, believes that further consideration should be given to language rules applicable to health professionals who have direct contact with patients;
Amendment 71 #
2011/2024(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Supports initiatives that aim at adopting training systems to current labour market requirements, scientific and technical progress, clarifying and unifying minimum education and training requirements as well as improving the system of notification and insertion of new specialities into the Directive;
Amendment 72 #
2011/2024(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Believes that it is crucial to better prepare graduates to respond to requirements of labour markets, therefore supports the idea of extending the benefits of the Directive to graduates who wish to complete a period of remunerated supervised practical experience in the profession abroad;
Amendment 76 #
2011/2024(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for general simplification and improvement of effectiveness of the administrative processes involved and for a reduction of the costs at all levels including those incurred by professionals;
Amendment 3 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘"usual residence’" shall means the same as in Article 2(d) first paragraph of Regulation (EC) No 763/2008. place where a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holidays, visits to friends and relatives, business, medical treatment or religious pilgrimage.The following persons alone shall be considered to be usual residents of the geographical area in question:
Amendment 4 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – paragraph 2
Article 2 – paragraph 1 – point d – paragraph 2
Where the circumstances described in point (i) or (ii) cannot be established, "usual residence" shall mean the place of legal or registered residence. In applying the definition of ‘usual residence’, Member States shall treat special cases as in the Annex to Commission Regulation (EC) No 1201/2009.
Amendment 8 #
2011/0440(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end of the reference year. For the purposes of this Article, Member States shall not provide data on population at their place of legal or registered residence at the reference time.
Amendment 33 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘usual residence’ shall means the same as in Article 2(d) first paragraph of Regulation (EC) No 763/2008place where a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holidays, visits to friends and relatives, business, medical treatment or religious pilgrimage. The following persons alone shall be considered to be usual residents of the geographical area in question:
Amendment 36 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – subparagraph 2
Article 2 – paragraph 1 – point d – subparagraph 2
Where the circumstances described in point (i) or (ii) cannot be established, "usual residence" shall mean the place of legal or registered residence; In applying the definition of ‘usual residence’, Member States shall treat special cases as in the Annex to Commission Regulation (EC) No 1201/2009.
Amendment 49 #
2011/0440(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end of the reference year. For the purposes of this Article, Member States shall not provide data on population at their place of legal or registered residence at the reference time.
Amendment 30 #
2011/0435(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 103 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2005/36/EC
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 128 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Directive 2005/36/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 139 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point a a (new)
Article 1 – paragraph 1 – point 23 – point a a (new)
Directive 2005/36/EC
Article 33 – paragraph 2
Article 33 – paragraph 2
(aa) Paragraph 2 is deleted.
Amendment 144 #
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 51 #
2011/0386(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Treaty requires that Member States' regard their economic policies as a matter of common concern and that their budgetary policies are guided by the need for sound public finances and that their economic policies do not risk jeopardising the proper functioning of Eeconomic and Mmonetary Unionunion and of the Union as a whole.
Amendment 96 #
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 spill-overs from their budgetary 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 spill-over effects, so as to give the possibility for an assessment of possible impact for the euro area as a wholeall Member States. 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 in the budgetary area 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 139 #
2011/0386(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Draft budget laws for the gcenetral government shall be made public annually no later than 15 October together with the independent macroeconomic forecasts on which they are based.
Amendment 142 #
2011/0386(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Budget laws for the gcenetral government shall be adopted and made public annually no later than 31 December.
Amendment 174 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) the targeted budget balance for the gcenetral government as a percentage of Gross Domestic Product (GDP), broken down by sub-sector of gcenetral government;
Amendment 176 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
(b) the projections at unchanged policies for expenditure and revenue as a percentage of GDP for the gcenetral government and their main components.;
Amendment 178 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point c
Article 5 – paragraph 3 – point c
(c) the targeted expenditure and revenue as a percentage of GDP for the gcenetral government and their main components, taking into account the conditions and criteria to establish the growth path of government expenditure net of discretionary revenue measures under Article 5(1) of Regulation (EC) No 1466/97;
Amendment 230 #
2011/0386(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The EurogroupMember States 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 54 #
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 should be enshrined in Union law. The economic and financial integration of theall Member States, in particular those 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 61 #
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 economic, fiscal and financial situation and a regular reporting to the Economic and Financial Committee (EFC) or to any sub- committee the latter 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 78 #
2011/0385(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 41 #
2011/0302(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Experience with the current financial framework shows that many Member States, which are eligible to the Cohesion Fund, are facing significant obstacles in delivering on time complex cross-border transport infrastructure projects with a high Union added value. Therefore, in order to improve the delivery of transport projects, in particular cross-border ones, with a high Union added value, part of the Cohesion Fund allocation (EUR 10 billion) should be transferred to finance transport projects on the transport core network in the Member States eligible to the Cohesion Fund under the Connecting Europe Facilityrespecting national allocations for the projects listed in the Annex of this Regulation. The Commission should support Member States eligible to the Cohesion Fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the Cohesion Fund.
Amendment 80 #
2011/0302(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) transport: EUR 31 694 000 000, out of which EUR 10 000 000 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation in Member States eligible for funding from the Cohesion Fundfor projects listed in the Annex to this Regulation, respecting the national allocations;
Amendment 141 #
2011/0276(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 2 – point 10
Part 1 – article 2 – paragraph 2 – point 10
(10) ‘State aid’ means aid falling under Article 107(1) of the Treaty which shall be deemed for the purposes of this Regulation also to include de minimis aid within the meaning of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, Commission Regulation (EC) No 1535/2007 of 20 December 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the sector of agricultural production and Commission Regulation (EC) No 875/2007 of 24 July 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector and amending Regulation (EC) No 1860/2004; , Commission Regulation (EC) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest1, as well as aid in the form of public services granted to certain undertakings entrusted with the operation of services of general economic interest within the meaning of the Commission Decision of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest2. 1 OJ L 114, 26.4.2012, p. 8. 2 OJ L 7, 11.1.2012, p. 3.
Amendment 185 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 9
Part 2 – article 9 – paragraph 1 – point 9
(9) promoting active social inclusion and combating poverty;
Amendment 254 #
Amendment 347 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 55 – paragraph 6
Part 2 – article 55 – paragraph 6
6. Net revenue directly generated by an operation during its implementation which has not been taken into account at the time of approval of the operation, shall be deducted from the eligible expenditure of the operation in the final payment claim submitted by the beneficiary. This rule shall not apply to financial instrumentsprojects whose value is less than 5000 EUR, to financial instruments, operations subject to the rules on State Aid, operations for which public support takes the form of lump sums or standard scale unit costs, operations implemented under a joint action plan and prizes.
Amendment 350 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 59 – paragraph 3 – point c
Part 2 – article 59 – paragraph 3 – point c
(c) value added tax. However, VAT amounts shall be eligible where they are not recoverable under national VAT legislation and are paid by a beneficiary other than non-taxable person as defined in the first subparagraph of Article 13(1) of Directive 2006/112/EC, provided that such VAT amounts are not incurred in relation to the provision of infrastructure which is recoverable under national VAT legislation.
Amendment 373 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 3
Part 3 – article 84 – paragraph 3
3. At least 250 % of the Structural Funds resources for less developed regions and for regions whose GDP per capita for the 2007-2013 period was less than 75% of the average GDP of the EU-25 but which are now eligible under the transition or more developed regions category, 40% for transition regions and 52% for more developed regions in each Member State shall be allocated to the ESF. For the purposes of this provision, the support to a Member State through the [Food for deprived people instrument] shall be considered as part of the share of Structural Funds allocated to the ESF.
Amendment 374 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 4
Part 3 – article 84 – paragraph 4
Amendment 384 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 85 – paragraph 2
Part 3 – article 85 – paragraph 2
2. By way of derogation from paragraph 1, the Commission may accept, in duly justified circumstances which are linked to the implementation of one or more thematic objectives, a proposal by a Member State in its first submission of the Partnership Contract to transfer up to 25% of the total appropriation for a category of regions to other categories of regions.
Amendment 389 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1
Part 3 – article 87 – paragraph 1
1. An operational programme shall consist of priority axes. A priority axis shall concern one Fund for a category of region and shall correspond, without prejudice to Article 52, to a thematic objective and comprise one or more investment priorities of that thematic objective, in accordance with the Fund- specific rules. For the ESF, a priority axis may combine investment priorities from different thematic objectives set out in Article 9(8), (9), (10) and (11) in order to facilitate their contribution to other priority axes, in duly justified circumstancesIn duly justified circumstances, a priority axis may concern more categories of regions or combine one or more complementary investment priorities from different thematic objectives and Funds, where necessary to increase effectiveness and to better meet targets of the Union strategy for smart, sustainable and inclusive growth.
Amendment 423 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 88 – paragraph 2
Part 3 – article 88 – paragraph 2
2. The ERDF and the ESF may finance, in a complementary manner and subject to a limit of 510 % of Union funding for each priority axis of an operational programme, a part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it.
Amendment 464 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
(d) 785% for the less developed regions of Member States other than those referred to in points (b) and (c), and for all regions whose GDP per capita for the 2007-2013 period was less than 75% of the average of the EU-25 for the reference period but whose GDP per capita is above 75% of the GDP average of the EU-27;
Amendment 465 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 2
Part 3 – article 110 – paragraph 3 – subparagraph 2
The co-financing rate at the level of each priority axis of operational programmes under the European territorial cooperation goal shall be no higher than 785%.
Amendment 479 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 127 – paragraph 1 – subparagraph 1
Part 3 – article 127 – paragraph 1 – subparagraph 1
The Commission shall decommit any part of the amount calculated in accordance with the second subparagraph in an operational programme that has not been used for payment of the initial and annual pre-financing, interim payments and annual balance by 31 December of the seconthird financial year following the year of budget commitment under the operational programme or for which a payment application drawn up in accordance with Article 121 has not been submitted in accordance with Article 126.
Amendment 487 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 137 – paragraph 4 a (new)
Part 3 – article 137 – paragraph 4 a (new)
4 a. In case of an agreement, the Member State may reuse the Union funds concerned in conformity with the Article 135 (3).
Amendment 488 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 137 – paragraph 5
Part 3 – article 137 – paragraph 5
5. In absence of an agreement and in order to apply financial corrections the Commission shall take a decision, by means of implementing acts, within six months of the date of the hearing, or of the date of receipt of additional information where the Member State agrees to submit such additional information following the hearing. The Commission shall take account of all information and observations submitted during the course of the procedure. If no hearing takes place, the six month period shall begin to run two months after the date of the letter of invitation to the hearing sent by the Commission.
Amendment 489 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 137 – paragraph 6
Part 3 – article 137 – paragraph 6
Amendment 51 #
2011/0268(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The ESF should improve employment opportunities, support the creation of sustainable and quality jobs, promote education and life- long learning and develop active inclusion policies in accordance with the tasks entrusted to the ESF by Article 162 of the Treaty, and thereby contribute to economic, social and territorial cohesion in accordance with Article 174 of the Treaty. In accordance with Article 9 of the Treaty, the ESF should 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 69 #
2011/0268(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The European Union is confronted with structural and demographic challenges arising from economic globalisation, technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions. They have been compounded by the recent economic and financial crisis, which has resulted in increased levels of unemployment, hitting in particular young people and other vulnerable groups, such as migrants. The ESF should aim to promote and create employment and support labour mobility, invest in education, skills and life-long learning, promote social inclusion and combat poverty. In promoting the better functioning of labour markets by enhancing the transnational geographical mobility of workers, the ESF should, in particular,may support European Employment Services (EURES activities) in relation to recruitment and the related information, advice and guidance services at national and cross-border level. The European Commission should systematically monitor EURES activities and publish the results.
Amendment 79 #
2011/0268(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) At the same time, it is crucial to support the development and, competitiveness and pan- European mobility of European small and medium-sized enterprises and to ensure that people can adapt, through acquiring appropriate skills and through lifelong learning opportunities, to changing economic and social conditions as well as new challenges such as the shift to a knowledge-based economy, the digital agenda, and the transition to a low-carbon and more energy-efficient economy. By pursuing its primary thematic objectives, the ESF should contribute to addressing these challenges. In this context, the ESF should support the labour force transition towards greener skills and jobs, in particular in the energy efficiency, renewable energy and sustainable transport sectors, taking into account the Union's intention to increase the proportion of the EU budget that is related to climate mainstreaming to at least 20%, with contributions from different policy fields.
Amendment 84 #
2011/0268(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The ESF should contribute to the Europe 2020 Strategy, ensuring greater concentration of support on the priorities of the European Union. The ESF should in particular increase its support for the active fight against social exclusion and poverty, through a minimum ring-fenced allocation. According to the level of development of the supported regions, the choice and number of investment priorities for ESF support should also be limited.
Amendment 99 #
2011/0268(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Taking into consideration the fact that in order to assure employment and social cohesion an integrated and holistic approach is needed, the ESF should support cross-sectoral and transnational cooperation and territorial- based partnerships.
Amendment 121 #
2011/0268(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Member States and regions should be encouraged to leverage the ESF through financial instruments in order to support for example studentemployability, especially among young persons, job creation, and mobility of workers, social inclusion and social entrepreneurship.
Amendment 124 #
2011/0268(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Taking into account that social innovation is a subject of different programmes, measures should be put in place to avoid overlapping or double- financing of the same activities and initiatives. In addition, since some activities carried out under ESF under shared management partially overlap with those of the Programme for Social Change and Innovation, which is under direct management, measures should be put in place not to duplicate or double- finance activities falling under different management modes.
Amendment 153 #
2011/0268(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The ESF shall benefit people, including disadvantaged groups such as the long- term unemployed, youth and low-skilled workers, people with disabilities, migrants, ethnic minorities, marginalised communities and people facing social exclusion. The ESF shall also provide support to enterprises, systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms, in particular in the fields of employment, education and social policies.
Amendment 169 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point i
Article 3 – paragraph 1 – point a – point i
(i) Access to employment and employment services for job-seekers and inactive people, including local employment initiatives and support for labour mobility;
Amendment 180 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point iv
Article 3 – paragraph 1 – point a – point iv
(iv) Equality between men and women and rReconciliation between work and private life and equality between men and women;
Amendment 202 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point vii a (new)
Article 3 – paragraph 1 – point a – point vii a (new)
(viia) Support the employment of persons in a disadvantaged situation on the labour market, in particular persons with disabilities.
Amendment 292 #
2011/0268(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that the strategy and actions set out in the Operational Programmes are consistent and focused on addressing the challenges identified in the National Reform Programmes and the relevant Council Recommendations made under Article 148(4) of the Treaty, in order to contribute to achieving the headline targets of the Europe 2020 strategy on employment, education and poverty reduction and fulfilling the mission of the fund as outlined in article 2.
Amendment 297 #
2011/0268(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. At least 20 % of the total ESF resources in each Member State shall be allocated to the thematic objective "actively promoting social inclusion and combating poverty" set out in Article 9(9) of Regulation (EU) No […]. By way of derogation, in duly justified cases, the investment priorities referred to in Article 5(9)(a) to (c) of Regulation (EU) No [...] [ERDF] shall be included in that 20% of total ESF resources.
Amendment 312 #
2011/0268(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) For less developed regions and for the regions whose GDP per capita for the 2007- 2013 period was less than 75% of the average GDP of the EU- 25 but which are now eligible under the transition or more developed regions categories, Member States shall concentrate 60 % of the ESF allocation to each operational programme on up to fourive of the investment priorities set out in Article 3(1).
Amendment 380 #
2011/0268(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. By way of derogation from Article 87(1) of Regulation (EU) No […], operational programmes may set out priority axes for the implementation of social innovation and transnational cooperation as referred to in Articles 9 and 10. By way of derogation from Article 4(2) and (3), priority axes wholly dedicated, under operational programmes, to social innovation or to transnational cooperation, or to a combination of both, shall not be included in the total ESF resources in each Member State, as referred to in Article 4(2), or in the allocation for each operational programme, as referred to in Article 4(3).
Amendment 388 #
2011/0268(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The ESF mayshall, in particular support community-led local development strategies, as referred to in Article 28 of Regulation (EU) No […...], territorial pacts and local initiatives for employment, education and social inclusion, as well as Integrated Territorial Investments (ITI) as referred to in Article 99 of Regulation (EU) No […...].
Amendment 406 #
2011/0268(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 457 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – point i (new)
Annex 1 – point 4 – point 3 – point i (new)
(i) participants who became independent from benefits
Amendment 58 #
2011/0217(COD)
Proposal for a decision
Recital 13
Recital 13
(13) In particular, Union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the Union rules on coordination of social security systems; these rules ensure that they will not lose out on their social security rights when choosing to move within Europe. They should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the European framework of ‘Key Competences for lifelong learning’ and which can equip them to fully participate in civic life and empower them to exercise their rights under Union law. Citizens should also be informed about the new possibilities for the recognition of qualifications they have acquired, via reference to national and European qualifications frameworks. This fosters personal development and enhances citizens’ prospects and opportunities for mobility, both in education and on the labour market.
Amendment 28 #
2011/0092(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) Taxation related to CO2 emissions can be a cost-effective means for Member States to achieve the reductions of greenhouse gasses necessary according to Decision 406/2009/EC of the European Parliament and the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Union's greenhouse gas emission reduction commitments up to 2020 as regards sources not covered by the Union scheme under Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC. In view of the potential role of CO2-related taxation, the proper functioning of the internal market requires common rules on that taxation.
Amendment 29 #
2011/0092(CNS)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be borne in mind, however, that the Member States’ economies vary where the energy mix is concerned, and that the process of cutting greenhouse gas emissions ought to be supported in line with the principle of fiscal neutrality, ensuring that it does not adversely affect the competitiveness of the economies concerned. This Directive takes account of the fact that many Member States are currently developing long-term, optimum energy mix strategies enabling them, for example, to move towards low-emissions economies, which, in turn, will allow them to meet the climate challenges set by EU law. Given the legitimate social and economic interests involved, the Member States ought to be given a free hand when it comes to applying taxation relating to CO2 emissions. Giving the Member States such discretion means that they have freedom of choice/optionality with regard to the use of an emissions component in setting the tax rate for energy products and electricity.
Amendment 30 #
2011/0092(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) Member States should, however, also be able, as hitherto, to use energy taxation on heating fuels, motor fuels and electricity for a variety of purposes not necessarily nor specifically or exclusively related to the reduction of greenhouse gases.
Amendment 33 #
2011/0092(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, provision should be made for energy taxation to consist of one or two components, CO2-related taxation and i.e. compulsory general energy consumption taxation. In order for energy taxation to adapt to the operation of the Union scheme under Directive 2003/87/EC Member States should be required to explicitly distinguish between those two components. This would also allow distinct treatment of fuels that are biomass or made from biomass and, as optional, CO2-related taxation.
Amendment 39 #
2011/0092(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) Each of those components should be calculated on the basis of objective criteria, allowing for equal treatment of different energy sources. For the purposes of optional CO2- related taxation, reference should be made to CO2-emissions caused by the use of each energy product concerned, using the reference CO2 emission factors set out in Commission Decision 2007/589/EC of 18 July 2007 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council. For the purposes of general energy consumption taxation, reference should be made to the energy content of the various energy products and of electricity as referred to in Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC. In this context, account should be taken of the environmental advantages of biomass or products made of biomass. These products should be taxed on the basis of the CO2 emission factors specified in Decision 2007/589/EC for biomass or products made of biomass and of their energy content as specified in Annex III to Directive 2009/28/EC. Biofuels and bioliquids defined in Article 2(h) and (i) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources are by far the most important category concerned. Since the environmental advantages of these products vary, depending on whether they comply with the sustainability criteria laid down in Article 17 of that Directive, the specific reference values for biomass and products made of biomass should only apply where these criteria are met.
Amendment 42 #
2011/0092(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) CO2-related taxation should be adapted to the operation of Directive 2003/87/EC so as to complement it effectively. That optional taxation should apply to all uses, including those for purposes other than heating, of energy products causing CO2 emissions in installations within the meaning of that Directive, provided that the installation concerned is not subject to the emission trading scheme under that Directive. However, since the cumulative application of both instruments would not allow emission reductions beyond those attained, overall, through the emission trading scheme alone, but would merely increase the total cost of these reductions, CO2 related taxation should not apply to consumption in installations subject to the Union scheme.
Amendment 43 #
2011/0092(CNS)
Proposal for a directive
Recital 8
Recital 8
Amendment 48 #
2011/0092(CNS)
Proposal for a directive
Recital 9
Recital 9
Amendment 52 #
2011/0092(CNS)
Proposal for a directive
Recital 11
Recital 11
Amendment 70 #
2011/0092(CNS)
Proposal for a directive
Recital 14
Recital 14
(14) There is a need to limit the potential cost impact of optional CO2-related taxation on the sectors or sub-sectors deemed to be exposed to a significant risk of carbon leakage in the meaning of Article 10a(13) of Directive 2003/87/EC. Accordingly, it is appropriate to provide for corresponding transitional measures which, however, should also preserve the environmental effectiveness of CO2- related taxation.
Amendment 72 #
2011/0092(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Article 5 of Directive 2003/96/EC permits the application of differentiated rates of taxation in certain cases. However, in order to ensure the consistency of the CO2 price signal, the possibility for Member States to differentiate national rates should be restricted to general energy consumption taxation. Moreover, the possibility to apply a lower level of taxation to motor fuel used by taxis is no longer compatible with the objective of policies promoting alternative fuels and energy carriers and the use of cleaner vehicles in urban transport and should thus be removed.
Amendment 80 #
2011/0092(CNS)
Proposal for a directive
Recital 18
Recital 18
Amendment 90 #
2011/0092(CNS)
Proposal for a directive
Recital 20
Recital 20
(20) Article 15(3) of Directive 2003/96/EC allows Member States to apply to agricultural, horticultural and piscicultural works as well as to forestry not only the provisions generally applicable to business uses but also a level of taxation down to zero. An examination of that option has revealed that as far as general energy consumption taxation is concerned its maintenance would be contrary to the Union's wider policy objectives unless it is linked to a counterpart ensuring advances in the field of energy efficiency. As regards optional CO2 related taxation the treatment of the sectors concerned should be aligned to the rules applying to industrial sectors.
Amendment 94 #
2011/0092(CNS)
Proposal for a directive
Recital 22
Recital 22
(22) In the absence of a more far-reaching harmonisation in the area of heating fuels used for business purposes, Member States with levels of taxation above the minimum levels prescribed in that area should continue to be able to provide for certain reductions. The applicable conditions should distinguish between general energy consumption taxation and CO2- related taxation, since those two elements pursue different objectives. Furthermore, it should be made clear that references to tradable permit schemes in Article 17 of Directive 2003/96/EC do not include the Union scheme under Directive 2003/87/EC.
Amendment 102 #
2011/0092(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Every five years and for the first time by the end of 2015, the Commission should report to the Council on the application of this Directive, examining in particular the minimum level of optional CO2-related taxation in the light of the evolution of the market price in the EU of the emission allowances, the impact of innovation and technological developments and the justification for the tax exemptions and reductions laid down in this Directive, including for fuel used for the purpose of air and maritime navigation. The list of sectors or sub-sectors deemed to be exposed to a significant risk of carbon leakage shall be the subject of regular review, in particular taking into account the availability of emerging evidence.
Amendment 108 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2003/96/EC
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
2. Member States shallmay distinguish between CO2-related taxation and general energy consumptiontwo different components of taxation: compulsory general energy consumption taxation and optional CO2-related taxation.
Amendment 112 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2003/96/EC
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 115 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2003/96/EC
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Unless otherwise specified, the provisions of this Directive shall apply both to CO2-related taxation and to general energy consumption taxation and to CO2-related taxation, if such taxation component has been introduced by a Member State.
Amendment 118 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2003/96/EC
Article 2 – paragraph 4 – subparagraph 1
Article 2 – paragraph 4 – subparagraph 1
Optional CO2-related taxation shall, subject to Article 14(1)(d) of this Directive, apply to uses of energy products giving rise to carbon dioxide emissions from installations as defined in Article 3(e) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, whether or not those installations reach the threshold values indicated in Annex I to that Directive.
Amendment 122 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2003/96/EC
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) as regards optional CO2-related taxation, in accordance with the second subparagraph of Article 1(2), at the time of release for consumption;
Amendment 124 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2003/96/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 137 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2003/96/EC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
Amendment 163 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 11 – point a – point iii
Article 1 – point 11 – point a – point iii
Directive 2003/96/EC
Article 14 – paragraph 1– point d
Article 14 – paragraph 1– point d
(d) as regards optional CO2-related taxation, energy products used for activities subject to, and not excluded from, the Union scheme within the meaning of Directive 2003/87/EC;
Amendment 171 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2003/96/EC
Article 14a – paragraph 1
Article 14a – paragraph 1
1. Until 31 December 2020, Member States shall provide a credit concerning optional CO2- related taxation with respect to the use of energy products by installations belonging to sectors or sub-sectors deemed to be exposed to a significant risk of carbon leakage.
Amendment 179 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 2003/96/EC
Article 15 – paragraph 1 – point i
Article 15 – paragraph 1 – point i
Amendment 197 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 14
Article 1 – point 14
Directive 2003/96/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Provided the minimum levels of taxation prescribed in this Directive are respected on average for each business, Member States may apply tax reductions from optional CO2- related taxation to energy products used for heating purposes or for the purposes of Article 8(2)(b) and (c) where agreements are concluded with business entities as referred to in Article 11 or associations of such business entities, or where tradable permit schemes or equivalent measures are implemented, as far as they lead to objectives concerning the reduction of CO2 emissions.
Amendment 198 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 14
Article 1 – point 14
Directive 2003/96/EC
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 42 #
2011/0058(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Since differences in rates of taxation do not give rise to the same obstacles, the system (the Common Consolidated Corporate Tax Base (CCCTB)) need not affect the discretion of Member States regarding their national rate(s) of company taxation.
Amendment 47 #
2011/0058(CNS)
Proposal for a directive
Recital 6
Recital 6
Amendment 51 #
2011/0058(CNS)
Proposal for a directive
Recital 7
Recital 7
Amendment 55 #
2011/0058(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) Since such a system is primarily designed to serve the needs of companies that operate across borders, it should be an optional scheme, accompanying the existing national corporate tax systems. However, when reviewing this Directive, special consideration should be given to introduction of an obligatory system of Common Corporate Tax Base.
Amendment 60 #
2011/0058(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) The system (the Common Consolidated Corporate Tax Base (CCCTB)) should consist in a set of common rules for computing the tax base of companies without prejudice to the rules laid down in Council Directives 78/660/EEC and 83/349/EEC and Regulation of the European Parliament and of the Council 1606/2002/EC.
Amendment 71 #
2011/0058(CNS)
Proposal for a directive
Recital 16
Recital 16
Amendment 75 #
2011/0058(CNS)
Proposal for a directive
Recital 17
Recital 17
Amendment 78 #
2011/0058(CNS)
Proposal for a directive
Recital 21
Recital 21
Amendment 101 #
2011/0058(CNS)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 103 #
2011/0058(CNS)
Proposal for a directive
Article 3
Article 3
Amendment 110 #
2011/0058(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Amendment 115 #
2011/0058(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
Amendment 116 #
2011/0058(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 7
Article 4 – paragraph 1 – point 7
Amendment 117 #
2011/0058(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
Amendment 118 #
2011/0058(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 12
Article 4 – paragraph 1 – point 12
Amendment 120 #
2011/0058(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 21
Article 4 – paragraph 1 – point 21
Amendment 122 #
2011/0058(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 22
Article 4 – paragraph 1 – point 22
Amendment 123 #
2011/0058(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 23
Article 4 – paragraph 1 – point 23
Amendment 208 #
2011/0058(CNS)
Proposal for a directive
Article 54
Article 54
Amendment 209 #
2011/0058(CNS)
Proposal for a directive
Article 54 – paragraph 1
Article 54 – paragraph 1
Amendment 215 #
2011/0058(CNS)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 218 #
2011/0058(CNS)
Proposal for a directive
Article 55
Article 55
Amendment 219 #
2011/0058(CNS)
Proposal for a directive
Article 56
Article 56
Amendment 220 #
2011/0058(CNS)
Proposal for a directive
Article 57
Article 57
Amendment 226 #
2011/0058(CNS)
Proposal for a directive
Article 58
Article 58
Amendment 229 #
2011/0058(CNS)
Proposal for a directive
Article 59
Article 59
Amendment 232 #
2011/0058(CNS)
Proposal for a directive
Article 60
Article 60
Amendment 233 #
2011/0058(CNS)
Proposal for a directive
Article 61
Article 61
Amendment 234 #
2011/0058(CNS)
Proposal for a directive
Article 62
Article 62
Amendment 235 #
2011/0058(CNS)
Proposal for a directive
Article 63
Article 63
Amendment 236 #
2011/0058(CNS)
Proposal for a directive
Article 64
Article 64
Amendment 237 #
2011/0058(CNS)
Proposal for a directive
Article 65
Article 65
Amendment 238 #
2011/0058(CNS)
Proposal for a directive
Article 66
Article 66
Amendment 243 #
2011/0058(CNS)
Proposal for a directive
Article 67
Article 67
Amendment 244 #
2011/0058(CNS)
Proposal for a directive
Article 68
Article 68
Amendment 246 #
2011/0058(CNS)
Proposal for a directive
Article 69
Article 69
Amendment 247 #
2011/0058(CNS)
Proposal for a directive
Article 70
Article 70
Amendment 248 #
2011/0058(CNS)
Proposal for a directive
Article 71
Article 71
Amendment 250 #
2011/0058(CNS)
Proposal for a directive
Article 72
Article 72
Amendment 253 #
2011/0058(CNS)
Proposal for a directive
Article 73
Article 73
Amendment 259 #
2011/0058(CNS)
Proposal for a directive
Article 74
Article 74
Amendment 261 #
2011/0058(CNS)
Proposal for a directive
Article 75
Article 75
Amendment 265 #
2011/0058(CNS)
Proposal for a directive
Article 76
Article 76
Amendment 269 #
2011/0058(CNS)
Proposal for a directive
Article 77
Article 77
Amendment 286 #
2011/0058(CNS)
Proposal for a directive
Article 86
Article 86
Amendment 292 #
2011/0058(CNS)
Proposal for a directive
Article 87
Article 87
Amendment 293 #
2011/0058(CNS)
Proposal for a directive
Article 88
Article 88
Amendment 294 #
2011/0058(CNS)
Proposal for a directive
Article 89
Article 89
Amendment 295 #
2011/0058(CNS)
Proposal for a directive
Article 90
Article 90
Amendment 299 #
2011/0058(CNS)
Proposal for a directive
Article 91
Article 91
Amendment 304 #
2011/0058(CNS)
Proposal for a directive
Article 92
Article 92
Amendment 305 #
2011/0058(CNS)
Proposal for a directive
Article 93
Article 93
Amendment 306 #
2011/0058(CNS)
Proposal for a directive
Article 94
Article 94
Amendment 310 #
2011/0058(CNS)
Proposal for a directive
Article 95
Article 95
Amendment 312 #
2011/0058(CNS)
Proposal for a directive
Article 96
Article 96
Amendment 313 #
2011/0058(CNS)
Proposal for a directive
Article 97
Article 97
Amendment 315 #
2011/0058(CNS)
Proposal for a directive
Article 98
Article 98
Amendment 316 #
2011/0058(CNS)
Proposal for a directive
Article 99
Article 99
Amendment 317 #
2011/0058(CNS)
Proposal for a directive
Article 100
Article 100
Amendment 318 #
2011/0058(CNS)
Proposal for a directive
Article 101
Article 101
Amendment 319 #
2011/0058(CNS)
Proposal for a directive
Article 102
Article 102
Amendment 320 #
2011/0058(CNS)
Proposal for a directive
Article 103
Article 103
Amendment 324 #
2011/0058(CNS)
Proposal for a directive
Article 104
Article 104
Amendment 337 #
2011/0058(CNS)
Proposal for a directive
Article 105
Article 105
Amendment 348 #
2011/0058(CNS)
Proposal for a directive
Article 106
Article 106
Amendment 362 #
2011/0058(CNS)
Proposal for a directive
Article 107
Article 107
Amendment 368 #
2011/0058(CNS)
Proposal for a directive
Article 108
Article 108
Amendment 371 #
2011/0058(CNS)
Proposal for a directive
Article 109
Article 109
Amendment 372 #
2011/0058(CNS)
Proposal for a directive
Article 110
Article 110
Amendment 374 #
2011/0058(CNS)
Proposal for a directive
Article 111
Article 111
Amendment 375 #
2011/0058(CNS)
Proposal for a directive
Article 112
Article 112
Amendment 376 #
2011/0058(CNS)
Proposal for a directive
Article 113
Article 113
Amendment 377 #
2011/0058(CNS)
Proposal for a directive
Article 114
Article 114
Amendment 378 #
2011/0058(CNS)
Proposal for a directive
Article 115
Article 115
Amendment 382 #
2011/0058(CNS)
Proposal for a directive
Article 116
Article 116
Amendment 384 #
2011/0058(CNS)
Proposal for a directive
Article 117
Article 117
Amendment 385 #
2011/0058(CNS)
Proposal for a directive
Article 118
Article 118
Amendment 386 #
2011/0058(CNS)
Proposal for a directive
Article 119
Article 119
Amendment 387 #
2011/0058(CNS)
Proposal for a directive
Article 120
Article 120
Amendment 388 #
2011/0058(CNS)
Proposal for a directive
Article 121
Article 121
Amendment 389 #
2011/0058(CNS)
Proposal for a directive
Article 122
Article 122
Amendment 392 #
2011/0058(CNS)
Proposal for a directive
Article 123
Article 123
Amendment 395 #
2011/0058(CNS)
Proposal for a directive
Article 124
Article 124
Amendment 399 #
2011/0058(CNS)
Proposal for a directive
Article 125
Article 125
Amendment 400 #
2011/0058(CNS)
Proposal for a directive
Article 126
Article 126
Amendment 417 #
2011/0058(CNS)
Proposal for a directive
Article 133 – paragraph 1
Article 133 – paragraph 1
The Commission shall, five years after the entry into force of this Directive, review its application and report to the Council on the operation of this Directive. The report shall in particular include an analysis of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States. When reviewing this Directive, consideration should be in particular given to introduction of an obligatory system of Common Corporate Tax Base.
Amendment 89 #
2010/2307(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that the European and National Qualifications Framework should support smoother transition from education to the labour market;
Amendment 20 #
2010/2305(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and Member States to ensure that the future ESF reflects the specificities and needs of Member States and regions especially with regards to needs of local labour markets and to a need to create and improve entrepreneurship;
Amendment 26 #
2010/2305(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to involve the social partnand business partners, academia, NGOs and other relevant stakeholders at national and local levels in order to better identify the needs of the labour market;
Amendment 50 #
2010/2305(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to review the level of co-financing, to reflect better the level of developmentabsorption capacities and development opportunities of beneficiaries; calls on the Member States to create mechanisms for helping the small beneficiaries preparing for applications and during the period of implementation;
Amendment 1 #
2010/2239(INI)
Draft opinion
Paragraph - 1 a (new)
Paragraph - 1 a (new)
-1a. Welcomes the publication of the Green Book towards adequate, sustainable and safe European pension systems; recognises that a wide debate on the future of pension systems in Europe is of vital importance and should take into account current economic and demographic situation, completion of the Single Market, reform of the economic governance as well as recently established European supervisory architecture;
Amendment 4 #
2010/2239(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that both the Broad Economic Policy Guidelines and the Stability and Growth Pact refer to age-related public expenditures; recognises that the correct inclusion of pension liabilities is onlyin public debt and deficit of public pension liabilities and assets in mandatory public systems, regardless whether they are managed by public or private entities, is one of many conditions for sustainability; requests that the economic governance reform takes this dimension duly into account;
Amendment 19 #
2010/2239(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Having in mind that a sustainable and well functioning pension system is extremely important to the stability of public finances, calls on the Commission to promote a system which would fairly take into account full costs of pension reforms when initiating decisions linked to the excessive deficit proceduresand the Council to recognise the problem of various Member States with excessive debts and deficits due to statistics used to calculate pension liabilities in their system of public finance; considers that the current reform of the Stability and Growth Pact can be completed successfully only if this fundamental inefficiency- affecting at least 9 Member States- is corrected by e.g. taking into account full costs of pension reforms when initiating decisions linked to the excessive deficit and debt procedure; expresses serious concerns that the current situation acts as a disincentive for introducing necessary reforms and that some Member States have or are considering to scale back their pension reforms in order to reduce government deficit;
Amendment 22 #
2010/2239(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that sustainable public finances require including the total of public and private debt in the assessment; recalls that pension savings are not only savings earmarked as pension; requests that the full scale of unfunded public sector pension liabilities is made transparent by including these in the government debt-to- GDP ratio;
Amendment 41 #
2010/2239(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Observes that pension reforms are necessary in the context of demographic ageing and the financial and economic crisis, but; notes at the same time that the first objectiensuring adequate retirement income for all is of great importance; underlines, however, that in order to achieve adequate pension levels the system must be safe and sustainable; at the same time, recalls that it is up to the Member States to set up a minimum level of a reform should be to ensure adequate retirement income for allpensions that relates to their standard of living and is affordable for their national public system; recalls that the application of an "one fits all approach" would require thorough studies on the practicability and consequent effects on Member States' pension systems;
Amendment 50 #
2010/2239(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 65 #
2010/2239(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recognises that there is no perfect pension system that take into account the specificities of all Member States, but is convinced that a balanced multi pillar system of public, work related and private as well as funded and unfunded schemes should be found; is of the opinion that each Member State should define a minimum target income level after retirement so as to avoid raising poverty among ageing population;
Amendment 70 #
2010/2239(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that the terminology used to define pension systems in various Member States is not the same (e.g. the classic three-pillar approach is not always valid); therefore calls on the Commission to make the necessary efforts to come up with a typology of pension systems in Member States as well as with a common set of definitions in order to make systems comparable;
Amendment 75 #
2010/2239(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Observes that even if more pension products exist on the market, not every European citizen has access to these; recognises the need to improve the access of people with lower income level to existing pension products;
Amendment 79 #
2010/2239(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that long-term investment in pension systems requires a positive approach as part of economic governance and more particularly in the Stability and Growth Pact; considers that the efforts made by countries to introduce pension reforms which resulted in an increase in their debt and deficits should be recognised and not penalised when assessing the stability of public finances in the short and long term;
Amendment 80 #
2010/2239(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Realises that workers generally do not work until their notional statutory retirement age; stresses that the firstone priority in reaching sustainability is to ensure workers‘ ability to work until that age by implementing adequate employment and social enhancing policies such as discouraging early retirement, introducing financial incentives, securing life long learning and adequate healthcare;
Amendment 85 #
2010/2239(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Believes that a higher level of employment is the best response to economic growth is a precondition to reach a higher level of employment thus ensureing the financial base of public pension schemes and; notes therefore that the EU should focus on the way to achieve a high level of participation in the labour market and a high employment rate; and sustainable economic growth and a high employment rate; therefore calls on the Commission and Member States to facilitate reforms of labour markets with the aim of factoring in flexicurity principles, modernise social protection systems and create the environment for companies to create jobs;
Amendment 93 #
2010/2239(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Considers that the increase in retirement age needs to be correlated with life expectancy and working conditions; believes that a clear communication by governments on such policy initiatives is vital and helps citizens to understand the need for reforms as well as which level of retirement income they may expect;
Amendment 112 #
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 very often because of shorter working careers, lower wages and a lower retirement age in some Member States, women have smaller pensions on average;
Amendment 113 #
2010/2239(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Observes that the implementation of the IORP Directive by Member States generally has been delayed; understands that Member States have had difficulty in incorporating these new rules and principles in their national system; therefore calls on the Commission to take the requisite action to accelerate the proper implementation of the Directive;
Amendment 124 #
2010/2239(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls that the IORP Directive is applicable only to occupational retirement schemes and should not apply to any public pension liabilities;
Amendment 125 #
2010/2239(INI)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Agrees that a high degree of security for future pensioners, at a reasonable cost for the sponsoring undertakings and in the context of sustainable pension systems, should be the goal;
Amendment 146 #
2010/2239(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Considers that principles of Solvency II iscould be a valuable starting point forcontribution when developing a solvency regime for IORPs; underlines that such a regime however bearing in mind that risks of the insurance sector are different from those faced by IORPs; notes, that any changes to the solvency regime for IORPs needs to be adapted to the specificities of pensions, in particular as regards the conditionality of pension rights, the duration of pension portfolios and the dedicated purpose vehicle operating a homogenous product portfolio; believes that a potential revision of solvency rules for IORPs should be carried out within the existing IORP Directive; in this regard, calls on the Commission to support the harmonization of tax system of pension fund products; at the same time, recalls that occupational pension systems in Member States vary to an even greater extent that public pension systems;
Amendment 161 #
2010/2239(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Considers the qualitative elements of Solvency II to be of great importancecould be adopted for their application to IORPs; notes that this applies in particular to requirements in relation to good risk management;
Amendment 167 #
2010/2239(INI)
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recalls that any proposals for new legislation or changes to current legislation should be subject to a thorough impact assessment process;
Amendment 168 #
2010/2239(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that, within the diversity of pension systems, the general systems (first pillar) combined with work-related systems (second pillar) afforddiversification of pension income from a mix of public, work-related and private, as well as funded and unfunded, schemes offers the best guarantee of adequate pension provision;
Amendment 169 #
2010/2239(INI)
Draft opinion
Paragraph 17
Paragraph 17
17. Is of the opinionRecalls that the newly established European Supervisory Authority (European Insurance and Occupational Pensions Authority) shoulmust make full use of its competences and play an important role in the development of a solvency regime for pension funds in general and IORPs more specificallying legal provisions with regards to IORPs such as a solvency regime;
Amendment 176 #
2010/2239(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Calls on the Commission to closely follow the implementation of this Directive, take action against Member States where justified and when reviewing the Directive to take account of the specific situation concerning the financing obligations of the employer vis- à-vis the employee or its pension fund; is of the opinion that as a principle employee's pension rights provided by employers should be fully funded and separated from that employer;
Amendment 192 #
2010/2239(INI)
Draft opinion
Paragraph 22
Paragraph 22
Amendment 201 #
2010/2239(INI)
Draft opinion
Paragraph 23
Paragraph 23
23. Recalls that President Barroso has put pensions as a priority already during his first term; is of the opinion that so far a coherent and comprehensive approach was lackingis needed; welcomes the Green Paper as a first step to such an approach; looks forward to concrete legislative proposals in the near future; recalls that any concrete legislative proposal needs to take due account of the principle of subsidiarity;
Amendment 205 #
2010/2239(INI)
Draft opinion
Paragraph 24
Paragraph 24
24. Calls on the Commission to organise itself with an increased focus on pensions byconsider setting up a special task force chaired by President Barossoon pensions, involving the competences related to pension issues of all relevant DGs, in particular DGs ECFIN, MARKT, EMPL, TAXUD, SANCO and the Services of Eurostat and the ECB.;
Amendment 205 #
2010/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that national budgets are under severe pressure and that many Member States are reviewing the efficiency of expenditure; calls on Member States to consider introducing compensation so that all taxpayers who cannot achieve the level of ambition in the first and second pillars are entitled to a supplementary offset of pension contributions in the second pillar or of contributions to private pension schemes in the third pillar; notes that this could also help Member States to establish a three-pillar structuremake sure that short-term public finance pressures do not affect the long-term stability of public finances and pension systems; therefore calls on Member States to ensure the best possible mix of forms of pension provision in the future and improve citizens' access to private saving possibilities;
Amendment 256 #
2010/2239(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that there are major disparities in the statutory retirement age and in the actual age at which older people cease to be employed; recognises that priority should be given to ensuring that employees can work until the statutory retirement age; calls on Member States and the two sides of industry, therefore, to exchange information about good experiences and to conclude agreements leading to a prolongation of working life, for example by reducing early retirement possibilities and rewarding people who work for longer;
Amendment 363 #
2010/2239(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that, because of the diversity and complexity of the various second- pillaroccupational pension 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, 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 380 #
2010/2239(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that in many Member States the importance of second-pillar pension provision has been recognised, and that it must also be ensured that such provision meets European conditions and criteria applicable to second-pillar provision; at the same time, notes that in cases where Member States have mandatory pension funds managed by private institutions, such schemes should also be reviewed from the point of view of compliance with European conditions and criteria as regards security, investment and asset classification;
Amendment 400 #
2010/2239(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to investigate how employees' right to participate in the second pillar can be facilitated and to make proposals for developpromoting such a pillar where it does not yet exist;
Amendment 1 #
2010/2160(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Draws attention to the fact that social cohesioneconomic, social and territorial cohesion are fundamental principles in determining all EU policies and activities, as laid down in Article 74 of the Treaty on the Functioning of the European Union (TFEU), and that their implementation should take due account of the provisions of Article 9 of the TFEU;
Amendment 5 #
2010/2160(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Affirms that the goal of cohesion policiesy should be sustainable, smart and inclusive economic growth evenly spread both territorially and socially, reduction of development disparities between regions, job creation and the implementation of the European social model, which constitutes a factor of cohesion and competitiveness for the European economy;
Amendment 17 #
2010/2160(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that, to ensure the success of the Europe 2020 strategy, EU social and territorial cohesion policiecohesion policy and its instruments should be closely interconnected within a new framework establishing strong synergies between EU policies and all the structural funds; stresses that the European Social Fund is the onlymain instrument specifically aimed at the labour market and social inclusion and that it therefore needs to be strengthened;
Amendment 24 #
2010/2160(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that, in order to be used profitably, the ESF must focus on creating job opportunities, investing in skills, ongoing training and retraining, the proper functioning of the labour market and social conditions, with a view to promoting employability, productivity, growth and employment in Europe;
Amendment 29 #
2010/2160(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to increasestrengthen the ESF's contributionrole in the context of the future architecture of the Structural Funds; considers that the ESF should be brought under a regulation and a basic strategic framework laying down general provisions on the cohesion funds, while maintaining its own rules, and operational and funding arrangementspolicy;
Amendment 45 #
2010/2160(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to submit a proposal for reform of the Structural Funds with a view to streamlining procedures and rules for their use, improving the monitoring system and enhancing the transparency of fund allocation in order to make the EU's cohesion policiesy more visible.
Amendment 2 #
2010/2157(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that demographic projections on old-age dependency ratios indicate increasing polarisation between regions, as by 2020 there will be 40 regions where the ratio is at least 25% above the EU average, creating, apart from the pension and health care systems, serious challenges with regard to care of the elderly, the adequacy and training of the workforce, and many other social concerns;
Amendment 20 #
2010/2157(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. ESF funding should be used to support the development of care services, including long-term care for the elderly as a new potential sector of the services market as well as a mean to reach higher employment rates, particularly among women-carers.
Amendment 27 #
2010/2157(INI)
Draft opinion
Paragraph 4 – indent 1
Paragraph 4 – indent 1
– supporting families with a view to reverincreasing the decline in the birthfertility rate,
Amendment 10 #
2010/2139(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission'’s strategic report on the implementation of the cohesion policy programmes cofinanced by the Structural Funds (2007-2013) (COM(2010)110); considers, however, that in the aftermath of the global economic recession, thfuture Commission'’s reports should provide a more thorough updated evaluation of the impact of the projects selected,cohesion policy on recovery of the European economy, in particular in terms of creating new jobs, reducing socioeconomic disparities, enhancing social inclusion and improving human capital;
Amendment 14 #
2010/2139(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Expects, that efficient and quantifiable initiatives from the Member States - financed by the ESF - will contribute to the delivery of the poverty goal of the EU 2020 Strategy;
Amendment 15 #
2010/2139(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Commission to introduce into future reports a reference to mutual interaction and complementarity of the Structural Funds as well as to their interaction with other EU financial instruments;
Amendment 18 #
2010/2139(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the progress already made in implementing projects relevant to the ‘More and better jobs’ Guideline; strongly recommends however that the mobilisation of resources for the achievement of the poverty reduction target of the Europe 2020 Strategy should become a priorityEurope 2020 Strategy and its objectives, in particular in the field of employment and social affairs, should become a priority in order to boost growth and productivity and improve employment performance in Europe;
Amendment 21 #
2010/2139(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets that financial resources from the EFS made available by the Community are not fully used;
Amendment 23 #
2010/2139(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on Member States to improve flexibility of the funds, simplify procedures and reduce excessive administrative costs and obstacles that hamper policy goals regarding access to employment, combating poverty and development of skills; recognises that ‘earmarking’ discipline has improved implementation of the programmes;
Amendment 39 #
2010/2139(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to boost the effectiveness of the ESF in guaranteeing opportunities for European citizens to make themselves employable and adaptable and in generating the conditions for smart, sustainable growthand inclusive growth; therefore calls on the Commission and Member States to secure strong synergies between structural funds and relevant European policies as well as promote projects that meet demands of the labour market;
Amendment 40 #
2010/2139(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges Member States to intensify their focus on education and training of workers with reference to high-quality and future-oriented jobs in the knowledge-oriented society;
Amendment 41 #
2010/2139(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Bearing in mind that the ESF is a basic tool against poverty, social exclusion and unemploymentimed at improving employment and job opportunities, promoting adaptation of workers' skills to demands of the labour market, improving integration into the labour market and reinforcing social inclusion, calls on the Commission to strengthen the ESF'’s potential, financial autonomy and as a vital component of the Cohesion Policy, improve its flexibility and to simplify and harmonise procedures, follow-up and controls; calls on the Commission to ensure maximal complementarity and mutual interaction between the ESF and the ERDF as well as with other financial instruments;
Amendment 51 #
2010/2139(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the fact, that more than 50% of people who were reached by ESF programmes were women; expects the Commission and Member States to pay enhanced attention to the integration of older workers into the labour market considering demographic developments;
Amendment 52 #
2010/2139(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Expects a closer cooperation between the Commission and the Member States in order to react quicker and in a more efficient way to changes on the labour market and to implement necessary, result-orientated, measures;
Amendment 53 #
2010/2139(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Welcomes the fact, that ESF provided relevant support to implement labour- market reforms and proved to be an effective instrument contributing to the shift from passive to active and even preventive labour market policies; calls on the Member States to continue with structural reforms that will prevent labour markets from potential future crisis;
Amendment 14 #
2010/2099(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas economic coordination needs to be strengthened throughout the Union, given that the economic stability of the European Union may depend on the economic situation of one of its members, that there is a very high degree of economic interdependence between all the Member States in the context of the single market and that we must prepare for enlargement of the euro zone,
Amendment 26 #
2010/2099(INI)
Motion for a resolution
Recital D
Recital D
D. whereas labour, knowledge and innovations have a tendency to migrate to certain regions, and EU financial solidarity mechanisms need to be further developed focusing, in particular, on research and development and education and aiming at territorial, economic and social cohesion,
Amendment 42 #
2010/2099(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a fair balance between investments in sustainable growth and the prevention of excessive deficits over the economic cycle, in line with Union-level commitments and guidelines, need to be persued and taken decisions should not affect badly the situation of future generations,
Amendment 66 #
2010/2099(INI)
Motion for a resolution
Recital K
Recital K
K. whereas comprehensive secondary legislation needs to be established and implemented in order to attain the Union objectives in this area; whereas enhanced economic governance for the Union based on the provisions of the TFEU is essential, the Union method should be used to its full extent and the key role of the Commission should be respected in order to promote mutually reinforcing polices,
Amendment 146 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 2 – paragraph 1 – indent 3
Annex 1 – heading 2 – paragraph 1 – indent 3
– Establish a clear harmonised framework to measure and monitor debt dynamics, including implicit and contingent liabilities, such as public guarantees in public-private-partnership investments and to better monitor the interplay between debt, deficit and growth,
Amendment 157 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 2 – paragraph 1 – indent 5 a (new)
Annex 1 – heading 2 – paragraph 1 – indent 5 a (new)
– Ask Member States to introduce into national laws legally binding rules with regards to the levl of public debt or deficit in order to ensure medium and long term sustainability of public finances,
Amendment 163 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 2 – paragraph 1 – indent 7
Annex 1 – heading 2 – paragraph 1 – indent 7
– Establish pre-specified and pre-emptive incentives to be decided independently from the Council by the Commission or semi-automatic sanctions, , that are fair and equal for all Member States, in order to facilitate early warning steps and apply them in a progressive way,
Amendment 187 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 3 – paragraph 1 – indent 2
Annex 1 – heading 3 – paragraph 1 – indent 2
– Increase the importance of the annual euro area surveillance reports based on quarterly thematic multi-country reports focusing ion particularone site on potential spill- over effects from global economic developments and from policies and circumstances having a particular impact on certain Member States in the euro area and on the other site on the influence that economic decisions taken by the Eurogrupy may have on the whole European Union,
Amendment 196 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 3 – paragraph 1 – indent 4
Annex 1 – heading 3 – paragraph 1 – indent 4
– Increase transparency and accountability of the decision-making of the Euro Group by establishing a regular dialogue with the President of Euro Group within the Committee competent in Parliament, and by publishing speedily the decisions taken by the Euro Group on their webpage; ensure that non eurozone EU Members, at least those with an obligation to adopt the common currency, have an access to the debate within the Euro Group.
Amendment 208 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 4 – indent 1 a (new)
Annex 1 – heading 4 – indent 1 a (new)
– Examine the possibility of non euro Member States to join the European stabilisation mechanism on a case-by-case basis and after fulfilling certain conditions.
Amendment 32 #
2010/2053(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that there are still issues to bealls on the Commission to provide further clarifiedcations regarding the scope of application of the directive; considers that a directive clearly defining the concepts, in particular as regards the notion of "ecommercial servicnomic activities", "services of general economic interest" and "social 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 schem, as well as regarding the application of the directive to authorisation schemes in the area of social services of general interest;
Amendment 45 #
2010/2053(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the points of single contact should be used as information centres for issues related to the directive, in particular; they could additionally provide information regarding applicable labour law and workers' rights in force under the directive;
Amendment 49 #
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 theCommission to closely monitor the application of the Directive in all Member States and to issue regular implementation reports. These reports should take into effects of the directive's implementation on employment, from both a quantitative and a qualitative point of viewreal medium- and long term effects of the Directive on employment in the EU.
Amendment 65 #
2010/2038(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to the undesirable effects – in terms of deteriorating employment, human capital and purchasing power – of prematurely withdrawing support measures; points out, however, that applying fiscal stimulus measures for too long leads to excessive debt and can mean a reduction in potential economic growth;
Amendment 85 #
2010/2038(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points to the special importance of measures to promote employment and long-term investments aimed at increasing the potential for economic growth and bolstering the competitiveness of the European economy;
Amendment 86 #
2010/2038(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Emphasises that, in view of the current demographic challenges the EU is facing, anti-crisis measures should not have long-term effects on public finances, the cost of which would have to be met by future generations;
Amendment 157 #
2010/2038(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights the need for the sustainability of public finances in EU Member States to be constantly monitored in order to assess the extent of long-term challenges; also highlights the need for the regular publication of information on open public-sector liabilities and the liabilities of social systems e.g. pensions;
Amendment 17 #
2010/2037(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. calls for further investigation of increased opportunities for smaller firms in order to improve competitiveness on the market; in this respect welcomes the Commission's intention to address the issue of contractual clauses that are informally referred to as "Big Four only clauses" and to create instead European quality certification for audit firms which would formally recognise their aptitude to perform audits of large listed companies,
Amendment 24 #
2010/2037(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the provision of increased opportunities for smaller firms by preventing internal audit services being carried out by the same company as the external audit;Does not believe that the creation of "pure audit firms" is a right approach to ensure independence of audit companies; however notes that areas of audit services which are deemed to incur a conflict of interest should be carried out by different companies,; including evalu this respect calls on the Commission to ensure a proper implementations of complex structured productthe Commission Recommendation of 16 May 2002 on Statutory Auditors' Independence in the EU: A Set of Fundamental Principles;
Amendment 48 #
2010/2037(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes companies should conduct a compulsory open tthat external auditors should be appointed by the gendering process for statutory appointments of external auditors every eight years, on a renewable basis; notes that for SIFIs this should be reduced to every four yearal meeting of shareholders or audit committees, however a compulsory open tendering process should be considered in case of SIFIs;
Amendment 8 #
2010/0821(NLE)
Draft decision
Recital 3 a (new)
Recital 3 a (new)
(3a) At its meeting on 16 December 2010 the European Council also agreed that Member States whose currency is not the euro may decide to participate in operations conducted by the mechanism on an ad hoc basis.
Amendment 28 #
2010/0821(NLE)
Draft decision
Article 1
Article 1
The following paragraph shall be added to Article 136 of the Treaty on the Functioning of the European Union: "3. The Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. Member States whose currency is not the euro may decide to participate in the mechanism. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality.".
Amendment 47 #
2010/0281(COD)
Proposal for a regulation
Recital 2
Recital 2
2. There is a need to build upon the experience gained during the first decade of functioning of the economic and monetary union regarding macroeconomic imbalances.
Amendment 58 #
2010/0281(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘imbalances’ means macroeconomic developments which are adversely affecting, or have the potential to adversely to affect, the proper functioning of the economy or the competitiveness of a Member State or of economic and monetary union, or of the Union as a whole.
Amendment 61 #
2010/0281(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall, after consultation with Member States and the European Parliament, establish an indicative scoreboard as a tool to facilitate early identification and monitoring of imbalances.
Amendment 66 #
2010/0281(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators fo, which are adequate to measure the economic equilibrium and competitiveness of the Member States in comparison to other Member States. The Commission may set indicative lower or upper thresholds for these indicators to serve as alert levels. The thresholds applicable to Member States whose currency is the euro may be different from those applicable to the other Member States.
Amendment 69 #
2010/0281(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The list of indicators to be included in the scoreboard and the thresholds should allow the detection of internal and external macroeconomic imbalances.
Amendment 76 #
2010/0281(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The release of the updated scoreboard shall be accompanied by a Commission report containing an economic and financial assessment putting the movement of the indicators into perspective, drawing if necessary on any other economic and financial or structural indicator relevant to detection of imbalances. The report shall also indicate whether the crossing of lower or upper thresholds in one or more Member States signifies the possible emergence of imbalances.
Amendment 38 #
2010/0276(CNS)
Proposal for a regulation – amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Regulation (EC) No 1467/97
Article 2 – paragraph 7
Article 2 – paragraph 7
7. In the case of Member States where the excess of the deficit or the breach of the requirements of the debt criterion according to Article 126 (2) (b) of the Treaty reflects the implementation of a pension reform introducing a multi-pillar system that includes a mandatory, fully funded pillar, the Commission and the Council shall also consider the cost of the reform to the publicly managed pillar when assessing developments in EDP deficit and debt figures. In cases where the debt ratio exceeds the reference value, the full cost of the reform shall be considered only if the deficit remains close to the reference value. For that purpose, for a period of five years starting from the date of entry into force of such a reform, consideration shall be given to its net cost as reflected in deficit and debt developments on the basis of a linear degressive scale. Additionally, irrespective of the date of entry into force of the reform, its net cost as reflected in debt developments shall be given consideration for a transitional period of five years from [date of entry into force of this Regulation, to be inserted] on the basis of the same linear degressive scale. The net cost as thus calculated shall be taken into account also for the decision of the Council under Article 126(12) of the Treaty on the abrogation of some or all of its decisions under paragraphs 6 to 9 and 11 of Article 126 of the Treaty, if the deficit has declined substantially and continuously and has reached a level that comes close to the reference value and, in case of non- fulfilment of the requirements of the debt criterion, the debt has been put on a declining path. Moreover, equal consideration shall be given to the reduction in this net cost resulting from the partial or total reversal of an above mentioned pension reform.
Amendment 219 #
2010/0276(CNS)
Proposal for a regulation – amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Regulation (EC) No 1467/97
Article 2 – paragraph 7
Article 2 – paragraph 7
7. In the case of Member States where the excess of the deficit or the breach of the requirements of the debt criterion according to Article 126 (2) (b) of the Treaty reflects the implementation of a pension reform introducing a multi-pillar system that includes a mandatory, fully funded pillar, the Commission and the Council shall also consider the cost of the reform to the publicly managed pillar when assessing developments in EDP deficit and debt figures. In cases where the debt ratio exceeds the reference value, the cost of the reform shall be considered only if the deficit remains close to the reference value. For that purpose, for a period of five years starting from the date of entry into force of such a reform, consideration shall be given to itsthe net cost as reflected in deficit and debt developments on the basis of a linear degressive scale. Additionally, irrespective of the date of entry into force of the reform, its net cost as reflected in debt developments shall be given consideration for a transitional period of five years from [date of entry into force of this Regulation, to be inserted] on the basis of the same linear degressive scaleof the pension reform as reflected in deficit and debt developments irrespective of the date of entry into force of the reform. Theis net cost as thus calculated shall be taken into account also for the decision of the Council under Article 126(12) of the Treaty on the abrogation of some or all of its decisions under paragraphs 6 to 9 and 11 of Article 126 of the Treaty, if the deficit has declined substantially and continuously and has reached a level that comes somewhat above the level that can be considered as close to the reference value and, in case of non-fulfilment of the requirements of the debt criterion, the debt has been put on a declining path. Moreover, equal consideration shall be given to the reduction in this net cost resulting from the partial or total reversal of an above mentioned pension reform.
Amendment 82 #
2010/0220(NLE)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 51 #
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. Member States are free to designate other sectors which are subject to seasonality.
Amendment 77 #
2010/0210(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Third-country national seasonal workers should be granted equal treatment in respectOn the basis of those branches of social security listedreferred to in Article 3 of Regulation (EC) No 883/04 on the coordination of social security systemf the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, Member States shall define which of these benefits cover seasonal workers. This Directive should not confer more rights than those already 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 scope of 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 systems.
Amendment 116 #
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 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 remunerationhas accommodation for the duration of the seasonal work.
Amendment 140 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 1 a (new)
Article 16 – point 1 a (new)
1a. social security benefits designated by Member States on the basis of the branches of social security as defined in Article 3 of Regulation (EC) No 883/2004;
Amendment 150 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point b
Article 16 – point 2 – point b
Amendment 63 #
2010/0209(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/04 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra-corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States. The provisions of this Directive should not apply to situations where a posted worker is covered by the social security legislation of a third country or pays contributions in a third country.
Amendment Amendment148 #
2010/0209(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The competent authorities of the Member State concerned shall adopt a decision on the application for admission to a Member State as an intra-corporate transferee or for revision of the additional document provided for in Article 11(4) and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, within 30 days of the complete application being lodged. In exceptional cases involving complex applications including applications concerning host entities in several Member States, the deadline may be extended for a maximum of a further 630 days.
Amendment 85 #
2010/0209(COD)
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract or other form of employment, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory;
Amendment 93 #
2010/0209(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity, as well as any person managing teams and/or projects essential to the host entity, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 99 #
2010/0209(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking account not only of knowledge specific to the host entity, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge;
Amendment 119 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) provide evidence of employment within the same group of undertakings, for at least 12 monthssix months in the case of managers and specialists and three months in the case of trainees, immediately preceding the date of the intra-corporate transfer, if required by national legislation, and that he or she will be able to transfer back to an entity belonging to that group of undertakings and established in a third country at the end of the assignment;
Amendment 170 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 2 – point c
Article 14 – point 2 – point c
(c) without prejudice to existing bilateral agreements, provisions in national law regarding the branches of social security defined in Article 3 of Regulation (EC) No 883/04. In the event of mobility between Member States and without prejudice to existing bilateral agreements, Council Regulation (EC) No 859/2003 shall apply accordingly;. This provision shall not apply to situations where a posted worker is covered by the social security legislation of a third country or pays contributions in a third country.
Amendment 32 #
2009/2235(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomNotes the adoption of the Commission proposal on the future EU2020 strategy; stresses the long-term nature of this strategy that aims to create framework conditions for stable growth and jobs creation in Europe, and agrees with the priorities identified;
Amendment 61 #
2009/2235(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that infrastructural deficiencies still vary considerably across Europe, blocking its growth potential and the smooth functioning of the Internal Market; believes that a true level playing field in transport, energy, telecommunications and IT infrastructure needs to be created, should be included in the strategy and continue to be a vital part of the cohesion policy;
Amendment 85 #
2009/2235(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out that a stronger territorial dimension of the strategy, considering the specificities and different development levels of the European regions, with the direct involvement of regional and local authorities in the planning and implementation of the relevant programmes, will lead to a greater sense of ownership of its goals at all levels and ensure a better awareness of objectives and outputs on the ground;
Amendment 96 #
2009/2235(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recommends the adoption of a simplified approach to the use of the Structural Funds in the future regulatory framework; highlights that the harmonisation of rules and procedures may lead to simplified delivery systems and encourage participation by potential beneficiaries in EU co-funded programmes; recommends sticking to existing financing mechanisms such as Structural Funds and Cohesion Fund, which have well- well-established and operational delivery mechanisms;
Amendment 17 #
2009/2222(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Article 14 of the TFEU and Protocol 26 thereto explicitly address services of general interest (SGI) which include social services of general interest (SSGI), both economic and non- economic; and whereas it is confirmed that national, regional and local authorities have the essential role and wide discretion in providing, commissioning and organising services of general economic interest (SGEI), and that the Treaties do not affect the competence of Member States to provide, commission and organise non-economic services of general interest (SGNEI),
Amendment 29 #
2009/2222(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that SSGI and their users have a number of special characteristics in addition to the common characteristics of SGI. SSGI encompass, in addition to health services, both statutory and complementary universally available services, provided directly to the person, that play a preventative and social cohesion and inclupeople in need, that prevent from social exclusion, play social cohesion role and make tangible fundamental social rights;
Amendment 40 #
2009/2222(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 51 #
2009/2222(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 58 #
2009/2222(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the fact that SSGI make a major economic contribution in terms of jobs, economic activity and purchasing power – the Commission's second Biennial Report indicating that the health and social services sector accounts for 5% of economic output and employs 21.4 million people – and that SMEs in particular are reliant on high quality SSGI;
Amendment 77 #
2009/2222(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 96 #
2009/2222(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that national and local authorities engaged in providing or mandating SSGI need a clear legal basis for their services and expenditures, and that while the information and clarification service developed by the Commission is essential, it is insufficient and does not protect SSGI providers from legal challenge however, there is still lack of legal certainty;
Amendment 100 #
2009/2222(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 132 #
2009/2222(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that, in order to maintain the delivery of quality SSGI, the Member States need new income streams, such as a financial transaction tax adjusted to a specific character of these services;
Amendment 138 #
2009/2222(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes there is a broad European consensus that SSGI are essential to the well-being of our peoples and an efficient economy but that there is no agreement within or between the Commission and the Council on the implementation of practical measures to overcome identified obstacles to the delivery and development of SSGI;
Amendment 148 #
2009/2222(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the fact that Member States and local authorities must be freehave a free choice within market economy to decide how SSGI are funded and delivered, whether directly or otherwise, using all available instruments so as to ensure that the Union's social objectives are not weakened by single market rulesmet, while at the same time supporting an environment that promotes quality, accessibility and efficiency in the delivery of the services;
Amendment 173 #
2009/2222(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the 2005 Monti-Kroes response to the Altmark case to be broadenfurther developed so as to simplify the rules, improve flexibility in their application, and expand the derogations. The de minimis threshold should be raised to at least EUR 500 000 over a three-year cycle;
Amendment 182 #
2009/2222(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for reformclarification of the criteria for classifying economic and non-economic SSGI in the framework of current EU legislation;
Amendment 198 #
2009/2222(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission formally to recognise other modalities for the selection of providers, such as ‘in-house’ and ‘service concession’ methods, and explicitly to accord equal value to all options for the contracting and financing of SSGI; calls for the expansion of the ‘in- house’ method to include service providers who meet specific general interest criteria;
Amendment 233 #
2009/2222(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 240 #
2009/2222(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 249 #
2009/2222(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 264 #
2009/2222(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Urges that Member States use the VQF to draw up quality accreditationentrusting and monitoring systems, and that implementafunctioning of the VQF be evaluated with reference to the Charter of Fundamental Rights and Protocol 26 TFEU;
Amendment 273 #
2009/2222(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Emphasises that decent, stable working conditions and quality training are essential for the delivery of quality social services; underlines also a need of hiring a high class specialists;
Amendment 284 #
2009/2222(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Proposes that the absence of reference in the VQF to funding and service provider status be remediedfurther improvement of the VQF;
Amendment 38 #
2009/2090(INI)
Motion for a resolution
Paragraph 10 a (new) (before subheading "Exit strategy")
Paragraph 10 a (new) (before subheading "Exit strategy")
10a. Is of the opinion that the ECB could have used some other policy actions in order to stabilise the economic situation in the new Member States; therefore invites the ECB to consider two instruments that could help to stabilise the economy during the crisis in those countries, namely temporary reciprocal currency arrangements (swap lines) and wider collateral; calls on the ECB to introduce swap lines with central banks of the new Member States to provide them with euro liquidity against their own currencies, and temporarily to accept as eligible securities for its repurchase transactions with counterparties not only government bonds issued in euro, but also those issued in the domestic currencies of the newer Member States; opines that this would be an extension of the ECB’s recent decision to accept low-quality securities as collateral; is of the opinion that the ECB should not take exchange- rate risks and should therefore apply appropriate haircuts to non-euro sovereign bonds to cover that risk; considers that this initiative would eliminate the current strong incentive for banks in the euro area not to hold in their portfolios government bonds denominated in the domestic currencies of the newer Member States;
Amendment 44 #
2009/2090(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. States that Member States should continue with their current fiscal stimulus measures to protect jobs, encourage investment and stimulate growth; points out, however, that applying fiscal stimulus measures for too long leads to excessive debt and can mean a reduction in potential economic growth and, in the worst case, a recession;
Amendment 161 #
2009/0144(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different Member States, the Authority should be able to settle disagreements between those competent authorities with binding effect, including within colleges of supervisors. A conciliation phase should be provided for, during which the competent authorities may reach an agreement. The Authority's competence should cover disagreements on procedural obligations in the cooperation process as well as on the intin that respect should be specified in the sectoral legislation referpretation and application of Community law in supervisory decisionsd to in Article 1(2). Existing conciliation mechanisms provided for in sectoral legislation have to be respected. In the event of inaction by the national supervisory authorities concerned, the Authority should be empowered to adopt, as a last resort, decisions directly addressed to financial market participants in areas of Community law directly applicable to them.
Amendment 274 #
2009/0144(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
Within three months of receipt of the draft standards, the Commission shall decide whether to endorse the draft standards. The Commission may extend that period by one month. The Commission may endorse the draft standards only in part or with amendments where the Community interest so requires.
Amendment 283 #
2009/0144(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Where the Commission does not endorse the standards or endorses them in part or with amendments, it shall inform the Authority of its reasons. it shall propose reasoned modifications and send the draft standards back to the Authority. The Authority may amend the draft standards on the basis of the Commission’s proposed modifications and resubmit the draft standards to the Commission for endorsement.
Amendment 286 #
2009/0144(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4 a (new)
Article 7 – paragraph 1 – subparagraph 4 a (new)
Within one month of receipt of the amended standards, the Commission shall endorse submitted standards with the amendments suggested by the Authority or reject the standards and inform the European Parliament and the Council of its decision, stating the reasons.
Amendment 364 #
2009/0144(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas where thecases specified in legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, at the request of one or more of the competent authorities concerned, may assist the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2.
Amendment 365 #
2009/0144(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas whereindicated in the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, at the request of one or more of the competent authorities concerned, may assist the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2.
Amendment 498 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 501 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where it does not take a decision within two months, the suspension of that decision shall be immediately terminated.
Amendment 503 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6 a (new)
Article 23 – paragraph 2 – subparagraph 6 a (new)
Where the Council does not take a decision within two months, the decision shall be terminated.
Amendment 513 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 165 #
2009/0143(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure efficient and effective supervision and a balanced consideration of the positions of the national supervisory authorities in different Member States, the Authority should be able to settle disagreements between those authorities with binding effect, including within colleges of supervisors. A conciliation phase should be provided for, during which the national supervisory authorities may reach an agreement. The Authority's competence should cover disagreements on procedural obligations in the cooperation process as well as on the intin that respect should be specified in the sectoral legislation referpretation and application of Community law in supervisory decisionsd to in Article 1(2). Existing conciliation mechanisms provided for in sectoral legislation have to be respected. In the event of inaction by the national supervisory authorities concerned, the Authority should be empowered to adopt, as a last resort, decisions directly addressed to financial institutions in areas of CommunityUnion law directly applicable to them.
Amendment 247 #
2009/0143(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
Within three months of receipt of the draft standards, the Commission shall decide whether to endorse the draft standards. The Commission may extend that period by one month. The Commission may endorse the draft standards only in part or with amendments where the Community interest so requires.
Amendment 249 #
2009/0143(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Where the Commission does not endorse the standards or endorses them in part or with amendments, it shall inform the Authority of its reasons, it shall propose justified amendments and send the draft standards back to the Authority. The Authority may amend the draft standards on the basis of the Commission’s proposed amendments and may resubmit the draft standards to the Commission for endorsement.
Amendment 251 #
2009/0143(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4 a (new)
Article 7 – paragraph 1 – subparagraph 4 a (new)
Within one month of receipt of the amended standards, the Commission shall decide whether to endorse or reject them and shall inform the European Parliament and the Council of its decision, stating the reason.
Amendment 465 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 466 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where it does not take a decision within two months, the suspension of that decision shall be immediately terminated.
Amendment 468 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6 a (new)
Article 23 – paragraph 2 – subparagraph 6 a (new)
Where the Council does not take a decision within two months, the decision shall be terminated.
Amendment 473 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 217 #
2009/0142(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different Member States, the Authority should be able to settle disagreements between those competent authorities with binding effect, including within colleges of supervisors. A conciliation phase should be provided for, during which the competent authorities may reach an agreement. The Authority’s competence should cover disagreements on procedural obligations in the cooperation process as well as on the intin that respect should be specified in the sectoral legislation referpretation and application of Community law in supervisory decisionsd to in Article 1(2). Existing conciliation mechanisms provided for in sectoral legislation have to be respected. In the event of inaction by the national supervisory authorities concerned, the Authority should be empowered to adopt, as a last resort, decisions directly addressed to financial institutions in areas of Community law directly applicable to them.
Amendment 368 #
2009/0142(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
Within three months of receipt of the draft standards, the Commission shall decide whether to endorse the draft standards. The Commission may extend that period by one month. The Commission may endorse the draft standards only in part or with amendments where the Community interest so requires.
Amendment 377 #
2009/0142(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Where the Commission does not endorse the standards or endorses them in part or with amendments, it shall inform the Authority of its reasonsit shall propose reasoned modifications and send the draft standards back to the Authority. The Authority may amend the draft standards on the basis of the Commission’s proposed modifications and resubmit the draft standards to the Commission for endorsement.
Amendment 380 #
2009/0142(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4 a (new)
Article 7 – paragraph 1 – subparagraph 4 a (new)
Amendment 633 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 636 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where it does not take a decision within two months, the suspension of that decision shall be immediately terminated.
Amendment 638 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6 a (new)
Article 23 – paragraph 2 – subparagraph 6 a (new)
Where the Council does not take a decision within two months, the decision shall be terminated .
Amendment 644 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 92 #
2009/0140(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The ESRB should, where appropriate, issue warnings and recommendations of a general nature concerning the Community as a whole, individual Member States or groups of Member States, with a specified timeline for the relevant policy response. Where such warnings or recommendations are addressed to individual or a group of Member States, the ESRB should also propose appropriate support measures that could, for example, be provided by the European System of Central Banks.
Amendment 127 #
2009/0140(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) propose appropriate support measures to reinforce suggested remedial action;
Amendment 169 #
2009/0140(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) five other members of the General Board who are also members of the General Council of the ECB, proportionally representing euro and non- euro area Member States. They shall be elected by and from among the Members of the General Board who are also members of the General Council of the ECB for a period of two years.;
Amendment 212 #
2009/0140(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. When significant risks to the achievement of the objective in aArticle 3(1) are identified, the ESRB shall provide warnings and, where appropriate, issue recommendations for remedial action including, where it deems necessary, for legislative initiatives and suggest support measures that are appropriate for a particular case.
Amendment 13 #
2009/0108(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To strengthen the solidarity between Member States in the case of a CommunityUnion Emergency and in particular to support Member States which are exposed to less favourable geographical or geological conditions, Member States should devise specific measures to exercise solidarity, as provided for in the Treaty on the Functioning of the European Union, including measures such as commercial agreements between natural gas undertakings, compensation mechanisms, increased gas exports or increased releases from storages. Solidarity measures may be particularly appropriate between Member States for which the Commission recommends the establishment of joint preventive actions plans or emergency plans at regional level.
Amendment 15 #
2009/0108(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas, and setting up exceptional measures to be implemented where the market cannot deliver the required gas supply, by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the Member States and the CommunityUnion regarding both preventive action and the reaction to concrete disruptions of supply in a spirit of solidarity between the Member States.
Amendment 30 #
2009/0108(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Preventive Action Plan shall take into account cost efficiency, economic effectiveness, effects on the functioning of the internal energy market and environmental impact.
Amendment 60 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point 3
Article 9 – paragraph 2 – point 3
(3) Emergency level (Emergency): when an exceptionally high demand occurs or when there is a disruption of the supply through or from the largest infrastructure or source andor there is a credible risk that the supply standard to the protected customers can no longer be met with market based instruments alone.
Amendment 63 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The Commission shall verify within one weekthree days whether the declaration of an Emergency is justifiedfulfils the criteria indicated in paragraph 2 and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market. The Commission may, in particular, ask the Competent Authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of Emergency if the Commission considers it not or no longer justified.
Amendment 69 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. Where the Commission considers that in the case of a Union Emergency, the actions taken by the Competent Authority or natural gas undertakings are insufficient , the Commission may implement directly the measures listed in Annexes II and III in order to restore the gas supply to the affected markets.
Amendment 295 #
2009/0064(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) This Directive should provide for a single AIFM for each AIF managed within the scope of the Directive, which should be responsible for the compliance with the requirements of this Directive.
Amendment 368 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) institutions which are covered by Directive 2003/41/EC of the European Parliament and the Council of 3 June 2003 on the activities and supervisionnational, regional and local governments and bodies ofr institutions for occupational retirement provisionwhich manage funds supporting social security and pension systems;
Amendment 449 #
2009/0064(COD)
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘manager of alternative investment funds ‘’ or AIFM means any legal or natural person whose regular business is to manage one or several AIFperson that manages one or several AIF and is responsible for the compliance with the requirements of this Directive and which, depending on the legal form of the AIF, can be either the AIF itself or an external entity;
Amendment 691 #
2009/0064(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a.The above paragraphs shall not apply to AIFM only managing AIF: (a) which are not leveraged; (b) which have no redemption rights exercisable during a period of five years following the date of constitution of each AIF; (c) which have fixed capital commitments; (d) where fees are based on capital commitments; (e) where investors have the right to change the AIFM; and (f) where specific provisions are included in the contractual agreement regarding the winding-up of an AIFM to protect investors during a transition.
Amendment 703 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
1. AIFM shall ensure that, for each AIF that it manages, a valuator is appointed which is independent of the AIFM to establish the value of assets acquired byppropriate and consistent procedures are established so that the proper valuation of the assets of the AIF and the value of the shares andor units of the AIF can be performed.
Amendment 720 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 738 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 756 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 770 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 868 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The depositary shall be: (a) a credit institution having its registered office in the Community and be authorised in accordance with Directive 2006/48/EC of the European Parliament and Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast).;
Amendment 873 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3 – point a a (new)
Article 17 – paragraph 3 – point a a (new)
(aa) an investment firm authorised in accordance with Directive 2004/39/EC to also provide the ancillary service of safe- keeping and administration of financial instruments for the account of clients in accordance with Section B(1) of Annex I to that Directive, having its registered office in the Union;
Amendment 885 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3 – point a f (new)
Article 17 – paragraph 3 – point a f (new)
(af) a legal person which carries out depository functions as part of professional or business activities in respect of which it is subject to prudential regulation and ongoing supervision and which can provide sufficient financial and professional guarantees to be able to effectively perform the relevant depository functions and meet the commitments inherent to those functions.
Amendment 1031 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. An AIFM shall, for each of the AIF it manages, make available an annual report for each financial year. The annual report shall be made available to investors and competent authorities no later than four months following the end of the financial year or, in circumstances where information is required from third parties, such as the audit of any underlying investments of the AIF, no later than six months following the end of the financial year.
Amendment 1042 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The accounting information given in the annual report shall be prepared in accordance with the accounting standards or principles required by the applicable AIF rules or instruments of incorporation or formation and audited by one or more persons empowered by law to audit accounts in accordance with Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC. The auditor's report, including any qualifications, shall be reproduced in full in the annual report.
Amendment 1045 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1
Article 19 – paragraph 4 – subparagraph 1
4. The Commission shall adopt implementing measuredelegated acts further specifying the content and format of the annual report. These measuresose acts shall be appropriate and proportionate and shall be adapted to the type of AIFM to which they apply and the AIF to which the report relates, taking account of the different size, resources, complexity, nature, investments, investment strategies and techniques, structures and investors of different types of AIFM and the AIF that they manage.
Amendment 1056 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. AIFM shall ensure that, insofar as applicable to the AIF concerned, AIF investors receive the following information before they invest in the AIF, as well as any changes thereof:
Amendment 1065 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) a description of the investment strategy and objectives of the AIF, all the types of assets which the AIF can invest in and of the techniques it may employ and of all associated risks, any applicable investment restrictions, the circumstances in which the AIF may use leverage, the types and sources of leverage permitted and the associated risks and of any restrictions to the use of leverage;
Amendment 1072 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point d
Article 20 – paragraph 1 – point d
(d) the identity of the AIF's, if applicable, of the AIF's current or proposed depositary, valuator, auditor and any other current or proposed critical or important service providers and a description of their duties and the investors' rights should any failure arise;
Amendment 1075 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) a description of any critical or important delegated management or depositary function and the identity of the third party to whom the function has been delegated;
Amendment 1081 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point g
Article 20 – paragraph 1 – point g
(g) where the AIF has exercisable redemption rights, a description of the AIF's liquidity risk management, including the redemption rights both in normal and exceptional circumstances, existing redemption arrangements with investors, and how the AIFM ensures a fair treatment of investors;
Amendment 1084 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point h
Article 20 – paragraph 1 – point h
(h) a description of all fees, charges and expenses and of the maximum amounts thereof which are directly or indirectly borne by investors;
Amendment 1090 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point i
Article 20 – paragraph 1 – point i
(i) whenever an investor obtains a preferential treatment or the right to obtain preferential treatment, the identity of the investor and a description of that preferential treatment, and whether there is any connection between the AIFM and that investor;
Amendment 1097 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point j
Article 20 – paragraph 1 – point j
(j) the latest annual report if there is such a report in relation to the AIF.
Amendment 1128 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
3. The Commission shall adopt implementing measuredelegated acts further specifying the disclosure obligations of AIFM and the frequency of the disclosure referred to in paragraph 2.These measureacts shall be adapted to the type of AIFM to which they apply and be proportionate, taking account, inter alia, of the different size, resources, complexity, nature, investments, investment strategies and techniques, structures and investors of different types of AIFM.
Amendment 1138 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
It shall provide aggregated information on the main instruments in which it is trading, markets of which it is a member or where it actively trades, and on the principal trading exposures and most important resulting concentrations of each of the AIF it manages.
Amendment 1139 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. For each AIF an AIFM manages, it and in respect of which redemption rights are exercisable, the AIFM shall periodically report the following to the competent authorities of its home Member State:
Amendment 1166 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 3 – point a
Article 21 – paragraph 3 – point a
(a) an annual report of each AIF managed by the AIFM for each financial year, within four months from the end of the periods to which it relates or, in circumstances where information is required from third parties (such as the audit of any underlying investments of the AIF), no later than six months from the end of the financial year;
Amendment 1176 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 4 – subparagraph 1
Article 21 – paragraph 4 – subparagraph 1
4. The Commission shall adopt implementing measuresdelegated acts in accordance with Articles 49a, 49b and 49c further specifying the reporting obligations referred to in paragraphs 1, 2 and 3 and their frequency. Such acts shall be appropriate and proportionate and adapted to the type of AIFM and AIF to which they apply, taking account, interalia, of the different size, resources, complexity, nature, investments, investment strategies and techniques, structures and investors of different types of AIFM.
Amendment 1287 #
2009/0064(COD)
Proposal for a directive
Article 26
Article 26
Amendment 1311 #
2009/0064(COD)
Proposal for a directive
Article 27
Article 27
Amendment 1335 #
2009/0064(COD)
Proposal for a directive
Article 28
Article 28
Amendment 1390 #
2009/0064(COD)
Proposal for a directive
Article 29
Article 29
Amendment 1427 #
2009/0064(COD)
Proposal for a directive
Article 30
Article 30
Amendment 1524 #
2009/0064(COD)
Proposal for a directive
Article 36
Article 36
Amendment 1534 #
2009/0064(COD)
Proposal for a directive
Article 37
Article 37
Amendment 1544 #
2009/0064(COD)
Proposal for a directive
Article 38
Article 38
Amendment 1559 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 –introductory part
Article 39 – paragraph 1 –introductory part
1. Member States mayshall authorise, in accordance with this Directive, AIFM established in a third country to market units or shares of an AIF to professional investors in the CommunityUnion under the conditions of this Directive, provided that:
Amendment 1560 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 1564 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
Amendment 1568 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) a cooperation-agreement between the competent authorities of that Member Statethe AIFM is subject to authorisation or registration in the third country in which it is established and theits supervisor of the AIFM exists which ensures an efficient eis a signatory to the IOSCO Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange oOf all iInformation that are relevant for monitoring the potential implications of the activities of the AIFM for the stability of systemically relevant financial institutions and the orderly functioning of markets in which the AIFM is active.or another appropriate cooperation-agreement between the competent authorities of that Member State and the supervisor of the AIFM exists;
Amendment 1572 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
Amendment 1576 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
1a. The competent authorities of the Member State to which an application is made by an AIFM established in a third country to market units or shares of an AIF to professional investors in the Union under the conditions of this Directive shall grant authorisation only if they are satisfied that the AIFM will be able to fulfil the conditions of this Directive in relation to such marketing. The Member State which grants such authorisation to an AIFM established in a third country shall be deemed to be the home Member State of the AIFM for the purposes of this Directive. The authorisation shall be valid for all Member States in relation to marketing the units or shares in AIF and a third country AIFM which has been authorised by a Member State under this Article shall have the same rights and be subject to the same obligations under Chapters IV, V and VI.
Amendment 1577 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 1584 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 1591 #
2009/0064(COD)
Proposal for a directive
Article 39 - paragraph 3 b (new)
Article 39 - paragraph 3 b (new)
3b. Notwithstanding any authorisation of AIFM established in third countries under Article 39(1) and (2), Member States may permit marketing of AIF managed by third-country AIFM in accordance with their national laws.