Activities of Thomas HÄNDEL

Proposal for a regulation
Recital 17

(17) Ambiguity exists as to whether Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited. Discontinuity of staff can have a detrimental effect on the quality of groundhandling services. It is therefore a~~ppropriate to clarify the rules on~~bsolutely essential to ensure the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditions.

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Recital 28

(28) In a labour-intensive sector such as groundhandling, continuous staff development and training have a strong impact on service quality. Minimum training requirements should therefore be set to ensure the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators. The European Aviation Safety Agency should be entrusted with the task of developing minimum standards for education and training which the Member States can and should follow. This task should be included in Regulation No 216/2008.

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Recital 31

(31) Member States should ~~retain the power to~~ ensure that an adequate level of social protection is guaranteed for the staff of undertakings providing groundhandling services.

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Recital 31 a (new)

(31a) This also involves applying representative collective agreements for the various airports in relation to pay and other employment conditions.

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 12 – paragraph 2

2. Where, following the selection procedure laid down in Articles 7 to 10, a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services, Member States may require supplier(s) of groundhandling services which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of Council Directive 2001/23/EC17. These rights include the mandatory application of the representative collective agreements.

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 20 – paragraph 1

An undertaking applying for an approval shall demonstrate that its employees have the qualification, professional experience and length of service necessary for the performance of the activity it applies for. Where European minimum standards are developed as recommendations for education and training, Member States should use these as a guide in order to ensure the highest possible safety standards throughout Europe.

2012/06/26
Committee: EMPL

2011/0370(COD)

Proposal for a regulation
Recital 1

(1) The Treaty aims at an ever closer union among the peoples of Europe and confers on the Union the task, inter alia, of contributing to the flowering of cultures of Member States, while respecting their national and regional diversity ~~and at the same time ensuring that the conditions necessary for the competitiveness of the Union’s industry exist~~. In this respect, the Union, where necessary, supports and supplements Member States’ actions to respect cultural and linguistic diversity, strengthen the ~~competitiveness of the~~ European cultural and creative sectors as vectors of social and economic development and facilitate adaptation to industrial changes, in particular through vocational training.

2012/06/19
Committee: EMPL

2011/0370(COD)

Proposal for a regulation
Recital 30 a (new)

(30a) In the context of the application of the programme, it is important to monitor the quality of the jobs created in the cultural and creative sectors, since these sectors are often characterised by insecure, unstable labour relations.

2012/06/19
Committee: EMPL

2011/0370(COD)

Proposal for a regulation
Recital 30 b (new)

(30b) The implementation of the programme should be accompanied by dialogue with all stakeholders in the cultural and creative sectors, including actors from civil society and from the non-commercial sector.

2012/06/19
Committee: EMPL

2011/0370(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b

b) to strengthen the ~~competitiveness of the~~ cultural and creative sectors ~~with a view to promoting~~in their entirety in order to participate in European social and economic development and promote smart, sustainable and inclusive growth.

2012/06/19
Committee: EMPL

2011/0370(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c

c) to strengthen the financial capacity of the cultural and creative sectors, and in particular small and medium-sized enterprises and organisations, particularly organisations from the public and non- commercial sectors;

2012/06/19
Committee: EMPL

2011/0344(COD)

Proposal for a regulation
Title

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing for the period 2014 to 2020 the Equality, Rights and Citizenship Programme

2012/07/12
Committee: EMPL

2011/0344(COD)

Proposal for a regulation
Recital 4

(4) Citizens and businesses should also benefit fully from the internal market. Consumers should be able to enjoy the rights deriving from the consumer legislation and businesses should be supported to exercise the freedom to conduct business in the internal market. The development of contract and consumer legislative instruments provides practical solutions for businesses and consumers to address cross-border problems, aiming to offer them more choices and to make it less costly for them to conclude contracts with partners in another Member State, while providing a high level of consumer protection.deleted

2012/07/12
Committee: EMPL

2011/0344(COD)

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation establishes the European Union Programme on Equality, Rights and Citizenship, hereinafter referred to as ‘the Programme’.

2012/07/12
Committee: EMPL

2011/0344(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) to contribute to enhancing the exercise of rights deriving from the citizenship of the Union and from the legislation of the Union for the protection of third country nationals;

2012/07/12
Committee: EMPL

2011/0344(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b

(b) to promote the effective implementation of the principles of non discrimination on ~~the~~any grounds of, including sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation or gender identity, including equality between women and men and the rights of persons with disabilities and of the elderly;

2012/07/12
Committee: EMPL

2011/0344(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point d a (new)

(d a) to promote equality between women and men, including through combating violence against women, children and other groups at risk;

2012/07/12
Committee: EMPL

2011/0344(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point d b (new)

(d b) to promote synergies between the fight against poverty and social exclusion and the fight against discrimination and in favour of greater equality;

2012/07/12
Committee: EMPL

2011/0344(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e

(e) to empower consumers and businesses to trade and purchase in trust within the internal market by enforcing the rights deriving from the Union consumer legislation and by supporting the freedom to conduct business in the internal market through cross-border transactions.deleted

2012/07/12
Committee: EMPL

2011/0344(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c

(c) promoting transnational cooperation and building up of mutual knowledge and mutual trust among all involved stakeholders, including social partners;

2012/07/12
Committee: EMPL

2011/0344(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b

(b) Training activities, such as staff exchanges, workshops, seminars, train-the- trainers events, development of online/other training modules;. These activities should include a gender dimension and an anti-discrimination perspective.

2012/07/12
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Recital 3

(3) In accordance with Article 148(4) of the Treaty on the Functioning of the European Union, the Council adopted guidelines for employment policies on 21 October 2010, which, together with the broad guidelines for the economic policies of the Member States and of the Union adopted in accordance with Article 121 of the Treaty, comprise the Europe 2020 integrated guidelines. The Programme should contribute to a~~pply~~chieving the Europe 2020 integrated guidelines, and in particular Guidelines 7, 8 and 10, while supporting implementation of the flagship initiatives, with special regard to the European Platform against Poverty and Social Exclustargets with special regard to poverty reduction, an ~~Agenda for New Skills and Jobs, and Youth on the Mo~~d employment objectives.

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Recital 4 a (new)

(4a) Progress towards a social and environmental sustainable development in Europe will need the anticipation and development of new skills and competencies, improving the conditions for job creation, the quality of employment and working conditions through accompanying education, labour market and social policies in the transformation of industries and services towards that end. The Programme should therefore contribute to promoting the creation of sustainable 'green' and 'white' high quality employment, the anticipation and development of new skills and competencies for new high quality jobs by linking employment and social policies with industrial and structural policies supporting a transition towards a resource-efficient and low carbon economy. In particular, the Programme should act as a catalyst for exploring the job creation potential of public sector led green and social investments and of local and regional employment initiatives.

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Recital 6

(6) The Union should equip itself with a sound analytical basis, especially focussing on the impact of the crisis, to support policy- making in the employment and social area. Such an evidence base adds value to national action by providing a Union dimension and comparison for data- gathering and the development of statistical tools and methods and common indicators with a view to composing a full picture of the situation in the fields of employment, social policy and working conditions across the Union and ensuring high-quality evaluation of the efficiency and effectiveness of programmes and policies.

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Recital 8

(8) Ensuring that minimum standards are in place and that working conditions improve constantly in the Union is a central feature of Union social policy. The Union has an important role to play both in ensuring that the legislative framework is adapted, in line with ~~‘Smart Regulation’~~'good work' principles, to evolving work patterns and new health and safety risks and in financing measures to improve compliance with ILO labour standards, the UN and ILO 'Decent Work' Agenda and Union rules on the protection of workers' rights.

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Recital 12

(12) EURES' scope should be widened to develop and support targeted mobility schemes at Union level with a view to filling vacancies where labour market shortcomings have been identified. In accordance with Article 47 of the Treaty, the scheme should facilitate mobility among young workers.deleted

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Recital 13

~~(13) The Europe 2020 Strategy, and in particular Guideline 7, identifies self- employment and entrepreneurship as crucial to achieving smart, sustainable and inclusive growth9 .~~deleted

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Recital 16

(16) The Social ~~enterprises are~~Economy is a cornerstone of Europe's ~~pluralist social market economy. They~~social models. It can act as a drivers of social ~~change~~progress by offering innovative solutions, and therefore make a valuable contribution to ~~meeting the objectives of the Europe 2020 Strategy~~promoting inclusive labour markets and social services accessible to all. The programme should improve the social e~~nterprise~~conomy organisations' access to finance ~~and thereby contribute to the Social Business Initiative launched by the Commission11~~ .

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Recital 17

(17) In order to capitalise on the experience of international financial institutions, and in particular the European Investment Bank Group, action involving microfinance and the social e~~ntrepreneurship~~conomy should be implemented by the Commission indirectly by entrusting budget implementations tasks to financial institutions in accordance with the financial regulation. Using Union resources concentrates leverage from ~~international~~ financial institutions and other investors, unifies approaches and thus improves access to finance for micro- enterprises, including the self-employed and social e~~nterprise~~conomy organisations. The Union contribution thus assists in the development of the ~~emerging social business sector~~social economy and the microfinance market in the Union and encourages cross- border activities. The Union's actions should be complementary to the Member States' use of financial instruments for microfinance and the social economy. The entities entrusted with the implementation of the actions should ensure added value and avoid duplication of financing through Union resources.

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Recital 24

(24) Implementing powers should be conferred on the Commission with a view to ensuring there are uniform conditions for implementing actions under the EURES and the Microfinance and Social Entrepreneurship axes of the Programme.deleted

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) ‘'Social e~~nterprise’ means an enterprise whose primary objective is to achieve social impact rather than generate pr~~conomy' means the sector of economic activity producing goods and providing services composed of a set of organisations that do not belong to the public sector or the for-profit private sector. These organisations operate under democratic control of it ~~for owners and stakeholders. It operates in the market through the production of goods and services in an entrepreneurial and innovative way, and uses surpluses mainly to achieve social goals. It is~~s membership, combine the interests of members and users and/or the general interest and use the surpluses of its economic activity in pursuit of sustainable development and social objectives, services of interest to members or to general public, including voluntary not-for-profit organisations that are producers of non-market services for households. Organisations of the social economy (e.g. cooperatives, mutual societies and associations) are managed in an accountable and transparent way, in particular by involving workers, customers and stakeholders affected by ~~its business~~their activityies.

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) The Microfinance and Social E~~ntrepreneurship~~conomy axis, which shall facilitate access to finance for entrepreneurs, especially those furthest from the labour market, and social enterprises. (Horizontal amendment: the term 'Social entrepreneurship' should be replaced with 'Social Economy' through the whole document.)

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) The Microfinance and Social E~~ntrepreneurship~~conomy axis, which shall facilitate access to finance for entrepreneurs, especially those furthest from the labour market, and social e~~nterprises.~~conomy organisations. (Horizontal amendment: the term 'social enterprises' should be replaced with 'social economy organisations ' through the whole document.)

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) The Microfinance and Social E~~ntrepreneurship~~conomy axis, which shall facilitate access to, and increase the availability of, finance for potential entrepreneurs, especially ~~those furthest from the labour market, and social enterprise~~unemployed, socially excluded and vulnerable people, as well as existing micro-enterprises and social economy organisations.

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b

(b) Support the development of adequate, accessible and efficient high quality social protection systems ~~and labour markets and facilitate policy reform, by promoting~~, protecting beneficiaries from poverty, and inclusive labour markets in order to ensure social inclusion and a high level of high-quality employment and facilitate social progress, by promoting participation of all relevant stakeholders, including non-governmental organisations and people experiencing poverty and social exclusion as well as good and decent work, good governance, mutual learning and social innovation;

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c

(c) ~~Modernis~~Improve Union law in line with the ~~Smart Regulation~~"good work" principles and ensure that Union law on matters relating to working conditions is effectively applied;

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)

(ca) Promote the creation of sustainable 'green' and 'white' high quality jobs and the anticipation and development of new skills and competencies towards that end by linking employment and social policies with industrial and structural policies supporting a transition towards a resource-efficient and low carbon economy and a environmental and social sustainable development;

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point d

(d) ~~Promo~~Facilitate workers' voluntary geographical mobility, especially in border regions by supporting cross-border partnerships, cross-border social dialogue and also counselling and information for jobseekers, mobile workers and employers, and boost employment opportunities by developing ~~Union~~high-quality inclusive labour markets that are open and accessible to all;

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e

(e) Promote employment and social inclusion by increasing the availability and accessibility of microfinance for ~~vulnerable groups and~~unemployed, socially excluded and vulnerable people who wish to start up a micro-enterprise as well as for existing micro-enterprises, and by increasing access to finance for the social e~~nterprises.~~conomy organisations;

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a

(a) 60% to the Progress axis, of which at least 1760% shall be allocated to ~~promoting social experimentation as a method for testing and evaluating innovative solutions with a view~~social protection, social inclusion and the reduction and prevention of poverty and at least 15 % to fighting youth unemployment; at least 15% up to a maximum of 17% of the budget for this axis shall be allocated to promoting social policy experimentation; funding shall be made available to scmal~~ing them up;~~ l, medium-sized and large projects alike;

2012/04/26
Committee: EMPL

2011/0270(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point b

(b) 15% to the EURES axis, of which at least 10% shall be allocated to targeted mobility schemes, at least 40% to cross- border partnerships, and at least 20% to the training and qualification of EURES personnel;

2012/04/26
Committee: EMPL

2011/0270(COD)

Sabine WILS, Nikolaos CHOUNTIS, Thomas HÄNDEL

Proposal for a regulation
Article 15 – paragraph 1 – point c

(c) Provide policy-makers with financial support to ~~test social and labour market policy reforms~~anticipate and develop the job creation potential and skills needs for a transition towards a resource-efficient and low carbon economy as well as environmental and social sustainable development, to test social and labour market policies accordingly to deliver on improving the quality of jobs and social protection, build up the main actors' capacity to design and implement social policy experimentation linked to those objectives and social progress, and make the relevant knowledge and expertise accessible;

2012/04/26
Committee: EMPL

2011/0268(COD)

Jürgen KLUTE, Cornelia ERNST, Gabriele ZIMMER, Thomas HÄNDEL, Marisa MATIAS, Vladimír REMEK

Proposal for a regulation
Recital 2

(2) The ESF should improve employment opportunities, promote education and life- long learning ~~and~~, develop active inclusion policies ~~in accordance~~and fight poverty and social exclusion in accordance with Article 9 of the Treaty and 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 poverty and social exclusion, and a high level of education, training and protection of human health.

2012/05/16
Committee: BUDG

2011/0268(COD)

Jürgen KLUTE, Cornelia ERNST, Gabriele ZIMMER, Thomas HÄNDEL, Marisa MATIAS, Vladimír REMEK

Proposal for a regulation
Recital 10

(10) The Member States and the Commission should ensure that the implementation of the priorities financed by the ESF contribute to the promotion of equality between women and men in accordance with Article 8 of the Treaty. Evaluations have shown the importance of taking the gender aspect into account in all dimensions of programmes including their preparation, implementation, monitoring and evaluation in a timely and consistent manner, while ensuring that specific actions are taken to promote gender equality.

2012/05/16
Committee: BUDG

2011/0268(COD)

Jürgen KLUTE, Cornelia ERNST, Gabriele ZIMMER, Thomas HÄNDEL, Marisa MATIAS, Vladimír REMEK

Proposal for a regulation
Recital 17

(17) The Member States and regions should be encouraged to leverage the ESF through financial instruments in order to support for example students, job creation, mobility of workers, social inclusion and social entrepreneurship. The provision of subsidies should always be retained as an option and it should be the responsibility of those involved on the ground to use the funding mix best suited to regional needs.

2012/05/16
Committee: BUDG

2011/0268(COD)

Jürgen KLUTE, Cornelia ERNST, Gabriele ZIMMER, Thomas HÄNDEL, Marisa MATIAS, Vladimír REMEK

Proposal for a regulation
Article 2 – paragraph 2

2. It shall do so by supporting Member States in pursuing ~~the priorities and~~at least the headline targets of the Europe 2020 strategy for smart, sustainable and inclusive growth. The ESF shall support the design and implementation of policies and actions, taking account of the ~~integrated guidelines for the economic and employment policies of Member States and the Council Recommendations on the National Reform Programmes~~concept of 'good work' and ensuring that activities supported by the ESF contribute to implementing the UN and ILO Decent Work Agenda in all its aspects. All policies and actions supported by the ESF shall strictly respect International Labour Standards and ILO Conventions, and in particular the commitment to promote full, productive and freely chosen employment as laid down by ILO Convention No. 122.

2012/05/16
Committee: BUDG

2011/0268(COD)

Jürgen KLUTE, Cornelia ERNST, Gabriele ZIMMER, Thomas HÄNDEL, Marisa MATIAS, Vladimír REMEK

Proposal for a regulation
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 ~~identifi~~posed inby the ~~National Reform Programmes and the relevant Council Recommendations made under Article 148(4) of the Treaty~~transition towards environmental and socially sustainable development, in order to contribute to achieving at least the headline targets of the Europe 2020 strategy on employment, education and poverty reduction.

2012/05/16
Committee: BUDG

2011/0268(COD)

Jürgen KLUTE, Cornelia ERNST, Gabriele ZIMMER, Thomas HÄNDEL, Marisa MATIAS, Vladimír REMEK

Proposal for a regulation
Article 4 – paragraph 2

2. At least 230 % of the total ESF resources in each Member State shall be allocated to the thematic objective ‘promoting social inclusion and combating poverty’ set out in Article 9(9) of Regulation (EU) No […].

2012/05/16
Committee: BUDG

2011/0268(COD)

Jürgen KLUTE, Cornelia ERNST, Gabriele ZIMMER, Thomas HÄNDEL, Marisa MATIAS, Vladimír REMEK

Proposal for a regulation
Article 16 a (new)

Article 16a Specific provisions on conditionalities For the purposes of this Regulation: (a) by way of derogation from Article 17(5) of Regulation (EU) No [...] , ex ante conditionalities shall not apply to the suspension of payments from the ESF; (b) by way of derogation from Article 21 of Regulation (EU) No [...], conditionality linked to the coordination of Member States' economic policies shall not apply to the suspension of payments from the ESF.

2012/05/16
Committee: BUDG

2011/0092(CNS)

Proposal for a directive
Recital 18 a (new)

(18a) This Directive is intended to facilitate the over-arching goals of the Union's energy and climate policies. The introduction of the aviation sector into the EU Emission Trading Scheme through Directive 2008/101/EC is a reflection of the ambition to reduce greenhouse gas emissions from this sector. In the event that, by 31 December 2011, no international agreement has been reached that includes international maritime emissions and contains ambitious reduction targets, the Commission should make a proposal to include such emissions within the Union's greenhouse gas reduction commitment. Taxing energy products used in aviation and maritime activities in the same manner as other energy products is essential for the energy independence of the Union and as an incentive for energy efficiency. Steps must be taken to ensure that the application of these taxation measures will not be paid for by consumers, i.e. that the cost will not be passed on to them.

2011/12/01
Committee: ECON

Proposal for a directive
Recital 1 a (new)

(1a) On the other hand, the existence of 27 different corporate tax systems offers companies that operate across borders considerable scope for tax avoidance and tax evasion. This state of affairs is imposing a substantial burden on state budgets. It also runs counter to the priorities set in the Commission Communication of 3 March 2010 entitled 'Europe 2020 – A strategy for smart, sustainable and inclusive growth' and cannot be reconciled with the requirements of a social market economy.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 1 b (new)

(1b) National budgets are facing the ever more serious consequences of the ruinous tax competition among the EU Member States. Excessive state indebtedness is one of the main causes of the current economic and financial crisis. For that reason, the introduction of a lower limit of 25 % for corporation tax is both objectively justified and appropriate. Since the Member States' freedom to set taxes would not otherwise be affected, such a step would be consistent with the subsidiarity principle.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 4

(4) A system ~~allowing~~under which companies to treat the Union as a single market for the purpose of corporate tax would facilitate cross-border activity for companies resident in the Union and would promote the objective of making the Union a more competitive location for investment internationally. Such a system would best be achieved by ~~enabl~~requiring groups of companies with a taxable presence in more than one Member State to settle their tax affairs in the Union according to a single set of rules for calculation of the tax base and to deal with a single tax administration ('one-stop-shop'). These rules should also be made available to entities subject to corporate tax in the Union which do not form part of a group.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
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 fundamentally affect the discretion of Member States regarding their national rate(s) of company taxation, provided that the minimum rates of taxation set in the Union are not undercut.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
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, accompany~~ and to prevent tax evasion and tax avoidance more effectively, it should be a mandatory scheme, replacing the existing national corporate tax systems for the companies in question.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 11

(11) Income consisting in dividends, the proceeds from the disposal of shares held in a company outside the group and the profits of foreign permanent establishments should be exempt. In giving relief for double taxation most Member States exempt dividends and proceeds from the disposals of shares since it avoids the need of computing the taxpayer's entitlement to a credit for the tax paid abroad, in particular where such entitlement must take account of the corporation tax paid by the company distributing dividends. The exemption of income earned abroad meets the same need for simplicity.deleted

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 12

(12) Income consisting in interest and royalty payments ~~should be taxable, with credit for withholding tax paid on such payments. Contrary to the case of dividends, there is no difficulty in computing such a credit~~, dividends, proceeds from the sale of shares in a company not belonging to the group and profits generated by plants located abroad should be taxable, with credit for withholding tax paid on such payments.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 13

(13) Taxable revenues should be reduced by business expenses and certain other items. Deductible business expenses should normally include all costs relating to sales and expenses linked to the production, maintenance and securing of income. Deductibility should be extended to costs of research and development, provided that the money saved is used to procure or manufacture economic goods, and costs incurred in raising equity or debt for the purposes of the business. There should also be a list of non-deductible expenses.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 15

(15) Taxpayers should be allowed to carry losses forward ~~indefinitely~~for a maximum of seven years, but no loss carry-back should be allowed. The deductibility of losses carried forward should be limited to a set percentage of annual income. Since carry- forward of losses is intended to ensure that a taxpayer pays tax on its real income, ~~there is n~~but also to make state income from corporation tax more consistent and calculable and to prevent tax evasion ~~to place a time limit on carry forw~~and fraud in connection with the setting-off against tax of revenue from plants and subsidiaries in third countries, a time limit and a minimum rate of taxation are necessardy. Loss carry back is relatively rare in the practice of the Member States, and leads to excessive complexity.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 16

(16) Eligibility for consolidation (group membership) should be determined in accordance with a two-part test based on (i) control (more than 520% of voting rights) and (ii) ownership (more than 725% of equity) or rights to profits (more than 725% of rights giving entitlement to profit). Such a test ensures a ~~high~~sufficient level of economic integration between group members, as indicated by a relation of control and a ~~high~~corresponding level of participation. ~~The two thresholds should be met throughout the tax year; otherwise, the company should leave the group immediately.~~ There should also be a nine- month minimum requirement for group membership.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 18

(18) When withholding taxes are charged on interest, dividends and royalty payments made by taxpayers, the proceeds of such taxes should be shared according to the formula of that tax year. When withholding taxes are charged on dividends distributed by taxpayers, the proceeds of such taxes should not be shared since, contrary to interest and royalties, dividends have not led to a previous deduction borne by all group companies.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 20

(20) The system should include a general anti-abuse rule, supplemented by measures designed to curb specific types of abusive practices. These measures should include ~~limitations~~a ban on the deductibility of interest paid to associated enterprises resident for tax purposes in a low-tax country outside the Union which does not exchange information with the Member State of the payer based on an agreement comparable to Council Directive 2011/16/EU concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums and rules on controlled foreign companies.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 21

(21) The formula for apportioning the consolidated tax base should comprise three equally weighted factors (labour, assets and sales). The labour factor should be computed on the basis of payroll and the number of employees (each item counting for half). The asset factor should consist of all fixed tangible assets. Intangibles and financial assets should be excluded from the formula due to their mobile nature and the risks of circumventing the system. The use of these factors is designed to gives appropriate weight to the interests of the Member State of origin. Finally, sales should be taken into account in order to ensure fair participation of the Member State of destination. TEvery three years those factors and weightings should be assessed in order to determine whether they ensure that profits are taxed where they are earned. As an exception to the general principle, where the outcome of the apportionment does not fairly represent the extent of business activity, a safeguard clause provides for an alternative method.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Recital 23

(23) Groups of companies should be able to deal with a single tax administration ('principal tax authority'), which should be that of the Member State in which the parent company of the group ('principal taxpayer') is resident for tax purposes. The activities of the Member States' tax authorities should be coordinated, supported and assessed by a European Tax Authority. This Directive should also lay down procedural rules for the administration of the system. It should also provide for an advance ruling mechanism. Audits should be initiated ~~and coordinated~~ by the principal tax authority but the authorities of any Member State in which a group member is subject to tax may ~~request~~insist on the initiation of an audit. TDisputes between the competent authority of the Member State in which a group member is resident or established ~~may challenge a decision of~~and the principal tax authority ~~concerning the notice to opt or an amended assessment before the courts of the Member State of the principal tax authority~~shall be dealt with by the European Tax Authority, which is competent to hear appeals at first instance. Disputes between taxpayers and tax authorities should be dealt with by an administrative body which is competent to hear appeals at first instance according to the law of the Member State of the principal tax authority.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 1 – paragraph 1

This Directive establishes a system for a common base for the taxation of certain companies and groups of companies and a minimum European rate of corporation tax and lays down rules relating to the calculation and use of that base.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 4 – paragraph 1 – point 15

(15) 'financial assets' means shares in affiliated undertakings, loans to affiliated undertakings, participating interests, loans to undertakings with which the company is linked by virtue of participating interests, investments held as fixed assets, other loans, and own shares to the extent that ~~national law permits~~uniform Union rules authorise their being shown in the balance sheet;

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Chapter 3 – title

~~OPTING FOR~~TAXPAYERS COVERED BY THE SYSTEM PROVIDED FOR BY THIS DIRECTIVE

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 6 – title

~~Opting~~Taxpayers

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 6 – paragraph 1

1. A company to which this Directive applies which is resident for tax purposes in a Member State ~~may opt fo~~shall be a taxpayer under the system provided for by this Directive under the conditions provided for therein.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 6 – paragraph 2

2. A company to which this Directive applies which is not resident for tax purposes in a Member State ~~may opt fo~~shall be a taxpayer under the system provided for by this Directive under the conditions laid down therein in respect of a permanent establishment maintained by it in a Member State.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 7 – paragraph 1

Where a company qualifies ~~and opts~~ for the system provided for by this Directive and is therefore a taxpayer it shall cease to be subject to the national corporate tax arrangements in respect of all matters regulated by this Directive unless otherwise stated.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 10a (new)

Minimum rate of taxation A minimum rate of taxation of corporations shall apply on the territory of the European Union. The nominal rate must not, however, be less than 25 %. Member States shall otherwise be free to set rates.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 11 – paragraph 1 – point c

~~c) received profit distributions;~~deleted

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 11 – paragraph 1 – point d

d~~) proceeds from a disposal of shares;~~eleted

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 11 – paragraph 1 – point e

~~e) income of a permanent establishment in a third country.~~deleted

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 12 – paragraph 1

Deductible expenses shall include all costs of sales and expenses net of deductible value added tax incurred by the taxpayer with a view to obtaining or securing income, including costs of research and development, provided the money saved is used to procure or manufacture economic goods, and costs incurred in raising equity or debt for the purposes of the business.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 39 – paragraph 1

1. Fixed assets other than those referred to in Articles 36 and 40 shall be depreciated together in one asset pool at an annual rate of 250% of the depreciation base.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 43 – paragraph 1

1. A loss incurred by a taxpayer or a permanent establishment of a non-resident taxpayer in a fiscal year may be deducted in the seven subsequent tax years, unless otherwise provided by this Directive. Above a threshold figure of EUR 1 million, the loss carried forward shall be limited to 60% of annual income in excess of EUR 1 million.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 44 – paragraph 1

When a taxpayer ~~opts to appl~~is covered by the system provided for by this Directive, all assets and liabilities shall be recognised at their value as calculated according to national tax rules immediately prior to the date on which it begins to apply the system, unless otherwise stated in this Directive.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 46 – paragraph 1

Revenues and expenses which pursuant to Article 24(2) and (3) are considered to have accrued or been incurred before the taxpayer ~~opted into~~was covered by the system provided for by this Directive but were not yet included in the tax base under the national corporate tax law previously applicable to the taxpayer shall be added to or deducted from the tax base, as the case may be, in accordance with the timing rules of national law.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 46 – paragraph 2

Revenues which were taxed under national corporate tax law before the taxpayer ~~opted into~~was covered by the system in an amount higher than that which would have been included in the tax base under Article 24(2) shall be deducted from the tax base.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 47 – paragraph 1

1. Provisions, pension provisions and bad- debt deductions provided for in Articles 25, 26 and 27 shall be deductible only to the extent that they arise from activities or transactions carried out after the taxpayer ~~opted into~~was covered by the system provided for by this Directive.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 47 – paragraph 2

2. Expenses incurred in relation to activities or transactions carried out before the taxpayer ~~opted into~~was covered by the system but for which no deduction had been made shall be deductible.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 48 – paragraph 1

Where a taxpayer incurred losses before ~~opting into~~ the system provided for by this Directive applied to it which could be carried forward under the applicable national law but had not yet been set off against taxable profits, those losses may be deducted from the tax base to the extent provided for under that national law.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 49 – paragraph 1

When ~~a taxpayer leaves~~the legal form of an undertaking changes so that it is no longer covered by the provisions of the system provided for by this Directive, its assets and liabilities shall be recognised at their value as calculated according to the rules of the system, unless otherwise stated in this Directive.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 50 – paragraph 1

When ~~a taxpayer leaves~~the legal form of an undertaking changes so that it is no longer covered by the provisions of the system provided for by this Directive, its asset pool under the system provided for by this Directive shall be recognised, for the purpose of the national tax rules subsequently applicable, as one asset pool which shall be depreciated on the declining balance method at an annual rate of 25%.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 51 – paragraph 1

~~After the taxpayer leaves~~When the legal form of an undertaking changes so that it is no longer covered by the provisions of the system, revenues and expenses arising from long- term contracts shall be treated in accordance with the national corporate tax law subsequently applicable. However, revenues and expenses already taken into account for tax purposes in the system provided for by this Directive shall not be taken into account again.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 52 – paragraph 1

~~After the taxpayer leaves~~If the legal form of an entity changes so that it is no longer covered by the provisions of the system provided for by this Directive, expenses which have already been deducted in accordance with Articles 25 to 27 may not be deducted again.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 54 – paragraph 1 – point a

(a) a right to exercise more than 520% of the voting rights;

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 54 – paragraph 1 – point b

(b) an ownership right amounting to more than 725% of the company’s capital or more than 725% of the rights giving entitlement to profit.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 54 – paragraph 2 – point b

(b) entitlement to profit and ownership of capital shall be calculated by multiplying the interests held in intermediate subsidiaries at each tier. Ownership rights amounting to 725% or less held directly or indirectly by the parent company, including rights in companies resident in a third country, shall also be taken into account in the calculation.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 72

Exemption with progression Without prejudice to Article 75, revenue which is exempt from taxation under Article 11(c), (d) or (e) may be taken into account in determining the tax rate applicable to a taxpayer.deleted

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 73

Switch-over clause Article 11(c), (d) or (e) shall not apply where the entity which made the profit distributions, the entity the shares in which are disposed of or the permanent establishment were subject, in the entity’s country of residence or the country in which the permanent establishment is situated, to one of the following: (a) a tax on profits, under the general regime in that third country, at a statutory corporate tax rate lower than 40% of the average statutory corporate tax rate applicable in the Member States; (b) a special regime in that third country that allows for a substantially lower level of taxation than the general regime. The average statutory corporate tax rate applicable in the Member States shall be published by the Commission annually. It shall be calculated as an arithmetic average. For the purpose of this Article and Articles 81 and 82, amendments to the rate shall first apply to taxpayers in their tax year starting after the amendment.deleted

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 81 – paragraph 1 – point a

(a) a tax on profits is provided for, under the general regime in the third country, at a statutory corporate tax rate lower than ~~40% of the average statutory corporate tax rate applicable in the Member States~~the minimum corporate tax rate provided for by this Directive;

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 81 – paragraph 3 – introductory part

3. ~~Notwithstanding paragraph 1, i~~Interest paid to an entity resident in a third country with which there is no agreement on the exchange of information comparable to the exchange of information on request provided for in Directive 2011/16/EU shall ~~be deductible, in an amount not exceeding that which would be stipulated between independent enterprises, where one of the following conditions is met:~~not be deductible.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 81 – paragraph 3 – point a

~~(a) the amount of that interest is included in the tax base as income of the associated enterprise in accordance with Article 82;~~deleted

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 81 – paragraph 3 – point b

~~(b) the interest is paid to a company whose principal class of shares is regularly traded on one or more recognized stock exchanges;~~deleted

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 81 – paragraph 3 – point c

(c) the interest is paid to an entity engaged, in its country of residence, in the active conduct of a trade or business. This shall be understood as an independent economic enterprise carried on for profit and in the context of which officers and employees carry out substantial managerial and operational activities.deleted

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 82 – paragraph 1 – introductory part

1. The tax base shall, proportionately, include the non- distributed income of an entity resident in a third country where the following conditions are met:

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 82 – paragraph 1 – point a

(a) the taxpayer by itself, or together with its associated enterprises, holds a direct or indirect participation of more than 520% of the voting rights, or owns more than 520% of capital or is entitled to receive more than 520% of the profits of that entity;

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 82 – paragraph 1 – point b

(b) under the general regime in the third country, profits are taxable at a statutory corporate tax rate lower than ~~40% of the averag~~the statutory minimum corporate tax rate ~~applicable in the Member States~~, or the entity is subject to a special regime that allows for a substantially lower level of taxation than that of the general regime;

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 90 – paragraph 3

3. The definition of an employee shall be determined ~~by the national law of the Member State where the employment is exercised~~at EU level.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 94 – paragraph 1

1. Land and other non-depreciable fixed tangible assets shall be valued at their ~~original cost~~current market value.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 104 – title

Notice ~~to opt~~concerning the applicability of the system

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 104 – paragraph 1 – subparagraph 1

A single taxpayer shall ~~opt for~~be subject to the system provided for by this Directive ~~by giving notice to~~as a result of a notification to that effect by the competent authority of the Member State in which it is resident or, in respect of a permanent establishment of a non-resident taxpayer, that establishment is situated. In the case of a group, the principal tax~~payer~~ authority shall give ~~notice, on behalf of the group, to the principal tax authority~~the notification.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 104 – paragraph 1 – subparagraph 2

Such notice shall be given at least three months before the beginning of the tax year in which the taxpayer or the group wis~~hes~~ required to begin applying the system.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 104 – paragraph 2

2. The notice ~~to opt~~ shall cover all group members. However, shipping companies subject to a special taxation regime may be excluded from the group.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 104 – paragraph 3

3. The principal tax authority shall transmit the notice ~~to opt~~ immediately to the competent authorities of all Member States in which group members are resident or established. Those authorities may submit to the principal tax authority, within one month of the transmission, their views and any relevant information on the validity and scope of the notice ~~to opt~~.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 105 – paragraph 1

1. When the notice ~~to opt~~ has been ~~accept~~delivered, a single taxpayer or a group, as the case may be, shall apply the system provided for by this Directive for five tax years. Following the expiry of that initial term, the single taxpayer or the group shall continue to apply the system for successive terms of three tax years unless the tax authority gives notice of termination. A notice of termination may be given by ~~a taxpayer to its competent~~the tax authority or, in the case of a group, by the principal ~~taxpayer to the principal~~ tax authority in the three months preceding the end of the initial term or of a subsequent term.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 105 – paragraph 2

2. ~~Where a taxpayer or a non-taxpayer joins a group, the term of the group shall~~Does not be affected. Where a group joins another group or two or more groups merge, the enlarged group shall continue to apply the system until the later of the expiry dates of the terms of the groups, unless exceptional circumstances make it more appropriate to apply a shorter period the English version.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 106 – title

Information in the notice ~~to opt~~

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 106 – paragraph 1 – introductory part

The following information shall be included in the notice ~~to opt~~:

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 106 – paragraph 2

The Commission ~~may~~shall adopt an act establishing a standard form of the notice ~~to opt~~. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 131(2).

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 107 – title

Control of the notice ~~to opt~~

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 107 – paragraph 1

1. The competent authority to which the notice ~~to opt~~ is validly submitted shall examine whether, on the basis of the information contained in the notice, the group fulfils the requirements of this Directive. Unless the notice is rejected within three months of its receipt, it shall be deemed to have been accepted.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 107 – paragraph 2

2. Provided that the taxpayer has fully disclosed all relevant information in accordance with Article 106, any subsequent determination that the disclosed list of group members is incorrect shall not invalidate the notice ~~to opt~~. The notice shall be corrected, and all other necessary measures shall be taken, from the beginning of the tax year when the discovery is made. Where there has not been full disclosure, the principal tax authority, in agreement with the other competent authorities concerned, may invalidate the original notice ~~to opt~~.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 108 – paragraph 2

2. In the year in which it joins an existing group, a taxpayer shall bring its tax year into line with that of the group. The apportioned share of the taxpayer for that tax year shall be calculated proportionately having regard to the number of calendar months during which the company belonged to the groupDoes not affect the English version.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 108 – paragraph 4

4. ~~Where a single taxpayer joins a group, it shall be treated as though its tax year terminated on the day before joining~~Does not affect the English version.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 115 – title

Central authority for the coordination and management of a central data base

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 115 – paragraph -1 (new)

A central tax authority for the European Union shall be established. It shall coordinate the activities of the tax authorities of the Member States in accordance with this Directive and shall manage a central data base.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 115 – paragraph 1

The consolidated tax return and supporting documents filed by the principal taxpayer shall be stored on athis central data base, to which all the competent authorities shall have access. The central data base shall be regularly updated with all further information and documents and all decisions and notices issued by the principal tax authority.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 116 – paragraph 2

In exceptional circumstances the competent tax authorities of the Member States in which the members of a group are resident or in which they have a permanent establishment may, within six months of the notice ~~to opt~~ or within six months of a reorganisation involving the principal taxpayer, decide by common agreement that a taxpayer other than the taxpayer designated by the group shall be the principal taxpayer.

2011/12/12
Committee: ECON

2011/0058(CNS)

Article 122 – paragraph 1 – subparagraph 1

The principal tax authority may initiate ~~and coordinate~~ audits of group members. They shall be coordinated by the European tax authority. An audit may also be initiated on the request of a competent authority or the European tax authority.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 122 – paragraph 3

3. The ~~principal~~European tax authority shall compile the results of all audits.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 123 – paragraph 1

1. Where the competent authority of the Member State in which a group member is resident or established disagrees with a decision of the principal tax authority made pursuant to Articles 107 or Article 114 paragraphs (3), (5) or (6) second subparagraph, it may challenge that decision ~~before the courts of the Member State of the principal tax authority within a period of three months~~in the first instance before the European tax authority and thereafter before the Court of Justice of the European Union.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 123 – paragraph 2

~~2. The competent authority shall have at least the same procedural rights as a taxpayer enjoys under the law of that Member State in proceedings against a decision of the principal tax authority.~~deleted

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 124 – paragraph 1 – subparagraph 1 – point a

(a) a decision rejecting a notice ~~to opt~~;

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 127 – paragraph 2

2. As soon as the Commission adopts a delegated act, it shall notify it to the European Parliament and the Council.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 128 – paragraph 1

1. The delegation of powers referred to in Articles 2, 14, 34 and 42 may be revoked at any time by the European Parliament or by the Council.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 129 – paragraph 1

1. The European Parliament and the Council may object to a delegated act within a period of three months from the date of notification.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 129 – paragraph 2 – subparagraph 1

If, on ~~the~~ expiry of this period, neither the European Parliament nor the Council has ~~not~~ objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 129 – paragraph 2 – subparagraph 2

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council hasve informed the Commission of ~~its~~their intention not to raise objections.

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 130

~~Informing the European Parliament The European Parliament shall be informed of the adoption of~~ delegated ~~acts by the Commission of any objection formulated to them, or the revocation of the delegation of powers by the Council.~~

2011/12/12
Committee: ECON

2011/0058(CNS)

Proposal for a directive
Article 133 – paragraph 1

The Commission shall, ~~fiv~~three years after the entry into force of this Directive, review its application and report to the European Parliament and 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 and of the consolidation provisions.

2011/12/12
Committee: ECON

2010/2239(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Emphasises that demographic change is a prognosis relying on statistical probability and that, as the recent crisis has shown, it is not possible to establish enough criteria to predict future developments;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 b (new)

1b. Emphasises that life expectancy is contingent on multiple factors, that working conditions and safety at work are decisive, and that, therefore, special account needs to be taken of forms of employment involving a high degree of psychic and physical stress;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 c (new)

1c. Considers that, while birth rates are expected to decline, economic productivity is steadily increasing and is likely to offset future costs for pension schemes;

2011/01/10
Committee: EMPL

2010/2239(INI)

Draft opinion
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 objective of a reform should be to ensure adequate retirement income for all;

2010/12/10
Committee: ECON

2010/2239(INI)

Motion for a resolution
Paragraph 1 e (new)

1e. Emphasises that, not only in times of economic crisis, private pension funds and occupational pensions are subject to market developments and, as a result, face the risk of losses owing to market fluctuations and possible insolvencies; notes, further, that there is no evidence that better regulation can eliminate these risks;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 f (new)

1f. Points out that more and more atypical working arrangements and increasing levels of temporary employment are leading to extremely low wages, a state of affairs which simply excludes many employees from third-pillar pension schemes and makes them vulnerable to old-age poverty;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 g (new)

1g. Points out that occupational pension schemes are almost exclusively offered in large enterprises and that employees in SMEs are mostly excluded from any such arrangement;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 h (new)

1h. Points out that occupational pensions can often not be transferred to other enterprises and to other Member States;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 i (new)

1i. Points out that the unemployed are excluded from occupational pension schemes and cannot afford to invest in private pension funds, making them extremely vulnerable to old-age poverty;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 j (new)

1j. Points out that a shift from pay-as- you-go pension systems to contribution- based systems implies a shift of risk from the community to individual workers; notes that pay-as-you-go pension systems are safeguarded by the principle of 'solidarity between generations' and hence safer than private pension schemes;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 k (new)

1k. Notes that the impact of the economic crisis (increase in large-scale unemployment, dismissals of older employees and increasing prevalence of precarious working conditions) has undermined the sustainability of pension systems;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 l (new)

1l. Emphasises that, as part of the exchange of best practices under the Open Method of Coordination (OMC) in the employment sphere macro-economic differences between the Member States should be duly taken into account when dealing with micro-economic measures;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 m (new)

1m. Explicitly rejects the assumption that national budget constraints caused by the economic crisis justify the cutting of pension entitlements; emphasises that only increased revenue can offset losses to state budgets generated by the collapse of the capital markets;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 n (new)

1n. Emphasises that pension schemes should not only prevent old-age poverty, but generally guarantee the preservation of a decent standard of living;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 1 o (new)

1o. Calls on the Council to agree an EU target for minimum wages (statutory, collective agreements at national, regional or sectoral level) which provide for remuneration amounting to at least 60% of the relevant (national, sectoral, etc.) average wage in order to enable more employees to secure individual pension entitlements above the poverty threshold;

2011/01/10
Committee: EMPL

2010/2239(INI)

Draft opinion
Paragraph 6

6. Believes that the EU has a strong role to play in developing a definition of a~~n adequate~~ decent retirement benefit, in the form of a set of goods and services that older people need to enjoy for a ~~dec~~n independent life;

2010/12/10
Committee: ECON

2010/2239(INI)

Draft opinion
Paragraph 7

7. Recognises that there is no perfect pension system, but is convinced that a balanced multi pillar system of public, work related and private as well as funded and unfunded should be found; is of the opinion that each Member State should define a minimum target income level after retirement of 60% of their respective national median equalised income so as to avoid raising poverty among ~~ageing population~~the elderly;

2010/12/10
Committee: ECON

2010/2239(INI)

Motion for a resolution
Paragraph 4 a (new)

4a. Points out that decent pension schemes should be a cornerstone of EU policy, as they can play a decisive role in achieving social progress and implementing the social market economy;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 4 b (new)

4b. Emphasises that decent, safe pension schemes which prevent poverty are vital elements in the fight against social exclusion and discrimination and in the promotion of social justice and social protection, gender equality, and solidarity between generations;

2011/01/10
Committee: EMPL

2010/2239(INI)

Draft opinion
Paragraph 11

~~11. Considers that the increase in retirement age needs to be correlated with life expectancy and working conditions;~~deleted

2010/12/10
Committee: ECON

2010/2239(INI)

Draft opinion
Paragraph 11 a (new)

11a. Stresses that if the EU is to reach agreement on a set of rules or a code of conduct, the way to guarantee providers’ security will be through the general exclusion of high-risk products such as leverage products, hedge funds, private equity, naked short sales and credit default swaps not based on real transactions;

2010/12/10
Committee: ECON

2010/2239(INI)

Motion for a resolution
Paragraph 10 a (new)

10a. Invites the Council to agree on a guarantee for minimum pensions above the Union’s at-risk-of poverty threshold of 60% of national median equalised income, in order to prevent old-age poverty and to save elderly people from falling into means-tested minimum income schemes;

2011/01/10
Committee: EMPL

2010/2239(INI)

Draft opinion
Paragraph 14 a (new)

14a. Ponts out that the shift from defined- benefit to defined-contribution systems fostered by the IAS/IFRS accounting standards, and in particular by IAS 19, runs counter to the aim of sustainable, reliable retirement pension provision; these accounting standards must therefore not be applied when calculating the solvency capital of IORPs and the scope of the Solvency II rules must not be extended to cover IORPs;

2010/12/10
Committee: ECON

2010/2239(INI)

Motion for a resolution
Paragraph 10 b (new)

10b. Deplores the fact that the Green Paper does not take into account the challenges of social exclusion and social inequality;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 10 c (new)

10c. Deplores the fact that the Green Paper does not offer specific solutions for vulnerable groups, such as women, the long-term unemployed, young people, people with precarious employment contracts, migrants, ethnic minorities, people with disabilities, or people who take on responsibilities as carers;

2011/01/10
Committee: EMPL

2010/2239(INI)

Draft opinion
Paragraph 20 a (new)

20a. Calls for consideration to be given to the scope for employing the proven German system of the Pension Guaranty Association, to which pension funds are also required to make contributions, in other Member States and, possibly, to taking over some of its criteria as the basis for European rules; the Association is an organisation set up by the employers themselves in order to improve safeguards against the insolvency of occupational retirement pension schemes;

2010/12/10
Committee: ECON

2010/2239(INI)

Draft opinion
Paragraph 22 a (new)

22a. Takes the view that workers should be provided with information about the costs, fees and risks linked to the conclusion of contracts for additional pension provision;

2010/12/10
Committee: ECON

2010/2239(INI)

Motion for a resolution
Paragraph 15 a (new)

15a. Recommends the deletion of Article 5 (2) of Directive 2004/113/EC in order to rule out gender-related discrimination in access to pension schemes, and to promote gender-neutral payments;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 15 b (new)

15b. Recommends the abandonment of lengthy contribution periods and minimum retirement ages in order to allow for the creation of decent pension entitlements for employees working part time, and for young employees from the first day of their working lives;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 16 a (new)

16a. Rejects the automatic linkage of the statutory retirement age to life expectancy;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Member States to use the EU Year of Active Ageing, 2012, to engage in cooperation with the social partners and, with the support of the European Foundation for the Improvement of Living and Working Conditions, to develop recommendations concerning the creation of high-quality jobs and the reduction of physical and mental stress for employees, thus enabling them to work until existing statutory retirement ages and making it unnecessary to raise those ages further;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 17 b (new)

17b. Calls on the Member States to provide employers with information and to offer them advice with the aim of reducing prejudices concerning the employment of older persons (for example advice concerning health training, ergonomic changes to working routines, and working conditions that safeguard older employees' health and their ability to work);

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 19 a (new)

19a. Calls on the EU to make the adequacy and sustainability of pension schemes a part of the 2020 strategy so as to ensure that the employment and growth strategy supports the EU's efforts to achieve its social cohesion goals;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 24

24. Considers that, because of the diversity and complexity of the various second-pillar systems, conditions need to be laid down concerning the portability of acquired pension entitlements in the sense that portability begins when new contracts are concluded, 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 accumulat~~stresses that, first and foremost, the question of equal treatment in terms of the taxation of pension entitlements must be clarified;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 32

32. Is concerned about the inadequate information provided to the public by public authorities and bodies administering pensions concerning ~~the~~ necessity, possibilities, accumulated entitlements, likely results and actual state of affairs with regard to old-age pensions; calls on the Commission and Member States to launch campaigns to enable and encourage ~~members of the public~~citizens to take measures to ensure adequate pension provision for themselves; stresses that citizens have to be provided with information regarding actual costs and charges when concluding additional pension scheme contracts;

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 35 a (new)

35a. Recommends that the EU should develop a system of reporting for Member State national data that should also comprise medium-term and long-term developments and progress in the safeguarding of poverty-preventing, sustainable and adequate pension schemes; new indicators should give a differentiated picture of the social situation of people receiving old-age pensions and of the years before they retired (i.e. employees with a migrant background, employees from small enterprises, etc.);

2011/01/10
Committee: EMPL

2010/2239(INI)

Motion for a resolution
Paragraph 35 b (new)

35b. Stresses that, should consideration be given to enacting an EU regulation governing occupational and/or private pension scheme, pension schemes should not be allowed to make high-risk investments, such as in leveraged products, private equity, naked short selling, and credit default swaps (CDS), that are not based on real business transactions;

2011/01/10
Committee: EMPL

2010/2234(INI)

Motion for a resolution
Paragraph 3

3. Calls on the Member States to ensure that vocational education and training are geared more closely to the ngoal of helping employeeds ~~of the labour market~~secure the necessary qualifications to participate in working life and changing the employment system to make it fit for the future;

2010/12/16
Committee: EMPL

2010/2234(INI)

Motion for a resolution
Paragraph 8

8. Welcomes the aim of the Europe 2020 strategy whereby vocational education systems are to be ~~oriented towards creativity, innovation, and entrepreneurial thinking and self-employment is to be viewed as a career option~~strengthened, and calls on the Member States to gear those systems towards broad-based qualifications, participation and the humanisation of work;

2010/12/16
Committee: EMPL

2010/2234(INI)

Motion for a resolution
Paragraph 10

10. Calls on the Member States to allow for the growing need for upskilling by setting up advice centres to help workers plan the necessary vocational training; calls on employers to offer opportunities for upskilling and asks the Member States to lay down a binding framework for this purpose;

2010/12/16
Committee: EMPL

2010/2234(INI)

Motion for a resolution
Paragraph 11

11. Calls on the Commission to devise ~~a lifelong learning checklist to encourage~~instruments to encourage and provide effective support for workers to systematically pursue lifelong learning on their own initiative and regularly review what skills they need to continue to operate successfully on the labour market;

2010/12/16
Committee: EMPL

2010/2234(INI)

Motion for a resolution
Paragraph 16

16. Maintains that vocational secondary and post-secondary education institutions should also become involved in the training sphere, a point which applies particularly to post-secondary institutions offering courses to upgrade specialist skills~~, especially for MINT professions (mathematics, informatics, natural sciences, and technology); points out, however, that competition with private providers must not be distorted~~;

2010/12/16
Committee: EMPL

2010/2234(INI)

Motion for a resolution
Paragraph 21

21. Welcomes the Commission proposal to organise education and training offerings in modular form; calls, however, for the integral nature of a broad vocational qualification to be preserved as an absolute priority and for the individual modules to be clearly defined and provision made for the necessary means of comparison;

2010/12/16
Committee: EMPL

2010/2162(INI)

Draft opinion
Paragraph 1 – point 4 a (new)

4 a. Points out that according to the Eurostat at-risk-of poverty indicator, in 2008 nearly 85 million persons in the European Union were at-risk-of poverty , and that according to the indicator ‘material deprivation’ it is estimated that the respective figure would rise to 120 million persons; considers that from the Council's decision on poverty-indicators there may arise ambiguities concerning the overall reduction target of lifting 20 million persons out of poverty and exclusion by 2020 (reduction of 23.5 % according to Eurostat at-risk-of poverty indicator, but only 16.7 % according to ‘material deprivation’);

2010/10/07
Committee: EMPL

2010/2162(INI)

Draft opinion
Paragraph 1 – point 5

5. Points out that, according to the European Parliament's study 'Social protection as an Economic Stabilizer', social protection and social policy make important contributions to lessening the depth and duration of the recession by stabilising labour markets and consumption, ~~and~~ that the social protection system is a stabiliser on both the revenue and the expenditure side., and that evidence indicates that social spending may have a larger stabilising effect than the average of total government expenditure;

2010/10/07
Committee: EMPL

2010/2162(INI)

Draft opinion
Paragraph 1 – point 5 a (new)

5 a. Points out that, since equal and full participation in economical, political and social life should be realised as an individual right, active social inclusion policies should use a holistic approach to eradicate poverty and social exclusion, especially by ensuring full access to quality social services and services of general (economic) interest for all;

2010/10/07
Committee: EMPL

2010/2162(INI)

Draft opinion
Paragraph 1 – point 5 b (new)

5 b. Points out that only decent employment based on the International Labour Organisation's decent work principles and the principle of 'good work', including gender mainstreaming, together with the principle of equal pay for equal work in the same workplace can help to lift people out of poverty and social exclusion, and thereby contribute to broad political and cultural participation in the European society;

2010/10/07
Committee: EMPL

2010/2162(INI)

Draft opinion
Paragraph 1 – point 5 c (new)

5 c. Remembers that the 'European Year for Combating Poverty and Social Exclusion 2010' was supposed to be not only a media campaign, but to further stimulate multidimensional policies against poverty and more advanced poverty indicators; therefore asks the Commission to give a critical overview about new measures undertaken by Member States to overcome poverty and social exclusion in this context;

2010/10/07
Committee: EMPL

2010/2162(INI)

Draft opinion
Paragraph 1 – point 5 d (new)

5 d. Invites the Commission and the Council to take due account of Parliaments demands raised in its resolutions of 15 November 2007 on Social Reality Stocktaking[1], of 9 October 2008 on promoting social inclusion and combating poverty, including child poverty, in the EU[2], of 6 May 2009 on the active inclusion of people excluded from the labour market[3] and of 19 October 2010 on the role of minimum income in combating poverty and promoting an participative society in Europe when designing policies and measures for the next stage of the OMC on Social Inclusion and Social Protection, the Social Inclusion Strategy and the ‘Europe 2020’ flagship initiative on combating poverty and social exclusion, involving all stakeholders in a participatory process; ([1] Texts adopted, P6_TA(2007)0541. [2] Texts adopted, P6_TA(2008)0467. [3] Texts adopted, P6_TA(2009)0371.)

2010/10/07
Committee: EMPL

2010/2162(INI)

Draft opinion
Paragraph 1 – point 5 e (new)

5 e. Calls on the Commission to closely examine obstacles for social participation such as energy poverty, financial exclusion and obstacles in access to information and communication technology (ICT);

2010/10/07
Committee: EMPL

2010/2162(INI)

Draft opinion
Paragraph 1 – point 5 f (new)

5 f. Demands that measures to establish a greener and climate friendly economy should go hand in hand with all efforts to eradicate poverty; therefore expresses it's concern that in some Member States the costs for energy efficiency of housing shall be passed on to the tenants;

2010/10/07
Committee: EMPL

2010/2162(INI)

Draft opinion
Paragraph 1 – point 5 g (new)

5 g. Remembers that the fight against poverty and social exclusion is to be pursued both within the European Union and externally, in order to fulfil the European Union's and the Member State's commitment to reach the UN Millennium Development Goals by 2015;

2010/10/07
Committee: EMPL

2010/2072(INI)

Draft opinion
Paragraph 3 d (new)

3d. Calls on the Commission to put forward a proposal forthwith stipulating that firms that are making workers redundant and which recorded profits in past reporting periods must contribute in an appropriate manner to meeting the social costs arising out of plant relocations and job cuts and securing the refinancing of the EGF;

2010/06/09
Committee: EMPL

2010/2072(INI)

Draft opinion
Paragraph 3 e (new)

3e. Calls on the Commission to replace the EGF in the medium term with a restructuring fund, financed by means of an EU-wide plant relocation levy and offering support to enterprises in proportion to the level of lasting replacement jobs created by them;

2010/06/09
Committee: EMPL

2010/2072(INI)

Draft opinion
Paragraph 3 f (new)

3f. Calls on the Commission to introduce criteria by means of which the granting of EGF assistance can be linked as a matter of priority to restructuring measures designed to secure and create employment and ecologically sustainable and socially balanced development in the regions concerned;

2010/06/09
Committee: EMPL

2010/2072(INI)

Draft opinion
Paragraph 3 g (new)

3g. Calls on the Commission to broaden the criteria for the mobilisation of the EGF, in keeping with the above- mentioned conditions, to cover delocalisation within the European Union and to simplify the application procedure significantly;

2010/06/09
Committee: EMPL

2010/2072(INI)

Draft opinion
Paragraph 12

12. Requests the Commission to psub~~lish its data on the efficiency of use of the EGF in the interest of sound EU budgetary management, so as to allow Parliament to conduct an ex post control~~mit forthwith a report on the use made to date of the Globalisation Adjustment Fund, setting out in particular a detailed account of how the appropriations were used and what proportion of overall funding they accounted for by comparison with other national and company-specific support measures; calls on the Commission to draw initial conclusions from that report and rapidly submit proposals for the improvement of the fund.

2010/06/09
Committee: EMPL

2010/2072(INI)

Draft opinion
Paragraph 11 a (new)

11a. Calls on the Commission to increase significantly the financial framework for the EGF, in the light of the current economic and financial crisis and the Fund’s broader remit, and to create a separate title in the budget for the EGF.

2010/06/09
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Citation 1 a (new)

– having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted in 1979,

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Citation 2

– having regard to the 1948 Universal Declaration of Human Rights, reconfirmed during the 1993 World Conference on Human Rights, in particular Articles 3, 16, 18, 23, 25, 26, 27 and 29,

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Citation 5

– having regard to International Labour Organization (ILO) Conventions Nos 26 and 131 on minimum wage fixing and No 29 and 105 on the abolishment of forced labour,

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Citation 5 a (new)

- having regard to the ILO report "A global alliance against forced labour. Global report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work. Report of the Director-General, 2005",

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Citation 5 b (new)

– having regard to Articles 34, 35 and 36 of the Charter of Fundamental Rights of the European Union, which specifically define the right to social and housing assistance, a high level of human health protection and access to services of general economic interest1, 1 (OJ C 303, 14.12.2007, p. 1.)

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Citation 5 c (new)

– having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Women's Rights and Gender Equality (A6-0364/2008),

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Recital A a (new)

Aa. whereas poverty and social exclusion are violations of human dignity and fundamental human rights, and the central objective of income support schemes must be to lift people out of poverty and enable them to live in dignity,

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Recital F a (new)

Fa. whereas the risk of falling into extreme poverty is greater for women than for men; whereas the persistent trend towards feminisation of poverty in European societies today demonstrates that the current framework of social protection systems and the wide range of social, economic and employment policies in the Union are not designed to meet women's needs or to address the differences in women's work; whereas poverty among women and their social exclusion in Europe requires specific, multiple and gender-specific policy responses,

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Recital F b (new)

Fb. whereas the risk of falling into extreme poverty is greater for women than for men, particularly in old age, because social security systems are often based on the principle of continuous remunerated employment; whereas an individualised right to a poverty preventing minimum income should not be conditional on employment related contributions,

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Recital J

J. whereas account should be taken of the multidimensional nature of poverty and social exclusion, the existence of particularly vulnerable population groups (children, women and elderly people), which also include people with disabilities, immigrants, large or single-parent families, the chronically ill and the homeless, as well as the need to incorporate action to prevent and combat poverty and exclusion in other policies, with a guarantee of universal access to public ~~services, high- quality jobs with rights and an~~infrastructure and services of general interest, high- quality jobs with rights and a poverty preventing guaranteed minimum income ~~allow~~enabling people to ~~live with~~social, cultural and political participation and a life in dignity,

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Recital M

M. whereas the role of social protection systems is to ensure the level of social cohesion needed for development guaranteeing social inclusion, which ~~also~~ implies a poverty preventing individually guaranteed minimum income, improving the level of education training of those people excluded from the labour market and guaranteeing equal opportunities in the exercise of fundamental rights,

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 1

1. Highlights the need for concrete measures to e~~ffectively and significantly reduc~~radicate poverty and social exclusion, ensuring a fair redistribution of income and wealth ~~and also~~, thereby giving meaning and content to the European Year for Combating Poverty and to the achievement of the Millennium Development Goals, including guaranteeing ~~an adequate~~poverty preventing and socially including minimum income schemes throughout the European Union;

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 3

3. Calls for the promotion of social integration and inclusion, in order to guarantee protection of fundamental human rights, and clear commitments to draw up EU and national policies to combat poverty and social exclusion, by ensuring universal access to public health services, education, vocational education and training, housing and energy provision, and social protection, in addition to employment with rights, ~~fair~~and wages, ~~decent~~ pensions and ~~an adequate income for everyone~~minimum income schemes for everyone that guarantees freedom from poverty and ensures social, cultural and political inclusion;

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 4

4. Notes that the European Commission, in its "‘Europe 2020"’ strategy document, announces that removing the risk of poverty for 20 million people is one of the EU'’s five headline targets; ~~believe~~reminds that this target ~~should be at least doubled and made more credible with appropriate~~falls behind the initial ambitions of the Lisbon Strategy (overcome poverty), believes that poverty and social exclusion must be eradicated by credible, concrete and binding measures;

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 4 a (new)

4a. Calls on the Council and the EU Member States to base the "Europe 2020" headline target to tackle poverty on the relative poverty indicator (60% of the median income threshold), as endorsed by the Laeken European Council in December 2001, because this indicator sets the reality of poverty within the context of each member state, as it reflects an understanding of poverty as a relative condition;

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 4 a (new)

4a. Recalls, in respect of the poverty reduction target, its earlier proposals for the following targets: - The need to set up an EU target for minimum income schemes and contributory replacement income schemes providing income support of at least 60% of national median equalised income, and agreement on a timetable for achieving this target in all Member States; - The need to set up an EU target for minimum wages (statutory, collective agreements at national, regional or sectoral level) to provide for remuneration of at least 60% of the relevant (national, sectoral, etc.) average wage, and agreement on a timetable for achieving that target in all Member States; - The need for the EU to agree on an EU- wide target to end street homelessness by 2015 and for all Member States to develop integrated homelessness strategies with a view to ending homelessness;

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 4 b (new)

4b. Calls for further real progress on the adequacy of Minimum Income Schemes, so as to be capable of lifting every child, adult and older person out of poverty and delivering on their right to a dignified life; calls on the Council to reach agreement on a common EU definition of adequacy and of common methods to establish adequacy, which should inform an EU Framework Directive on Minimum Income to achieve higher level social standards;

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 4 c (new)

4c. Considers that an explicit commitment must be made by Member States to implement Active Inclusion: reducing conditionality, investing in supportive activation, defending adequate minimum income and preserving social standards by outlawing cuts to key public services so that the poor will not pay for the crisis;

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 5

5. Believes that the various experiments with minimum incomes, accompanied by additional social integration measures, show that this is a further essential way of combating poverty and social exclusion; therefore calls on the European Commission to prepare an initiative supporting these experiments, taking into account best practices and ensuring ~~an adequate~~individually guaranteed poverty preventing minimum income schemes throughout the European Union as a means to ~~prevent~~eradicate poverty and guarantee social justice and equal opportunities for all~~, without calling into question the specific situations in each Member State~~;

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 6

6. Stresses the urgent need to define and use appropriate economic and social indicators in various areas (health, housing, energy provision, social and cultural inclusion, mobility, education, income and employment), which will allow the progress made in combating poverty and promoting social inclusion to be monitored and measured; states that these indicators should be presented annually on International Day for the Eradication of Poverty (17 October), should evolve as necessary and should include gender, age ranges, households, disability situations, immigration, chronic illness and various income levels (60% of median income; 50% of median income; 40% of median income) in order to take account of relative poverty, extreme poverty and the most vulnerable groups;

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 7

7. ~~Urges those people in a state of~~Calls for an integration of people experiencing poverty and their representative organisations ~~to participate~~and networks in the preparation ~~and~~, application and monitoring of policies, measures and indicators at European, national, regional and local levels;

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 7 a (new)

7a. Deeply regrets that some Member States appear not to have regard to Council Recommendation 92/441/EEC, which recognises the 'basic right of a person to sufficient resources and social assistance to live in a manner compatible with human dignity';

2010/05/19
Committee: EMPL

2010/2039(INI)

Motion for a resolution
Paragraph 8 a (new)

8a. Stresses that minimum income schemes must cover fuel costs to allow poor households affected by energy poverty to pay their energy bills; minimum income schemes must be calculated on the basis of realistic assessments of how much it costs to heat a home related to the specific household needs – e.g. family with children, older people and disabled persons.

2010/05/19
Committee: EMPL

2010/2039(INI)

Jürgen KLUTE, Thomas HÄNDEL

Motion for a resolution
Paragraph 8 b (new)

8b. Points out that most Member States in EU-27 have national minimum income schemes, but several do not; encourages the Member States to provide for poverty preventing guaranteed minimum income schemes for social inclusion, and urges them to exchange best practice; recognises that, where there is provision of social assistance, Member States have a duty to ensure that citizens understand and are able to obtain their entitlements.

2010/05/19
Committee: EMPL

2010/2010(INI)

Draft opinion
Paragraph 4 a (new)

4a. Takes the view that, given demographic trends, there is great potential for developing sustainable jobs in the area of social and healthcare services, which should be tapped in the interests of an effective employment policy;

2010/05/05
Committee: ECON

2010/2010(INI)

Jürgen KLUTE, Thomas HÄNDEL

Draft opinion
Paragraph 4 b (new)

4b. Takes the view that employment policy plays a central role in combating poverty and social exclusion, and consequently calls, in line with the ILO ‘Decent Work’ programme, for qualitatively good working conditions and remuneration that not only provides a decent living, but also guarantees an appropriate share of GDP;

2010/05/05
Committee: ECON

2010/2010(INI)

Motion for a resolution
Recital F

F. whereas ~~new sectors a~~social dialogue structures often do not ~~integrated in social dialogue structure~~exist, or do not yet exist, in new sectors; whereas no collective agreements ordo not exist, or existing ones are not applied, and sector-specific codes ~~exist~~do not exist either; whereas the new sectors are subject to great pressure to produce and compete; whereas, in regions with high unemployment, the pressure to accept bad working conditions is high,

2010/05/19
Committee: EMPL

2010/2010(INI)

Motion for a resolution
Paragraph 14

14. Calls on the EU and Member States to link public aid for new production sectors ~~to minimum social standards~~, as well as public procurement, to minimum social standards – particularly the requirement for, and compliance with, collective agreements – and the creation of representative bodies, such as works councils and trade associations, in future;

2010/05/19
Committee: EMPL

2010/0383(COD)

Proposal for a regulation
Article 19 – point 2 – point a

a) in the courts for the place where or from where the employee ~~habitually~~ carriesd out his work or i~~n the court~~s for ~~the last place where he did so~~was employed, or

2011/09/20
Committee: EMPL

2010/0383(COD)

Proposal for a regulation
Article 19 – point 2 – point b a (new)

ba) If courts in various places can be involved, the employee shall choose one of these.

2011/09/20
Committee: EMPL

2010/0374(COD)

Proposal for a regulation
Recital 14

(14) Research and development expenditure, provided it is used to procure or manufacture economic goods, has the nature of investment and should therefore be recorded as fixed capital formation. However, it is necessary to specify the format of the data to be recorded as fixed capital formation by means of a delegated act when a sufficient level of confidence in the reliability of the data is reached through a test exercise based on the development of supplementary tables.

2012/01/26
Committee: ECON

2010/0374(COD)

Proposal for a regulation
Recital 14 a (new)

(14a) Member States' arms expenditure is by nature not investment in the classical sense and should therefore not be recorded as fixed capital formation but should continue to be recorded as normal operating expenditure.

2012/01/26
Committee: ECON

2010/0374(COD)

Proposal for a regulation
Article 2 – paragraph 5

5. Research and development expenditure, provided it is used to procure or manufacture economic goods, shall be recorded, by Member States, as fixed capital formation. The Commission may adopt delegated acts, in accordance with Articles 7, 8 and 9, to ensure the reliability of the data to be recorded as fixed capital formation. Such delegated acts shall specify the format of those data.

2012/01/26
Committee: ECON

2010/0374(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)

5a. Member States' arms expenditure shall be recorded as normal operating expenditure.

2012/01/26
Committee: ECON

2010/0306(NLE)

Proposal for a directive
Citation 1

Having regard to the Treaty ~~establishing the European Atomic Energy Community~~on the Functioning of the European Union, and in particular Article~~s 31 and 32~~ 153 thereof,

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 3 a (new)

(3a) Council Directive 89/391/EEC of 12 June 1989 provides for the introduction of measures to encourage improvements in the safety and health of workers at work.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 27

(27) Radioactive waste, including spent fuel considered as waste, requires appropriate conditioning, containment and isolation from humans and the living environment over the long term. Its specific nature (content of radionuclides) requires arrangements to protect human health and the environment against dangers arising from ionizing radiation, including disposal in appropriate facilities as the end point of its management. The storage of radioactive waste, including long-term storage, is an interim solution but not an alternative to disposal.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 27 a (new)

(27a) Workers and the general public face an unacceptable and growing risk due to the conditions under which some historic wastes, such as plutonium-bearing sludges or contaminated graphite, are being stored. Unconditioned, readily dispersible waste forms and spent fuel in unprotected pools constitute stores which are radiotoxic as well as being highly vulnerable and pose an ongoing risk of accident or target for terrorist attack.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 29

(29) ~~The typical d~~Disposal concepts for short lived low and intermediate level waste ~~is near surface disposal~~vary from near surface disposal (in buildings, shallow burial or burial down to a few tens of metres below the surface) to state- of-the-art disposal in geologic repositories 70-100 m underground. Following 30 years of research, it is broadly a~~ccepted at the technical level~~ssumed by nuclear interests that deep geological disposal represents the safest and most sustainable option as the end point of the management of high level radioactive waste and spent fuel ~~considered as waste. Thus~~. If the safety cases of the proposed methods for deep geological disposal can be assured, a mov~~ing~~e towards implementation of disposal shcould be ~~pursu~~considered.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 30

(30) Although each Member State is responsible for its own policy on spent fuel and radioactive waste management, that policy should respect the relevant fundamental safety principles set by the IAEA. It is an ethical obligation of each Member State to avoid any undue burden on future generations in respect of the existing spent fuel and radioactive waste, as well as those expected from decommissioning of existing nuclear installations. Member States should therefore establish a decommissioning policy that guarantees that facilities are dismantled in the safest manner as early as possible after their closure.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 34 a (new)

(34a) It is necessary for workers along the whole chain of spent fuel and radioactive waste management to be protected and covered, regardless of their activity or status; it is necessary for the long term effects on the health and safety of workers to be considered in any management instrument for spent fuel and radioactive waste.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 34 b (new)

(34b) When this Directive is implemented, it is necessary that particular attention be given to workers at risk and that non- compliance with health and safety legislation be followed by immediate and effective sanctions.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 34 c (new)

(34c) Since, in many instances, the health consequences for workers of exposure to radioactivity do not emerge for years or decades, all documentation drawn up on the workers concerned in connection with the disposal of spent fuel and radioactive waste should be kept.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 35

(35) Transparency is important in the management of spent fuel and radioactive waste. It should be provided by requiring effective public information, in Member States' customary official publications, and opportunities for all concerned stakeholders to participate in the decision- making processes.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 39 a (new)

(39a) Union legislation on health and safety at work is also applicable to the management of spent fuel and radioactive waste.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Recital 41

(41) Maintaining and further developing competences and skills in the management of spent fuel and radioactive waste, as an essential element to ensure high levels of safety and to protect workers, should be based on a combination of learning through preventive training, operational experience, scientific research and technological development, and technical cooperation between all actors.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 1 – point 2

(2) It ensures that Member States provide for appropriate national arrangements for athe highest level of safety in spent fuel and radioactive waste management to protect workers and the general public against the dangers arising from ionizing radiation.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 2 – point 1 – subpoint b

(b) all stages of radioactive waste management, from generation up to ~~disposal, when the radioactive waste results from civilian activities or is managed within civilian activities~~and including disposal;

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 2 – point 2

(2) Waste from extractive industries which may be radioactive and falls within the scope of Directive 2006/21/EC shall ~~not~~also be subject to this Directive.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 2 – point 3

~~(3) This Directive shall not apply to authorised releases.~~deleted

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 3 – paragraph 1 – point 6

(6) ‘'radioactive waste’' means spent fuels, radioactive material in gaseous, liquid or solid form ~~for which no further use is foreseen b~~that originates from reprocessing and any othe ~~Member State or by a natural or legal person whose decision is accepted by the Member State, and~~r radioactive material in gaseous, liquid or solid form which is controlled as radioactive waste by a competent regulatory authority under the legislative and regulatory framework of the Member State;

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 3 – paragraph 1 – point 10

(10) ‘'spent fuel’' means nuclear fuel that has been irradiated in and permanently removed from a reactor core; spent fuel may either be ~~considered as a usable resource that can be reprocessed or be destined for final disposal if regarded as radioactive was~~reprocessed or is considered as radioactive waste if no further use is envisaged for it for the following two years by the Member State or by a licence holder whose decision is accepted by the Member State;

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 4 – point 2 – subpoint d

(d) spent fuel and radioactive waste are safely managed~~, including in the long term.~~ during a minimum of 250 years or even longer so long as they are hazardous to people and the environment;

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 4 – point 2 – subpoint d a (new)

(da) exposure of workers and the public to spent fuel and radioactive waste is avoided.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 4 – point 2 – subpoint d b (new)

(db) measures are taken to cover the future health risks for exposed workers, including those not documented;

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 4 – point 2 – subpoint d c (new)

(dc) measures are taken which cover all workers involved in the processes relating to the management of spent fuel and radioactive waste, including those workers indirectly involved, such as transport workers, security workers, members of the armed forces and police officers;

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 4 – point 2 – subpoint d d (new)

(dd) there is joint and several liability so as to protect all actors involved in the management of spent fuel and radioactive waste.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 5 – point 1 – subpoint e

(e) enforcement actions, including suspension of activities and modification or revocation of a licence, covering, inter alia, infringements of health and safety rules applicable to the workers concerned;

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 6 – point 3 a (new)

(3a) Member States shall ensure that the competent regulatory authority is empowered to order the suspension of operations in cases where safety is not guaranteed.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 6 – point 3 b (new)

(3b) Member States shall ensure that the competent regulatory authority has the powers and resources needed to carry out regular nuclear safety assessments, investigations and controls and, where necessary, enforcement actions in the facilities, even during decommissioning. The health and safety of workers, including those employed by any subcontractors, as well as staffing levels and training shall form part of these assessments.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 6 – point 3 c (new)

(3c) Member States shall ensure that the competent regulatory authority reports to the Member States and relevant competent organisations, licence holders, representatives of the employees of the licence holder, subcontractors and the general public regarding the results of their assessments.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 6 – point 3 d (new)

(3d) Member States shall ensure that the competent regulatory authority establishes or specifies a body which is to be responsible for conserving records relating to workers involved in the handling of spent fuel and radioactive waste for at least 50 years and for compiling records independently of the employer or subcontractor, in keeping with applicable data protection rules, and which is required to release information to the workers concerned and their descendants.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 7 – point 2

(2) Member States shall ensure that the national framework requires licence holders, under the supervision of the competent regulatory authority, to regularly assess and verify, and continuously improve, as far as reasonably achievable, the safety of their activities ~~and~~- including the health and safety of workers and subcontractors and the safety of their facilities - in a systematic and verifiable manner. Licence holders shall report to the competent regulatory authority and other relevant competent organisations, representatives of their employees, subcontractors and the general public regarding the results of their assessments.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 7 – point 3

(3) The assessments referred to in paragraph 2 shall include verification that measures are in place to prevent accidents and physical attacks and mitigate the consequences of accidents and physical attacks, including verification of the physical barriers and the licence holder’s administrative procedures for protection that would have to fail before workers and the general public would be significantly affected by ionizing radiation.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 7 – point 4

(4) Member States shall ensure that the national framework requires licence holders to establish and implement management systems which give due priority to safety and security and are regularly verified by the competent regulatory authority and workers’ representatives.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 7 – point 5

(5) Member States shall ensure that the national framework requires licence holders to provide for and maintain adequate financial and human resources to fulfil their obligations with respect to the safety of spent fuel and radioactive waste management, laid down in paragraphs 1 to 4, including for the long term over 250 years or more.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 8 – point 2

(2) The safety case and supporting safety assessment shall cover the siting, design, construction, operation, and decommissioning of a facility or closure of a disposal facility; the safety case shall specify the standards applied for this assessment. The long-term post-closure safety shall be addressed, in particular how it is ensured by passive means to the fullest extent possible. The safety case and supporting safety assessment shall include an assessment of the health and safety risks for workers, including those employed by subcontractors, and of the skill levels and number of staff required for the safe operation of the facility at all times, so that action can be taken in the event of an accident.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 8 – point 4

(4) The safety case and supporting safety assessment shall be submitted to the competent regulatory authority for approval. Representatives of the workers concerned shall be informed and consulted before the safety assessments are submitted to the competent regulatory authority.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 8 – point 4 a (new)

(4a) The safety case shall cover not only the site but also any related issues, such as the transport of radioactive waste or spent fuel to or from the site.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 9

Member States shall ensure that the national framework includes arrangements for education and training covering the needs of all parties with responsibilities for spent fuel and radioactive waste management in order to maintain and to further develop necessary expertise and skills. Member States shall pay special attention to parties indirectly involved and ensure that they are offered state-of-the- art, appropriate education and training before the operations involving radioactive waste and spent fuel are carried out.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 10

Member States shall ensure that the national framework guarantees that adequate financial resources are available when needed for the management of spent fuel and radioactive waste, taking due account of the responsibility of radioactive waste producers, health and safety matters and occupational diseases which might occur following long-term exposure to radioactive emissions.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 11

Member States shall ensure that appropriate quality assurance programmes, including education and training, concerning the safety of spent fuel and radioactive waste management are established and regularly implemented.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 12 – point 1

(1) Member States shall ensure that information on the management of spent fuel and radioactive waste is made available to workers and the general public. This obligation includes ensuring that the competent regulatory authority informs the public in the fields of its competence. Information shall be made available to the public in accordance with national legislation and international obligations, provided that this does not jeopardise other interests recognised in national legislation or international obligations such as, inter alia, security. Information directly relevant to the health and safety of workers and the public (in particular concerning radioactive and toxic emissions and exposure to emissions) must be made public, irrespective of the circumstances.

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 14 – paragraph 1 – point 2

(2) concepts, plans and technical solutions from generation to disposal, with top priority being given to historic radioactive waste and spent fuel in intermediate storage pools;

2011/02/17
Committee: EMPL

2010/0306(NLE)

Proposal for a directive
Article 14 – paragraph 1 – point 7

(7) ~~assessment of programme costs and the underlying basis and hypotheses for this assessment, which must include a profile over time~~detailed plans on the number of inspections, the resources for inspection and the training of inspection bodies;

2011/02/17
Committee: EMPL

2010/0281(COD)

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

2011/02/14
Committee: EMPL

2010/0281(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) ‘imbalances’ mean~~s macroeconomic developments~~ persistently diverging developments between aggregate demand and aggregate supply leading to a systematic surplus or deficit in the overall savings position of an economy, which ~~are~~is adversely affecting, or haves the potential to adversely to affect, the proper functioning of the economy of a Member State or of economic and monetary union, or of the Union as a whole.

2011/02/14
Committee: EMPL

2010/0281(COD)

Thomas HÄNDEL, Patrick LE HYARIC, Gabriele ZIMMER

Proposal for a regulation
Article 3 – paragraph 2

2. The scoreboard shall be made up of an array of macroeconomic ~~and~~, macrofinancial and social indicators for 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 Stse will allow to detect serious misalignments between aggregate demand and supply and between an economy’s income and consumption. Social indicators will, amongst others, include indicators on inequalities, the incidence of low pay, the working poor, the share of labour income in overall GDP and unit profit rates.

2011/02/14
Committee: EMPL

2010/0281(COD)

Proposal for a regulation
Article 7 – paragraph 2

2. The Council, on a recommendation from the Commission, after consulting the European Parliament and the European social partners may adopt recommendations in accordance with Article 121(4) of the Treaty declaring the existence of an excessive imbalance and recommending the Member State concerned to take corrective action. Those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the Member State concerned must take such corrective action. The Council may, as provided for in Article 121(4) of the Treaty, make its recommendations public.

2011/02/14
Committee: EMPL

2010/0281(COD)

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. The recommendations referred to in paragraph 2 shall comply with the objectives of the Union as defined in Article 3 of the Treaty on European Union. The recommendations shall take due account of Article 153 TFEU, as well as of the rights incorporated in the Charter of Fundamental Rights of the European Union. The recommendations shall also strictly respect the specificity of each Member State, in particular its model of industrial relations and social dialogue. Due attention shall be paid to the symmetry of recommendations, addressing excessive savings in a similarly intense way as situations in which economies are excessively indebting themselves.

2011/02/14
Committee: EMPL

2010/0281(COD)

Draft legislative resolution
Paragraph 1

1 Rejects the Commissions proposal.

2011/02/16
Committee: ECON

2010/0281(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) 'imbalances‘' mean~~s macroeconomic developments~~ persistently diverging developments between aggregate demand and aggregate supply leading to a systematic surplus or deficit in the overall savings position of an economy, which ~~are~~is adversely affecting, or haves the potential to adversely to affect, the proper functioning of the economy of a Member State or of economic and monetary union, or of the Union as a whole.

2011/02/16
Committee: ECON

2010/0281(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) 'excessive imbalances‘ means severe imbalances, including imbalances that jeopardise the proper functioning of economic, social and monetary union.

2011/02/16
Committee: ECON

2010/0281(COD)

Proposal for a regulation
Article 3 – paragraph 2

2. The scoreboard shall be made up of an array of macroeconomic ~~and~~, macrofinancial and social indicators for Member Sstates. 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 Stse will allow to detect serious misalignments between aggregate demand and supply and between an economy’s income and consumption. Social indicators will, amongst others, include indicators on inequalities, the incidence of low pay, the working poor, the share of labour income in overall GDP and unit profit rates.

2011/02/16
Committee: ECON

2010/0281(COD)

Proposal for a regulation
Article 7 – paragraph 1

1. If, on the basis of the in-depth review referred to in Article 5, the Commission considers that the Member State concerned is affected by excessive imbalances, it shall inform the Council and the European Parliament accordingly.

2011/02/16
Committee: ECON

2010/0281(COD)

Proposal for a regulation
Article 7 – paragraph 2

2. The Council, on a recommendation from the Commission, after consulting the European Parliament and the European social partners may adopt recommendations in accordance with Article 121(4) of the Treaty declaring the existence of an excessive imbalance and recommending the Member State concerned to take corrective action. Those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the Member State concerned must take such corrective action. The Council may, as provided for in Article 121(4) of the Treaty, make its recommendations public.

2011/02/16
Committee: ECON

2010/0281(COD)

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. The recommendations referred to in paragraph 2 shall comply with the objectives of the Union as defined in Article 3 of the Treaty on European Union. The recommendations shall take due account of Article 153 TFEU, as well as of the rights incorporated in the Charter of Fundamental Rights of the European Union. The recommendations shall also strictly respect the specificity of each Member State, in particular its model of industrial relations and social dialogue. Due attention shall be paid to the symmetry of recommendations, addressing excessive savings in a similarly intense way as situations in which economies are excessively indebting themselves.

2011/02/16
Committee: ECON

2010/0280(COD)

Proposal for a regulation – amending act
-

The European Parliament rejects the Commission proposal.

2011/02/11
Committee: EMPL

2010/0280(COD)

Proposal for a regulation – amending act
Recital 9

(9) ~~Prudent~~Sound fiscal policy- making implies that ~~the growth rate of government expenditure does normally not exceed a prudent~~public finances; over the medium term, adhere to a set of expenditure and revenue indicative guidelines. Growth in tax revenue (with temporary sources of revenue being excluded) should normally not fall behind the medium- term growth rate o f GDP~~, increases in excess of that norm are matched by d~~. Growth in government expenditure (with those social benefits and expenditure components being related to the business cycle) should normally not exceed a prudent medium term growth rate of GDP. Discretionary increases in ~~government revenues and~~expenditure or discretionary ~~revenue~~ reductions ~~are compensated by reductions in expenditure~~in tax revenue are to be offset by accompanying other discretionary measures, either on the side of expenditure or/and on the side of tax revenues.

2011/02/11
Committee: EMPL

Proposal for a regulation
Recital 9

(9) ~~Prudent~~Sound fiscal policy- making implies that ~~the growth rate of government expenditure does normally not exceed a prudent~~public finances; over the medium term, adhere to a set of expenditure and revenue indicative guidelines. Growth in tax revenue (with temporary sources of revenue being excluded) should normally not fall behind the medium- term growth rate o f GDP~~, increases in excess of that norm are matched by d~~. Growth in government expenditure (with those social benefits and expenditure components being related to the business cycle) should normally not exceed a prudent medium term growth rate of GDP. Discretionary increases in ~~government revenues and~~expenditure or discretionary ~~revenue~~ reductions ~~are compensated by reductions in expenditure~~in tax revenue are to be offset by accompanying other discretionary measures, either on the side of expenditure or/and on the side of tax revenues.

2011/02/15
Committee: ECON

Proposal for a regulation – amending act
Recital 8

(8) In the establishment of the existence of an excessive deficit based on the deficit criterion and the steps leading to it there is a need to take into account the whole range of relevant factors covered by the report under Article 126(3) of the Treaty if the government debt to gross domestic product does not exceed the reference value.deleted

2011/02/15
Committee: ECON

Proposal for a regulation
Recital 4

(4) To set an end to the current fragmented situation in which some Member States have taken divergent measures and to restrict the possibility of divergent measures being taken by competent authorities it is important to address the potential risks arising from short selling and credit default swaps in a ~~harmonised manner~~coordinated manner. In that connection, it should still be possible for Member States to adopt stricter rules. The requirements to be imposed should address the identified risks ~~without unduly detracting from the benefits that short selling provides to the quality and efficiency of markets~~, taking specific account of the problems that short selling causes in terms of market quality and efficiency. In particular, uncovered short selling and short selling in connection with commodities should be prohibited.

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Recital 16

(16) Uncovered short selling of shares and sovereign debt is sometimes viewed as increasing the potential risk of settlement failure and volatility. To reduce such risks it is appropriate to place proportionate restrictions on uncovered short selling. The detailed restrictions should take into account the different arrangements currently used for covered short selling. Uncovered short selling and, in general, short selling in connection with commodities should be prohibited, since transactions of this kind offer no benefits for the economy as a whole and create systemic risks which cannot be assessed or identified in advance and for which, should the short seller default, in future a central counterparty, but ultimately the taxpayer once again, will be liable. If risk hedging in connection with commodities is necessary, it can be carried out using other instruments, such as futures and options. It is also appropriate to include requirements on trading venues relating to buy-in procedures and fines for failed settlement of transactions in those instruments. The buy-in procedures and late settlement requirements should set basic standards relating to settlement discipline.

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Recital 19

(19) Market making activities play a ~~crucial~~ role in providing liquidity to the markets within the Union ~~and~~. The role of market makers nis to guaranteed to take short positions to perform that role. Imposing requirements on such activities could severely inhibit their ability to provide liquidity and have a significant adverse impact on the efficiency of the Union markets. Furhe tradeability (market liquidity) of securities by continually fixing bid and ask prices. In a functioning market, a sale is possible only on the basis of the terms set by the market maker. In general, stock exchange rules require market makers only to indicate the minimum volume of shares or bonds to be bought. In addition, pre-determined maximum spreads must not be exceeded, although no fair, mathematically calculable value need be indicated. Instead the market maker can himself determine the pricing criteria. If ther market makers would not be expected to take significant short positions except for very brief periods. It is therefore appropriate to exempt natural or legal persons involved in such activities from requirements which may impair their ability to perform such a function and therefore adversely affect the Union market ceases his activities and does not take the shares back, the second market then also becomes illiquid, or, if the transaction is being effected via a central counterparty, a requirement arises for the latter to intervene. It is therefore appropriate that this Regulation should apply to natural or legal persons involved in such market making activities. In order to capture equivalent third country entities a procedure is necessary to assess the equivalence of the third country markets. The exemption should apply to the different types of market making activity but not to exempt proprietary trading. It is also appropriate to exempt certain primary market operations such as those relating to sovereign debt and stabilisation schemes as they are important activities that assist the efficient functioning of markets. Competent authorities should be notified of the use of exemptions and should have the power to prohibit a natural or legal person from using an exemption if they do not fulfil the relevant criteria in the exemption. Competent authorities should also be able to request information from the natural or legal person to monitor their use of the exemption.

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Recital 22

(22) In the case of a significant fall in the price of a financial instrument on a trading venue a competent authority should also have the ability to temporarily restrict short selling of the financial instrument on that venue in order to be able to rapidly intervene ~~rapidly~~ where appropriate ~~and for a 24 hour period~~ to prevent a disorderly price fall of the instrument concerned for a period commensurate with the seriousness of the disruption of the financial market.

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Recital 37

(37) Since some Member States have already put in place restrictions on short selling ~~and since delegated acts and binding technical standards are provided for which should be adopted before the framework to be introduced can be us~~, the regulation covering the Union as a whole should come into force as soon as possible. This is necessary in the light of the persistently high degree of market instability and the problems in connection with sovereign credit defaul~~ly applied, it is necessary to provide for a sufficient period of tim~~t swaps, so that the stability which the regulation is intended to bring about is a pressing need for the Union as a whole.

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 1 – point 3

(3) debt instruments issued by a Member State or, the Union itself or a systemically relevant institution domiciled or established in the Union and derivatives set out in Annex I Section C points (4) to (10) of Directive 2004/39/EC that relate to such debt instruments issued by a Member State or the Union or to an obligation of a Member State or the Union.

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p

p) "short sale" in relation to a share or debt means any sale of the share or debt which the seller does not own at the time of entering into the agreement to sell including such a sale where at the time of entering into the agreement to sell the seller has borrowed ~~or agreed to borrow the share or debt for delivery at settlement~~the share or debt. Uncovered short sales shall be prohibited;

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part

1. For the purposes of this Regulation, a position resulting from either of the following shall be considered a short position relating to the issued share capital of a company or the issued ~~sovereign~~ debt of a Member State or the Union:

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a

a) a short sale of a share issued by the company or a debt instrument issued by the Member State or Union or a systemically relevant institution;

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 3 – paragraph 2 – introductory part

2. For the purposes of this Regulation, a position resulting from either of the following shall be considered a long position relating to the issued share capital of a company or issued ~~sovereign~~ debt of a Member State or the Union:

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a

a) ~~holding~~a short sale of a share issued by the company or a debt instrument issued by the Member State or Union or a systemically relevant institution;

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 3 – paragraph 5

5. For the purposes of this Regulation, the position remaining after deducting any long position that a natural or legal person holds in relation to ~~the~~ issued ~~sovereign debt of a Member State or the Union~~debt from any short position that that natural or legal person holds in relation to the same debt shall be considered a net short position in relation to ~~the~~ issued ~~sovereign debt of a Member State or the Union~~debt.

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 3 – paragraph 6

6. The calculation under paragraphs 1 to 5 for sovereign debt shall be for each single Member State ~~or for~~, for the Union or for a systemically relevant institution domiciled or established in the Union even if separate entities within the Member State or the Union issue sovereign debt on behalf of the Member State or Union.

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 4 – paragraph 1

1. For the purposes of this Regulation, a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a Member State or, the Union or a systemically relevant institution domiciled or established in the Union, to the extent that the credit default swap is not serving to hedge against the risk of default of the issuer where the natural or legal person has a long position in the ~~sovereign~~ debt of that issuer or any long position in the debt of an issuer for which the price of its debt has a high correlation with the price of the obligation of a Member State or the Union. The party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph.

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point a

a) a net short position relating to the issued sovereign debt of a Member State ~~or of~~, of the Union or of a systemically relevant institution domiciled or established in the Union;

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point b

b) an uncovered position in a credit default swap relating to an obligation of a Member State or, the Union or a systemically relevant institution resident or established in the Union.

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part

1. A natural or legal person may only enter into a short sale of a share admitted to trading on a trading venue or a short sale of a ~~sovereign~~ debt instrument where one of the following conditions is fulfilled:

2011/01/20
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a

a) the natural or legal person has borrowed the share or ~~sovereign~~ debt instrument;

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b

b) the natural or legal person has entered into an agreement to borrow the share or ~~sovereign~~ debt instrument;

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point c

c) the natural or legal person has an arrangement with a third party under which that third party has confirmed that the share or sovereign debt instrument has been located and reserved for lending for the natural or legal person so that settlement can be effected when it is duetransaction does not constitute uncovered short selling.

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. Short selling of shares or bonds connected with commodities and credit default swaps shall be prohibited.

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 12 – paragraph 2 b (new)

2b. A share or debt instrument may be short sold only if the short sale is effected at the bid rate immediately after a fixing at which the share price has risen or remained unchanged.

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 14

Exemption where the principal trading venue is outside the Union 1. Articles 5, 7, 12 and 13 shall not apply to shares of a company admitted to trading on a trading venue in the Union where the principal venue for the trading of the shares is located in a country outside the Union. 2. The relevant competent authority for shares of a company that are traded on a trading venue in the Union and a venue located outside the Union shall determine, at least every two years, whether the principal venue for the trading of those shares is located outside the Union. The relevant competent authority shall notify ESMA of any such shares identified as having their principal venue located outside the Union. ESMA shall publish the list of shares for which the principal venue is located outside the Union every two years. The list shall be effective for a two year period. 3. Powers are delegated to the Commission to adopt regulatory technical standards specifying the method for calculation of the turnover to determine the principal venue for the trading of a share. The regulatory standards referred to in the first subparagraph shall be adopted in accordance with Articles [7 to 7d] of Regulation (EU) No …/….[ESMA Regulation]. ESMA shall submit drafts for those regulatory technical standards to the Commission by [31 December 2011] at the latest. 4. In order to ensure uniform conditions of application of paragraphs 1 and 2 powers are conferred on the Commission to adopt implementing technical standards to determine: a) the date on which and period in respect of which any calculation of the principal venue for a share shall be made; b) the date by which the relevant competent authority shall notify ESMA of those shares where the principal venue is outside the Union; c) the date from which the list shall be effective following publication by ESMA. The implementing technical standards referred to in the first subparagraph shall be adopted in accordance with Article [7e] of Regulation (EU) No …/….[ESMA Regulation]. ESMA shall submit drafts for those implementing technical standards to the Commission by [31 December 2011] at the latest.Article 14 deleted

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

1. Articles 5, 6, 7, 8 and 12 shall ~~not~~also apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country, whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2, when it deals as principal in a financial instrument, whether traded on or outside a trading venue, in either or both of the following capacities:

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 3

3. Articles 8 and 12 shall ~~not~~also apply to the activities of a natural or legal person when, acting as an authorised primary dealer pursuant to an agreement with an issuer of sovereign debt, it is dealing as principal in a financial instrument in relation to primary or secondary market operations relating to the sovereign debt.

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 4

4. Articles ~~5, 6, 7~~6 and 127 shall not apply to a natural or legal person when it enters into a short sale of a security or has a net short position in relation to the carrying out of a stabilisation under Chapter III of Commission Regulation (EC) No 2273/2003.

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 5

5. The exemptions referred to in paragraph~~s 1 and~~ 3 shall only apply where the natural or legal person concerned has first notified the competent authority of its home Member State, in writing that they intend to make use of the exemption. The notification shall be made not less than thirty calendar days before the natural or legal person intends to use the exemption.

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 9

9. The competent authority of the home Member State may request information, in writing, from a natural or legal person operating under the ~~exemptions set out in~~provisions of paragraph ~~1, 3 or~~ 4 about short positions held or activities conducted under the exemption. The natural or legal person shall provide the information not later than four calendar days after the request is made at the latest.

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 18 – paragraph 1

1. The competent authority of a Member State may limit natural or legal persons from entering into credit default swap transactions relating to an obligation of a Member State or the Union or limit the value of uncovered credit default swap positions that may be entered into by natural or legal persons that relate to an obligation of a Member State or the Union, where both the following conditions are fulfilled: a) there are adverse events or developments which constitute a serious threat to financial stability or to market confidence in the Member State or one or more other Member States; b) the measure is necessary to address the threat.deleted

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 19 – paragraph 2

2. The measure shall apply only for a period ~~not exceeding the end of the trading day following the trading day on whic~~commensurate with the fall in price ~~occurs~~.

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 20 – paragraph 2

Any such measure may be renewed for a further period~~s not exceeding three months at a time~~ commensurate with the seriousness of the market disruption.

2011/01/26
Committee: ECON

2010/0251(COD)

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 – point c

c) limit natural or legal persons from entering into credit default swap transactions relating to an obligation of a Member State or, the Union or a systemically relevant institution domiciled or established in the Union or limit the value of uncovered credit default swap positions that a natural or legal person may enter into relating to an obligation of a Member State or, the Union or a systemically relevant institution domiciled or established in the Union;

2011/01/26
Committee: ECON

2010/0210(COD)

Proposal for a directive
Recital 9

(9) This Directive should not affect conditions of the provision of services in the framework of Article 56 of the TFEU. In particular, this Directive should not affect the terms and conditions of employment which, pursuant to Directive 96/71/EC of the European Parliament and of the Council of 16 December 19968 concerning the posting of workers in the framework of the provision of services, apply to workers posted by an undertaking established in a Member State to provide a service in the territory of another Member State.

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Recital 20

(20) Considering the specially vulnerable situation of third-country national seasonal workers and the temporary nature of their assignment, there is a need to define clearly the working conditions applicable to such workers in order to ensure legal certainty by referring such conditions to generally binding instruments providing effective protection of the rights of third- country seasonal workers, such as law or universally applicable collective agreementsfor special efforts by all stakeholders so as to counter all forms of discrimination. Accordingly, account needs to be taken of the principle of equal treatment, in particular as regards pay, i.e. by applying collective agreements and other arrangements on working conditions which have been concluded at all possible levels or for which there is statutory provision.

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Recital 21

(21) In the absence of a system for declaring collective agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/orTo guarantee the principle of equality of treatment between European Union workers and third-country national seasonal workers, collective agreements of whatever kind which have been concluded ~~by the most representative employers' and labour organisations at national level and which are applied throughout national territory~~at any level, including at company level, and are applicable to the employment relationship should apply to third-country national seasonal workers.

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Recital 22

(22) Third-country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 on the coordination of social security systems. 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.

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Recital 11

(11) It should ~~only~~ be possible to apply for admission as a seasonal worker while the applicant is residing either in or outside the territory of the Member States.

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Recital 23

(23) To facilitate enforcement, relevant designated third parties such as trade unions or other associations should be able to lodge complaints and actions in order to ensure effective application of the Directive. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences.

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Recital 23 a (new)

(23a) Member States must ensure that appropriate checks and effective inspections are carried out in order to guarantee proper enforcement of this Directive. To that end, Member States must grant the competent authorities sufficient powers and resources. The results of inspections must be collated in an appropriate report and will serve to improve enforcement of this Directive.

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Article 3 – point f

(f) ‘~~universally applicable~~ collective agreement’ means a collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collectivell kinds of collective agreements which have been concluded at any level, including at company level, and agre~~ements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory~~ applicable to the employment relationship of seasonal workers.

2011/09/23
Committee: EMPL

2010/0210(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Recital 23

(23) To facilitate enforcement, relevant designated third parties such as trade unions or other associations should be able to lodge complaints and file lawsuits in order to ensure effective application of the Directive. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences.

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Recital 25

(25) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union as well as the principles laid down in conventions of the International Labour Organisation, in particular Convention 118 of 28 June 1962 on Equality of Treatment, Convention 97 of 1 July 1949 on Migration for Employment and Convention 143 of 24 June 1975 on Migrant Workers.

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 16 – introductory part

~~Whatever~~Regardless of the law applicable to the employment relationship, ~~seasonal workers shall be entitled to~~the principle of equality of treatment with Member State national workers shall apply to seasonal workers:

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Article 16 – point 1 – subparagraph 1

1. working conditions, including pay and dismissal, working hours and holidays, as well as health and safety requirements at the workplace, applicable to seasonal work ~~as laid down by~~, taking into account not only the relevant laws, regulations or administrative provision ~~and/or universally applicable collective agreements in the Member State to which they have been admitted according to this Directive~~s, but also the collective agreements concluded at any level of the Member State concerned which are applicable to the employment relationship.

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Article 16 – point 1 – subparagraph 2

In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory;deleted

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Article 16 – point 2 – introductory part

~~2. e~~Equal treatment with nationals of the host Member State ~~as regards at least with regard to~~shall relate to the following rights in particular:

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Article 16 – point 2 – point a

(a) freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the right to take part in actions aimed at the conclusion of collective agreements, including strike action, and also including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Article 16 – point 2 – point a a (new)

(aa) the right to refuse to work where seasonal workers are used to break a strike;

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Article 16 – point 2 – point d

(d) access to goods and services and the supply of goods and services made available to the public~~, except public housing and counselling services afforded by employment services~~.

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Article 16 – point 2 – point d a (new)

(da) the right to submit complaints regarding their employer to the competent authorities and/or to bring actions before the competent courts, directly or through third parties such as employee organisations in accordance with the corresponding national statutory provisions, in order effectively to enforce the rights deriving from this Directive. The Member States shall provide effective mechanisms to safeguard this right.

2011/09/23
Committee: EMPL

2010/0210(COD)

Proposal for a directive
Article 6 – paragraph 3

3. Member States may reject an application if the employer has ~~been sanctioned in conformity with national law for undeclared work and/or illegal employment.~~:

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 6 – paragraph 3 – point a (new)

(a) been sanctioned in conformity with national law for undeclared work and/or illegal employment,

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 6 – paragraph 3 – point b (new)

(b) failed to meet the working conditions and remunerations as laid down in applicable collective agreements,

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 6 – paragraph 3 – point c (new)

(c) used third-country national seasonal workers to break a strike,

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 6 – paragraph 3 – point d (new)

(d) the employer has failed to meet his obligations concerning taxation and social security,

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a

(a) wherever the conditions laid down in Article 5 were not met or are no longer met; or

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b

(b) for reasons of public policy, public security or public health., in particular if:

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b – point i (new)

i) the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment,

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b – point ii (new)

ii) the employer has been sanctioned under Article 12(2),

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b – point iii (new)

iii) the employer has failed to meet the working conditions and remunerations as laid down in applicable collective agreements and national law,

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b – point iv (new)

iv) the employer has used third-country national seasonal workers to break a strike.

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 12 – paragraph 1 – point a

~~(a) upon application, issue up to three seasonal worker permits covering up to three subsequent seasons within one administrative act (‘multi-seasonal worker permit’), or~~deleted

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Proposal for a directive
Article 12 – paragraph 2 – point a

(a) a third-country national who has ~~not~~, in a severe manner, failed to compl~~ied~~y with the obligations arising from the admission decision during a previous stay as a seasonal worker, ~~and in particular with the obligation to return to a third country on the expiry of the permit,~~ shall be excluded from admission as seasonal worker for one or more subsequent years;

2011/07/20
Committee: LIBE EMPL

2010/0210(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 15 – point a

(a) the right to enter and stay in the territoryies of the Member State ~~issuing the permit~~of the European Union;

2011/07/20
Committee: LIBE EMPL

2010/0209(COD)

Proposal for a directive
Citation 1

– Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a) and (b) and 153 (1)(a) and (b),thereof,

2011/07/22
Committee: LIBE

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Recital 3

(3) The Communication from the Commission entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth7 sets the objective of the Union becoming an economy based on knowledge and innovation, reducing the administrative burden on companies and better matching labour supply with demand. Measures to make it easier for third-country managers, specialists or graduate trainees to enter the Union in the framework of an intra-corporate transfer should be seen in this broader context.deleted

2011/07/22
Committee: LIBE

2010/0209(COD)

Proposal for a directive
Recital 10

(10) For the purpose of this Directive, intra-corporate transferees encompass managers, and specialists ~~and graduate trainees~~ with a higher education qualification. Their definition builds on specific commitments of the Union under the General Agreement on Trade in Services (GATS) and bilateral trade agreements. Those commitments undertaken under the General Agreement on Trade in Services do not cover conditions of entry, stay and work. Therefore, this Directive complements and facilitates the application of those commitments. However, the scope of the intra-corporate transfers covered by this Directive is broader than that implied by trade commitments, as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement.

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Recital 11

(11) Intra-corporate transferees should benefit from the same working conditions as posted workers whose employer is established on the territory of the European Union, as defined by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. That requirementThis Directive is intended to protect workers and guarantee fair competition between undertakings established in a Member State and those established in a third country, as it ensures that the latter will not be able to benefit from lower labour standards to take any competitive advantage.

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Recital 7

(7) The set of rules established by this Directive is also beneficial to the migrants’ countries of origin as this temporary migration fosters transfers of skills, knowledge, technology and know- how.deleted

2011/07/22
Committee: LIBE

2010/0209(COD)

Proposal for a directive
Recital 11 a (new)

(11a) Member States must ensure that appropriate checks and effective inspections are carried out in order to guarantee proper enforcement of this Directive. To that end, Member States must grant the competent authorities sufficient powers and resources. The results of inspections must be collated in an appropriate report and will serve to improve enforcement of this Directive.

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Recital 14

(14) Third-country nationals who apply to be admitted as graduate trainees should provide evidence of the higher education qualifications required, namely of any diploma, certificate or other evidence of formal qualifications attesting the successful completion of a post-secondary higher education programme of at least three years. In addition, they must present a training agreement, including a description of the training programme, its duration and the conditions in which the trainees will be supervised, proving that they will benefit from genuine training and not be used as normal workers.deleted

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Recital 23

(23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. 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.

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Recital 15

(15) Unless this condition conflicts with the principle of Union preference as expressed in the relevant provisions of the Acts of Accession, no labour market test should be required, since this criterion would be in contradiction with the purpose of setting up a transparent and simplified scheme for admission of intra- corporate transferees.deleted

2011/07/22
Committee: LIBE

2010/0209(COD)

Proposal for a directive
Article 2 – paragraph 2 – point c b (new)

(cb) third-country nationals carrying out activities as temporary agency workers for an independent temporary agency or for a temporary agency within a company or a group of undertakings.

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 2 – paragraph 2 – point c c (new)

(cc) third-country nationals with a temporary contract with the undertaking of origin.

2011/06/28
Committee: EMPL

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 2 – paragraph 2 a (new)

2a. With the agreement of the social partners, Member States may restrict the scope of this Directive to particular sectors and subsectors of activity.

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Recital 24

(24) In order to make the specific set of rules put in place by this Directive more attractive and to allow it to produce all expected benefits for competitiveness of business in the Union, third-country national intra-corporate transferees should be granted favourable conditions for family reunification in the Member State which first grants the residence permit on the basis of this Directive. This right would indeed remove an important obstacle to potential intra-corporate transferees for accepting an assignment. In order to preserve family unity, family members should be able to join the intra-corporate transferee in any other Member ~~State under the conditions determined by the national law of such Member~~ State.

2011/07/22
Committee: LIBE

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
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, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory, under a new work contract with that entity;

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 1 – point a

(a) the conditions of entry to and residence ~~for more than three months~~and work permission in the territory of the Member States of third-country nationals and of their family members in the framework of an intra-corporate transfer;

2011/07/22
Committee: LIBE

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 1 – point b

(b) the conditions of entry to and residence ~~for more than three months~~ of third- country nationals, referred to in point (a), in Member States other than the Member State which first grants the third- country national a residence permit on the basis of this Directive.

2011/07/22
Committee: LIBE

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 3 – point e

(e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 2 – paragraph 1

1. This Directive shall apply to third- country nationals who ~~reside outside the territory of a Member State and~~ apply to be admitted to the territory of a Member State in the framework of an intra- corporate transfer.

2011/07/22
Committee: LIBE

2010/0209(COD)

Proposal for a directive
Article 3 – point f

(f) ‘'specialist’ means any person ~~possessing uncommon knowledge essential and specific to the host entity, taking ac~~who is transferred for highly qualified employment , having higher professional qualifications, knowledge at an advanced level and count ~~not only of knowledge specific to the host entity, but also of whether~~inuous expertise, and who possesses specific knowledge essential or relevant to the spe~~rson has a high level of qualification referring to a type of work or trade requiring specific technical knowledge~~cific activities of the host entity;

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 3 – point g

(g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in preparation for a managerial position within the company;deleted

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 3 – point n

(n) ‘~~universally applicable~~ collective agreement’ means all types of collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. In the absence of a system for declaring collective agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers and labour organisations at national level and which are applied throughout national territoryhave been concluded at any possible level, including the level of firms and undertakings, and which apply in the entity of the undertaking to which the specialist or manager has been transferred.

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 5 – paragraph 1 – point d

(d) provide evidence that he or she has the professional qualifications ~~needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for graduate trainees, the higher education qualifications required~~for the position of manager or specialist;

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1

Member States shall require that all conditions in the law, regulations or administrative provisions and/or universally applicable collective agreements applicable to posted workers in a similar situation in the relevant occupational branches are met with regard to the remuneration granted during the transfer.deleted

2011/06/28
Committee: EMPL

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2

In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory.deleted

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) provide evidence of employment within the same group of undertakings, for at least 12 months immediately preceding the date of the intra-corporate transfer, ~~if required by national legislation,~~ and that he or she will ~~be able to~~ transfer back to an entity belonging to that group of undertakings and established in a third country at the end of the assignment;

2011/07/22
Committee: LIBE

2010/0209(COD)

Proposal for a directive
Article 14 – introductory part

Whatever the law applicable to the employment relationship, intra-corporate transferees shall be ~~entitled to:~~covered by the principle of equal treatment with national employees.

2011/06/28
Committee: EMPL

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 14 – point 1 – subparagraph 1

the terms and conditions of employment ~~applicable to posted workers in a similar situation,~~ as laid down by law, regulation or administrative provision and~~/or universally applicable~~ collective agreements in the Member State to which they have been admitted pursuant to this Directive.

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c – point iii

(iii) the remuneration granted during the transfer, and its accordance with any collective agreements applicable to the host entity;

2011/07/22
Committee: LIBE

2010/0209(COD)

Proposal for a directive
Article 14 – point 1 – subparagraph 2

In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory.deleted

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 14 – point 2 – introductory part

eEqual treatment with nationals of the host Member State ~~as regards~~shall relate to the following rights in particular:

2011/06/28
Committee: EMPL

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 14 – point 2 – point a

(a) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the right to take part in actions aimed at the conclusion of collective agreements, including strike action, and also including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1

Member States shall require that all conditions in the law, regulations or administrative provisions and~~/or universally~~ applicable collective agreements ~~applicable to posted workers in a similar situation in the relevant occupational branches~~ are met with regard to the remuneration granted during the transfer.

2011/07/22
Committee: LIBE

2010/0209(COD)

Proposal for a directive
Article 14 – paragraph 2 – point d a (new)

(da) the right to submit complaints regarding their employer to the competent authorities and/or to bring actions before the competent courts, directly or through third parties such as employee organisations in accordance with the corresponding national statutory provisions, in order effectively to enforce the rights deriving from this Directive. The Member States shall provide effective mechanisms to safeguard this right;

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2

In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers‘ and labour organisations at national level and which are applied throughout national territory.deleted

2011/07/22
Committee: LIBE

2010/0209(COD)

Proposal for a directive
Article 14 – paragraph 2 – point d b (new)

(db) the right to refuse to work where intra-corporate transferees are used to break a strike;

2011/06/28
Committee: EMPL

2010/0209(COD)

Proposal for a directive
Article 14 – paragraph 2 – point e

(e) access to goods and services and the supply of goods and services made available to the public~~, except public housing and counselling services afforded by employment services~~.

2011/06/28
Committee: EMPL

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 6 – paragraph 2

2. Member States shall reject an application if the employer or the host entity has been sanctioned in conformity with national law for undeclared work and/or illegal employment or if provisions regarding working conditions and salaries as laid down in collective agreements as applicable by national law are not observed or if the employer or host entity has hired workers to break a strike.

2011/07/22
Committee: LIBE

2010/0209(COD)

Proposal for a directive
Article 6 – paragraph 3

~~3. Member States may reject an application on the grounds of volumes of admission of third-country nationals.~~deleted

2011/07/22
Committee: LIBE

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 7 – paragraph 1 – point b

~~(b) where the holder is residing for purposes other than those for which he/she was authorised to reside.~~deleted

2011/07/22
Committee: LIBE

2010/0209(COD)

Proposal for a directive
Article 10 – paragraph 2

~~2. The application shall be considered and examined only when the third-country national is residing outside the territory of the Member State to which admission is sought.~~deleted

2011/07/22
Committee: LIBE

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 13 – point 2

2. free access to the entire territoryies of the Member State ~~issuing the permit~~s of the European Union within the limits provided for by national law;

2011/07/22
Committee: LIBE

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 15 – paragraph 4

4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by the first Member State, if the conditions for family reunification are fulfilled,. The competent authorities of the first Member State shall undertake to process the residence permit request for the family members at the same time as the permit request for the intra-corporate transferee. In more complex cases, the procedure shall be completed at the latest within two months from the date on which the application was lodged.

2011/07/22
Committee: LIBE

2010/0209(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 15 – paragraph 5 a (new)

5a. By way of derogation from Article 14(2) of Directive 2003/86/EC, the family members of an intra-corporate transferee who have the right of residence in a Member State shall be entitled to take up employment or self-employment there, for the same duration as the transferee.

2011/07/22
Committee: LIBE

2010/0115(NLE)

Proposal for a decision
Recital 1

(1) The Treaty on the Functioning of the European Union stipulates in Article 145 that Member States and the EU shall work towards developing a coordinated strategy for employment and particularly for promoting ~~a skilled, trained and adaptable workforce and labour markets responsive to economic cha~~education, vocational traininge and with a view to achieving the objectives set out in Article 3 of the Treaty on European Union. Member States, having regard to national practices related to the responsibilities of management and labour, shall regard promoting employment as a matterfurther training and integration of workers into labour markets, which have become – and will remain – necessary because of eco~~mmon concern and shall coordinate their action in this respect with~~nomic change, with a view to achieving the ~~Council, in accordance with the provisions of~~objectives set out in Article ~~148~~3 of the Treaty on ~~the Functioning of the~~ European Union.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 2

(2) The Treaty on European Union stipulates in Article 3.3 that the Union shall combat social exclusion and discrimination, ~~and shall~~ promote social justice and pro~~tection and provides for the Union’s~~vide social protection; it is also expected to take initiatives to ensure coordination of Member States' social policies. Article 9 of the Treaty on the Functioning of the European Union provides that in defining and implementing its policies and activities, the Union shall take into account requirements linked to promoting a high level of employment and to the guarantee of adequate social protection and the fight against social exclusion and linked to a high level of education and training and protection of health.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 4

(4) The Lisbon Strategy, launched in 2000, was based on an acknowledgement of the EU’s need to ~~increas~~preserve its productivity and competitiveness, while enhancing social cohesion, in the face of global competition, economic interdependences and changes, technological change and a~~n age~~ changing population. The Lisbon Strategy was re- launched in 2005, after a mid-term review which led to greater focus on growth, more and better jobs. Ultimately, the Lisbon Strategy failed to achieve its targets. With its focus on competitiveness, cost-cutting, dismantling of the welfare state, ever more flexible labour markets, liberalisation of markets in general and deregulation of financial markets in particular, it aggravated inequality in the distribution of income and wealth, the growth of poverty, social exclusion, low- paid work and precarious employment. It is now time for an alternative strategy of the European Union for sustainable development, social justice and full employment.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 5

(5) The Lisbon strategy for growth and jobs ~~helped forge consensus around~~should help to determine the broad direction of the EU’s economic and employment policies. Under the strategy, both broad economic policy guidelines and employment guidelines were adopted by the Council in 2005 and revised in 2008. The 24 guidelines laid the foundations for the national reform programmes, outlining the key macro-economic, micro-economic and labour market reform priorities for the EU as a whole. However, experience shows that the guidelines did not set ~~clear enough priorities and that links between them could have been stronger~~sufficiently binding objectives for social, political and cultural participation by all residents of the European Union and for the sustainable ecological conversion of the economy. This limited their impact on national policy- making.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 6

(6) The financial and economic crisis that started in 2008 resulted in a significant loss in jobs and potential output and has led to a dramatic deterioration in public finances. The European Economic Recovery Plan has nevertheless helped Member States to deal with the crisis, partly through a coordinated fiscal stimulus, with the euro providing an anchor for macroeconomic stability. The crisis therefore showed that coordination of Union's policies canould have delivered significant results if it ishad been strengthened and rendered effective. TIn addition, the crisis also underscored the ~~close interdependence of the Member States’ economies and labour markets~~fact that the internal market urgently needs to be complemented by a social and ecological Union so that fewer people need suffer from the impact of impending crises of capitalism.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 7

(7) The Commission proposed to set up a new strategy for the next decade, the Europe 2020 Strategy, to enable the EU to emerge stronger from the crisis~~, and to turn its economy towards smart,~~ and also respond more effectively to future upheavals and crises, and to turn its economy towards viable, ecologically and economically sustainable and inclusive ~~growth. Five h~~economic management. Headline targets, listed under the relevant guidelines, constitute shared objectives guiding the action of the Member States and of the Union. Member States should ~~make every effort to~~ meet the national targets and to remove the ~~bottlenecks that constrain growth~~obstacles to a restructuring process accompanied by the creation of more, high-quality jobs.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 8

(8) As part of comprehensive "exit strategies" for the economic crisis, Member States should carry out ambitious reforms to ensure an improved macroeconomic stability and the sustainability of public finance, improve competitiveness, reduce macroeconomic imbalances and enhance labour market performance. The withdrawal of the fiscal stimulus should be implemented and coordinated within the framework of the Stability and Growth Pacperformance targeting socially and environmentally sustainable development, reduce macroeconomic imbalances and enhance high quality employment and social protection. The fiscal stimulus should be continued for the next three to five years to overcome economic stagnation and rising unemployment. Coordinated fiscal stimulus at Member State and EU level must be oriented towards economic recovery via a targeted EU Recovery Plan which is streamlined in terms of gender-equality in all of its components, mobilising one per cent of EU GDP each year for investing in environmentally, socially and economically sustainable development, thus providing for an entry strategy for new quality employment.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 9

(9) Within the Europe 2020 strategy, Member States should implement reforms aimed at ‘smart ~~growth’, i.e. growth~~management of the economy’, i.e. which is driven by knowledge and innovation. Reforms should aim at improving the quality of education, ensuring access for all, and ~~strengthen~~preserving research and business performance in order to promote innovation and knowledge transfer throughout the EU. They should encourage e~~ntrepreneurship and~~conomic activity which helps to turn creative ideas into innovative products, innovative - particularly socially valuable - services and processes that can create ~~growth,~~ quality jobs, territorial, economic and social cohesion with a high level of comprehensive social protection, and address more efficiently European and global societal challenges. Making the most of information and communication technologies is essential in this context.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 1

(1) The Treaty on the Functioning of the European Union stipulates in Article 145 that Member States and the EU shall work towards developing a coordinated strategy for employment and particularly for promoting ~~a skilled, trained and adaptable workforce and labour markets responsive to economic cha~~education, vocational traininge and with a view to achieving the objectives set out in Article 3 of the Treaty on European Union. Member States, having regard to national practices related to the responsibilities of management and labour, shall regard promoting employment as a matter of common concern and shall coordinate their action in this respect withfurther training and integration of employees into labour markets, which have become – and will remain – necessary because of economic change with a view to achieving the ~~Council, in accordance with the provisions of~~objectives set out in Article ~~148~~3 of the Treaty on ~~the Functioning of the~~ European Union.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 2

(2) The Treaty on European Union stipulates in Article 3.3 that the Union shall combat social exclusion and discrimination, ~~and shall~~ promote social justice and pro~~tection and provides for the Union’s~~vide social protection; it is also expected to take initiatives to ensure coordination of Member States' social policies. Article 9 of the Treaty on the Functioning of the European Union provides that in defining and implementing its policies and activities, the Union shall take into account requirements linked to promoting a high level of employment and to the guarantee of adequate social protection and the fight against social exclusion and linked to a high level of education and training and protection of health.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 10

(10) Member States should also, through their reform programmes, aim at ‘sustainable ~~growth~~development’. Sustainable ~~growth~~development means building a resource- efficient, sustainable ~~and competitive economy, a fair distribution of the cost and benefits and exploiting Europe’s leadership in the race to develop~~economy, and developing new processes and technologies, ~~including~~particularly green technologies. Member States should implement the necessary reforms to reduce greenhouse gases emissions and use resources efficiently. They should also improve the business environment for SMEs, stimulate creation of green, sustainable jobs and modernise their industrial base. Particularly in the field of conversion to different products, sufficient funding must be made available to be able to perform the resultant restructuring processes and deal with the impact on employees.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 11

(11) Member States’ reform programmes should ~~also~~ aim at ‘inclusive ~~growth’. Inclusive growth~~economic management’. Inclusive economic management means building a cohesive society in which people are empowered to anticipate and manage change, thus to actively participate in politics, society and ~~economy~~cultural life. Member States’ reforms should therefore ensure access ~~and opportunities~~ for all throughout the lifecycle~~, thus~~ to an income which prevents poverty and to service activities requiring skills, thus enabling them to pursue a dignified and autonomous life and reducing poverty and social exclusion, through removing barriers to labour market participation of employees' own choosing, especially for women, older workers~~, young people, disabled and legal~~ – particularly women – young people, people with disabilities and migrants. They should also make sure that the benefits of ~~economic growth~~sustainable and inclusive economic management reach all citizens and all regions. Ensuring ~~effective functioning of the~~that labour markets are inclusive through investing in successful integration and transitions, appropriate skills development, rising job quality in accordance with the 'decent work' principles of the International Labour Organisation (ILO) and in the light of the conclusions of the informal meeting of Ministers for Employment and Social Affairs in Berlin from 18 to 20 January 2007 on the subject of 'good work'1, and fighting segmentation, structural unemployment and involuntary inactivity while ensuring ~~adequate, sustainable social protection and active inclusion to reduce poverty should therefore be at the heart of Member States’ reform programmes.~~comprehensive social protection which goes beyond preventing poverty and social and cultural inclusion should therefore be at the heart of Member States’ reform programmes. At the same time, economic and social inequalities must be massively reduced. _____ 1 'Europe needs an improved, joint effort to promote ‘good work’, which covers workers’ rights and participation, fair pay, security and health protection at work, and organisation of work which takes families into account. Working conditions which are favourable and fair and appropriate social protection are necessary if the European Union is to be accepted by its citizens.'

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 4

(4) The Lisbon Strategy, launched in 2000, was based on an acknowledgement of the EU’s need to ~~increas~~preserve its productivity and competitiveness, while enhancing social cohesion, in the face of global competition, economic interdependences and changes, technological change and a~~n age~~ changing population. The Lisbon Strategy was re- launched in 2005, after a mid-term review which led to greater focus on growth, more and better jobs. Ultimately, the Lisbon Strategy failed to achieve its targets. With its focus on competitiveness, cost-cutting, dismantling of the welfare state, ever more flexible labour markets, liberalisation of markets in general and deregulation of financial markets in particular it aggravated inequality in the distribution of income and wealth, the growth of poverty, social exclusion, low- wage work and precarious employment. It is now time for an alternative strategy of the European Union for sustainable development, social justice and full employment.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 11 a (new)

(11a) In the light of the objective of 'inclusive growth', Member States should, at the initiative of the Commission, establish a legislative framework for the new forms of employment which places the employees concerned on an equal footing and facilitates employment which does not promote further fragmentation of the labour market and which guarantees comprehensive protection of the individual and collective rights of employees and affords them the requisite social protection.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 12

(12) The EU's and Member States' structural reforms can effectively contribute to growth and jobs if they enhance the EU's competitiveness in the global economy, open up new opportunities for Europe's exporters and provide competitive access to vital imports. Reforms should therefore take into account their external competitiveness implications to foster European growth and participation in open and fair markets worldwide.deleted

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 5

(5) The Lisbon strategy for growth and jobs ~~helped forge consensus around~~should help to determine the broad direction of the EU’s economic and employment policies. Under the strategy, both broad economic policy guidelines and employment guidelines were adopted by the Council in 2005 and revised in 2008. The 24 guidelines laid the foundations for the national reform programmes, outlining the key macro-economic, micro-economic and labour market reform priorities for the EU as a whole. However, experience shows that the guidelines did not set ~~clear enough priorities and that links between them could have been stronger~~sufficiently binding objectives for social, political and cultural participation by all residents of the European Union and for the sustainable ecological conversion of the economy. This limited their impact on national policy- making.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 13 a (new)

(13a) When programming and implementing EU funding, including from the European Social Fund and the Cohesion Fund, Member States should take account of the EU 2010 Strategy, particularly its employment policy and social policy aspects.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 14

(14) While these guidelines are addressed to Member States, it is essential that the Europe 2020 strategy should be implemented in partnership with all national, regional and local authorities, closely associating parliaments, as well as social partners and representatives of civil society~~, who shall~~. Social partners at national level have a particular role to play here, because without their participation it would not in practice be possible to implement the employment strategy in businesses. All parties must be given equal rights to contribute to the elaboration of national reform programmes, to their implementation and to the overall communication on the strategy.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 15

(15) The Europe 2020 strategy is underpinned by a ~~smaller~~ set of guidelines, replacing the previous set of 24 and addressing employment and broad economic policy issues in a coherent manner. The guidelines for the employment policies of the Member States, annexed to this Decision, are intrinsically linked with the guidelines for the economic policies of the Member States and of the Union, annexed to Council Recommendation […] of […]. Together, they form the ‘Europe 2020 integrated guidelines’.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 6

(6) The financial and economic crisis that started in 2008 resulted in a significant loss in jobs and potential output and has led to a dramatic deterioration in public finances. The European Economic Recovery Plan has nevertheless helped Member States to deal with the crisis, partly through a coordinated fiscal stimulus, with the euro providing an anchor for macroeconomic stability. The crisis therefore showed that coordination of the Union's policies canould have delivered significant results if it ishad been strengthened and rendered effective. TIn addition, the crisis also underscored the ~~close interdependence of the Member States’ economies and labour markets~~fact that the internal market urgently needs to be complemented by a social and ecological Union so that fewer people need suffer from the impact of impending crises of capitalism.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 16

(16) These new integrated guidelines reflect 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.~~ . These guidelines will form the basis for any country-specific recommendations that the Council may address to the Member States. They will also form the basis for the establishment of the Joint Employment Report sent annually by the Council and Commission to the European Council.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 17 a (new)

(17a) In the meantime the measures taken and their results should be analysed academically and reviewed critically.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Guideline 7 – paragraph - 1 (new)

All policies made and measures taken in the framework of the Employment Guidelines shall strongly promote equality for women and men and shall be gender mainstreamed. This includes affirmative action policies aimed at enhancing women's rights and equality. Social protection systems should be reviewed with a view to abolishing elements that generate gender inequalities, better working conditions should be secured in sectors where women are heavily represented, involuntary part time employment decreased and gender equality in training and education ensured. In this framework, the EU sets a target to reduce the gender pay gap to 0- 5% by 2020. Furthermore, the EU sets targets on increased provision of accessible, affordable, flexible and high- quality care services for all, in particular access to child care facilities by aiming to ensure 70% of necessary care for 0-3 year-old children and 100% of care for 3- 6 year-old children and will introduce, over the time span of the EU 2020 Strategy, specific targets for the care of other dependents, including the elderly, on the basis of an ongoing assessment of actual and potential care needs.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Guideline 7 – paragraph 1

~~Member States should integrate~~Previous empirical surveys of the EU's labour markets have shown that flexibility of employment has the most deleterious impact on employability, as flexible employment contracts (employment below the fle~~xicurity principles endorsed by the European Council into their labour market policies and apply them~~vel at which social security is compulsory, temporary agency work, fixed-term employment contracts, project work etc.) are associated not only with poorer social protection and smaller incomes but also with a lack of opportunities for further training, professional development and lifelong learning, and that the more flexible employment is, the more precarious it is. Member States should integrate and apply the concept of GOOD WORK, making full use of European Social Fund support with a view to increasing labour market participation and combating segmentation and involuntary inactivity, and gender inequality, whilst reducing structural unemployment. ~~Measures to enhance flexibility and security should be both ba~~The concept of GOOD WORK puts a strong focus on promoting quality in work, improved social security and social inclusion, introducing new workers rights and enhancing existing ones, promoting health and safety at work, better social risk-management and the reconciliation of work and private life. Strong measures to enhance security by phasing out precarious employment and those atypical contractual arrangements related to such insecure forms of employment should be launched ~~and mutually reinforcing~~by the Member States, with a view to restricting and reducing atypical forms of employment, the misuse of which should be punished. Member States ~~should~~must therefore introduce a combination of ~~flexibl~~secure and reliable employment contracts, active and integrative labour market policies, effective lifelong learning, policies to ~~promote labour mobility, and adequate~~support the right to voluntarily- chosen labour mobility, and effective, high quality social security systems to secure professional transitions accompanied by clear rights ~~and responsibilities~~ for the unemployed to a~~ctively seek work~~dequate benefits and tailor-made measures to find quality employment or training and upgrading of their skills and competencies.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 7

(7) The Commission proposed to set up a new strategy for the next decade, the Europe 2020 Strategy, to enable the EU to emerge stronger from the crisis~~, and to turn its economy towards smart,~~ and also respond more effectively to future upheavals and crises, and to turn its economy towards viable, ecologically and economically sustainable and inclusive ~~growth. Five h~~economic management. Headline targets, listed under the relevant guidelines, constitute shared objectives guiding the action of the Member States and of the Union. Member States should ~~make every effort to~~ meet the national targets and to remove the ~~bottlenecks that constrain growth~~obstacles to a restructuring process accompanied by the creation of more, high-quality jobs.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Guideline 7 – paragraph 2

Member States should ~~step up~~use social dialogue and tackle labour market segmentation with measures addressing temporary and precarious employment, ~~underemployment and undeclared work. Professional mobility should be rewarded~~discrimination against women, migrants, older people and people with disabilities, underemployment and undeclared work. Undeclared employment should be fought through fiscal measures for low earners and for trades and crafts and through more intensive monitoring by labour inspectorate services and social insurance bodies. Professional mobility should be rewarded by measures under employment, social and fiscal legislation. The quality of ~~jobs~~work and employment conditions ~~should~~must be addressed by fighting low-wages and by ensuring ~~adequate~~poverty-proof social security also for those ~~on fixed~~with precarious and other forms of atypical contracts and the self- employed. ~~Employment services should be~~Member States should agree an EU target for minimum wages (whether statutory or collectively agreed at national, regional or sectoral level) to guarantee remuneration of at least 60% of the relevant (national, sectoral, etc.) average income and, further, lay down a timetable for achieving that target in all Member States. Employment services must be effectively strengthened and open to all, including young people and in particular those threatened by unemployment, and appropriate measures provided within the context of active, inclusive labour market policies, with personalised services targeting those furthest away from the labour market.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Guideline 7 – paragraph 3

In order to ~~increase competitiveness~~promote environmentally and socially sustainable development and raise participation levels, particularly for the low-skilled, ~~and in line with economic policy guideline 2,~~ Member States should ~~review~~adapt tax and benefit systems and increase the capacity of public services to provide the necessary support. Member States should increase labour force participation through policies to promote ~~active ageing~~the concept of GOOD WORK, gender equality and equal pay for equal work or work of equal value, and labour market integration of young people, disabled, ~~legal~~ migrants and other vulnerable groups. In that respect a European Youth Guarantee securing the right of every young person in the EU to be offered a suitable well-paid job in line with their qualifications and skills, an apprenticeship, additional training or combined work and training immediately upon facing unemployment is necessary. Work-life balance policies with the provision of affordable care and innovation in work organisation should be geared to a reduction of working time without loss of pay and thus raising employment rates, particularly among youth, older workers and women, in particular to retain highly- skilled women in scientific and technical fields. ~~Member States should also remove barriers to labour market entry for newcomers, support self-employment and job creation in areas including green employment and care and promote social innovation~~Furthermore, work-life balance policies should strengthen security in terms of employment transition based on good job protection by enhancing social rights and social protection to prevent risks to income and to ensure the maintenance and acquisition of pension rights and health-care coverage etc. during employment transitions, and also during leave periods (e.g. for caring for dependent persons, further training and education, sabbaticals etc.). Member States should promote the reconciliation of work and private life also by a clear reduction of the average weekly working time as well as a clear lowering of the weekly statutory maximum working hours and a strict limitation of overtime hours. Member States should also remove barriers to labour market entry for newcomers, support self-employment and job creation in areas including green employment and high-valued, in particular social services, and promote social innovation. Access to labour market for young people and newcomers should be enabled by limiting effectively working life.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Guideline 7 – paragraph 4

The EU headline target, on the basis of which Member States will set their national targets, is of aiming to bring by 2020 to 75% the employment rate for women and men aged 20-64 including through the greater participation of youth, older workers - especially older women - and low skilled workers and the better integration of ~~legal~~ migrants.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Guideline 8 – title

Guideline 8: ~~Developing a skilled workforce responding to labour market needs, promoting job quality and~~Improving the level of education and training and further training among employees and promoting lifelong learning

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Guideline 8 – paragraph 1

Member States should promote ~~productivity and employability through an adequate supply of knowledge and skills to match current and future demand in the labour marke~~a broad supply of knowledge and skills in order that workers, under the conditions of permanent processes of restructuring and change in all three sectors of the labour market, can obtain a permanent, full-time job which ensures them a livelihood and enables social and cultural involvement. Quality initial education and attractive vocational training must be complemented with effective incentives for lifelong learning, second-chance opportunities, ensuring every adult at any time the chance to move one step up in their qualification, and by targeted migration and integration policies. Member States ~~should~~must develop systems for recognising acquired competencies, remove barriers to occupational and geographical mobility of workers, promote the acquisition of transversal competences and creativity, ~~and~~ focus their efforts particularly on supporting those with low skills, and ~~increasing the employability of older workers~~combat discrimination in connection with access to education and training and further training, while at the same time enhance the training, skills and experience of ~~highly~~ skilled workers, including researchers.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 8

(8) As part of comprehensive "exit strategies" for the economic crisis, Member States should carry out ambitious reforms to ensure an improved macroeconomic stability and the sustainability of public finance, improve competitiveness, reduce macroeconomic imbalances and enhance labour market performance. The withdrawal of the fiscal stimulus should be implemented and coordinated within the framework of the Stability and Growth Pact. performance targeting socially and environmentally sustainable development, reduce macroeconomic imbalances and enhance high quality employment and social protection. The fiscal stimulus should be continued over the next three to five years to overcome economic stagnation and rising unemployment. Coordinated fiscal stimulus at Member State and EU level must be oriented towards economic recovery via targeted EU recovery plan which is streamlined in terms of gender-equality in all of its components, mobilising one per cent of EU GDP each year for investing in environmentally sustainable development, thus providing for an entry strategy for new quality employment.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Guideline 8 – paragraph 2

In cooperation with the social partners and business, Member States should improve access to training, strengthen education and career guidance combined with systematic information on, and appropriate measures to promote, new job openings and opportunities, promotion of ~~entrepreneurship~~business involvement in education and training and further training and enhanced anticipation of skill needs. Investment in ~~human resource~~personnel planning and development, up- skilling and participation in lifelong learning schemes should be promoted through joint financial contributions from governments~~, individuals~~ and employers. To support young people and in particular those not in employment, education or training, Member States in cooperation with the social partners, should enact schemes to help ~~recent graduates~~young people with or without a school leaving qualification find initial employment or further education and training opportunities, including apprenticeships, and intervene rapidly when young people become unemployed. Regular monitoring of the performance of up-skilling and anticipation policies should help identify areas for improvement and ~~increase the responsiveness of education and training systems to labour market needs~~make education and training systems more geared towards growth fields of work of the future. EU funds should be fully mobilised by Member States to support these objectives.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Guideline 9 – paragraph 1

In order to ensure access to quality education and training for all and to improve educational outcomes, Member States should invest efficiently in education and training and further training systems notably to raise the skill level of the EU's workforce, allowing it to ~~meet~~respond to the rapidly changing ~~needs of modern labour markets~~world of work. Action should cover all sectors (from early childhood education and schools through to higher education, vocational education and training, as well as adult training) taking also into account learning in informal and non-formal contexts. Reforms should aim to ensure the acquisition of the key competencies that every individual needs for success in a knowledge-based economy, notably in terms of employability, further learning, or ICT skills. Steps should be taken to ensure learning mobility of young people and teachers ~~becomes the norm~~is facilitated. Member States should improve the openness and relevance of education and training systems, particularly by implementing national qualification frameworks enabling ~~flexible~~open learning pathways, including for those who are older, and by developing partnerships between the worlds of education/training and work. The teaching profession should be made more attractive. Higher education should become more open to non-traditional learners and participation in tertiary or equivalent education should be increased. With a view to reducing the number of young people not in employment, education, or training, Member States should take all necessary steps to prevent early school leaving. For people who, for various reasons, are unable to participate in these systems, social protection which goes further than preventing poverty should be guaranteed. For people who, because of illness and/or disability, are no longer able to practise their previous occupation, special vocational further training and/or retraining measures should be provided.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Guideline 9 – paragraph 2

The EU headline target, on the basis of which Member States will set their national targets, is to reduce the drop out rate to 10%, whilst increasing the share of the population aged 30-34 having completed tertiary ~~or equivalent~~ education to at least 40% in 2020.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Guideline 10 – paragraph 1

~~Member States’~~To achieve this goal, Member States should intensify efforts to ~~reduc~~eliminate poverty, including working poor conditions. Efforts should be aimed at promoting full participation ~~in society and~~, of people’s own deciding, in politics, society, the arts, and the economy and extending employment opportunities, making full use of the European Social Fund. Efforts should also concentrate on ~~ensuring~~maintaining and bringing about both equal opportunities~~, including through~~ and access to affordable, sustainable and high -quality services and public services (including online services, in line with guideline 4) and in particular health care, specifically as regards social welfare, employment, health, and neighbourhood services. Member States should put in place active and effective anti-discrimination measures. Equally, to fight social exclusion, empower people and promote labour market participation, social protection systems, lifelong learning and active inclusion policies should be enhanced to create opportunities at different stages of people’s lives and shield them from the risk of exclusion. Social security and pension systems must be modernised to ensure that they can be fully deployed to ensure ~~adequate income support~~income above the poverty threshold and access to healthcare — thus providing social cohesion ~~— whilst at the same time remaining financially sustainable~~. Benefit systems should focus on ensuring income security during transitions and reducing poverty, in particular among groups most at risk from social exclusion, such as one- parent families, minorities, people with disabilities, children and young people, elderly women and men, legal migrants and the homeless. Member States should also actively promote the social economy and social innovation in support ofminorities, people with disabilities, children and young people, elderly women and men, migrants and the homeless. Member States should agree on an EU- wide commitment to ending street homelessness by 2015 and seek to frame integrated policy measures offering access to affordable decent housing with the necessary energy provision for all. The Council should agree on an EU target for minimum income systems and contribution-based income substitute benefit systems, whereby the income support provided should be not less than 60% of the national median equivalised income, and, in addition, on a compliance schedule. With a view to eliminating child poverty in the EU, Member States should undertake to achieve a 50% reduction by 2012, on the understanding that such a cut should not be measured by economic indicators alone, and should make the necessary provision to attain that goal. The fact that a child, in particular for one-parent families, should constitute a poverty risk is incompatible with the aims of the EU. The parents concerned should be shielded from that risk by means of free childcare, social support, and tailor- made support from employment agencies. Member States should also actively promote the social economy and social innovations designed to address the different social risks which arise during people’s lifetime, especially where the most vulnerable. are concerned.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Guideline 10 – paragraph 2

The EU headline target, on the basis of which Member States will set their national targets, is to ~~reduce by 25% the number of~~eliminate poverty and, as a first step, reduce by 50 % by 2015 the number of people in the Europeans Union living below the national poverty lines~~, lifting over 20 million people out of poverty~~.

2010/06/16
Committee: ECON

2010/0115(NLE)

Proposal for a decision
Recital 9

(9) Within the Europe 2020 strategy, Member States should implement reforms aimed at ‘smart ~~growth’, i.e. growth~~management of the economy’, i.e. which is driven by knowledge and innovation. Reforms should aim at improving the quality of education, ensuring access for all, and ~~strengthen~~preserving research and business performance in order to promote innovation and knowledge transfer throughout the EU. They should encourage e~~ntrepreneurship and~~conomic activity which helps to turn creative ideas into innovative products, innovative - particularly socially valuable - services and processes that can create ~~growth,~~ quality jobs, territorial, economic and social cohesion with a high level of comprehensive social protection, and address more efficiently European and global societal challenges. Making the most of information and communication technologies is essential in this context.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 10

(10) Member States should also, through their reform programmes, aim at ‘sustainable ~~growth’~~development. Sustainable ~~growth~~development means building a resource- efficient, sustainable ~~and competitive economy, a fair distribution of the cost and benefits and exploiting Europe’s leadership in the race to develop~~economy, and developing new processes and technologies, ~~including~~particularly green technologies. Member States should implement the necessary reforms to reduce greenhouse gases emissions and use resources efficiently. They should also improve the business environment for SMEs, stimulate creation of green, sustainable jobs and modernise their industrial base. Particularly in the field of conversion to different products, sufficient funding must be made available to be able to perform the resultant restructuring processes and deal with the impact on employees.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 11

(11) Member States’ reform programmes should ~~also~~ aim at ‘inclusive ~~growth’. Inclusive growth~~economic management’. Inclusive economic management means building a cohesive society in which people are empowered to anticipate and manage change, thus to actively participate in politics, society and ~~economy~~cultural life. Member States’ reforms should therefore ensure access ~~and opportunities~~ for all throughout the lifecycle~~, thus~~ to an income which prevents poverty and to service activities requiring skills, thus enabling them to pursue a dignified and autonomous life and reducing poverty and social exclusion, through removing barriers to labour market participation of employees' own choosing, especially for women, older workers~~, young people, disabled and legal~~ – particularly women – young people, people with disabilities and migrants. They should also make sure that the benefits of ~~economic growth~~sustainable and inclusive economic management reach all citizens and all regions. Ensuring ~~effective functioning of the~~that labour markets are inclusive through investing in successful transitions, appropriate skills development, rising job quality and fighting segmentation, structural unemployment and inactivity while ensuring adequate, sustainable social protection and active inclusion to reduce poverty should therefore be at the heart of Member States’ reform programmesin accordance with the 'decent work' principles of the International Labour Organisation (ILO) and in the light of the conclusions of the informal meeting of Ministers for Employment and Social Affairs in Berlin from 18 to 20 January 2007 on the subject of 'good work', namely that Europe needs an improved, joint effort to promote ‘good work’, which covers workers’ rights and participation, fair pay, security and health protection at work, and organisation of work which takes families into account, as well as working conditions which are favourable and fair and appropriate social protection, which are necessary if the European Union is to be accepted by its citizens, and fighting segmentation, structural unemployment and involuntary inactivity while ensuring comprehensive social protection which goes beyond preventing poverty and social and cultural inclusion should therefore be at the heart of Member States’ reform programmes. At the same time, economic and social inequalities must be massively reduced.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 11 a (new)

(11a) In the light of the objective of 'inclusive growth', Member States should, upon a proposal from the Commission, establish a legislative framework for the new forms of employment which places the employees concerned on an equal footing and facilitates employment which does not promote further fragmentation of the labour market and which guarantees comprehensive protection of the individual and collective rights of employees and affords them the requisite social protection.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 12

(12) The EU's and Member States' structural reforms can effectively contribute to growth and jobs if they enhance the EU's competitiveness in the global economy, open up new opportunities for Europe's exporters and provide competitive access to vital imports. Reforms should therefore take into account their external competitiveness implications to foster European growth and participation in open and fair markets worldwide.deleted

2010/06/16
Committee: EMPL

2010/0115(NLE)

Recital 13 a (new)

(13a) When programming and implementing EU funding, including from the European Social Fund and the Cohesion Fund, Member States should take account of the EU 2010 Strategy, particularly its employment policy and social policy aspects.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 14

(14) While these guidelines are addressed to Member States, it is essential that the Europe 2020 strategy should be implemented in partnership with all national, regional and local authorities, closely associating parliaments, as well as ~~social partners and representatives of civil society, who shall~~representatives of civil society. Social partners at national level have a particular role to play here, because without their participation it would not in practice be possible to implement the employment strategy in businesses. All parties must be given equal rights to contribute to the elaboration of national reform programmes, to their implementation and to the overall communication on the strategy.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 15

(15) The Europe 2020 strategy is underpinned by a ~~smaller~~ set of guidelines, replacing the previous set of 24 and addressing employment and broad economic policy issues in a coherent manner. The guidelines for the employment policies of the Member States, annexed to this Decision, are intrinsically linked with the guidelines for the economic policies of the Member States and of the Union, annexed to Council Recommendation […] of […]. Together, they form the ‘Europe 2020 integrated guidelines’.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Recital 16

(16) These new integrated guidelines reflect 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~~. These guidelines will form the basis for any country-specific recommendations that the Council may address to the Member States. They will also form the basis for the establishment of the Joint Employment Report sent annually by the Council and Commission to the European Council.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Ilda FIGUEIREDO, Thomas HÄNDEL

Proposal for a decision
Recital 17 a (new)

(17a) In the meantime the measures taken and their results should be analysed academically and reviewed critically.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Annex – Guideline -7 (new)

Guideline: Gender equality Member States will, through specific gender equality targets, gender mainstreaming and specific policy actions, increase female employment that fully respects women's rights and eliminate the gender pay gap, discrimination, and gender gaps in employment and unemployment rates; Member States should aim to achieve a 75% employment rate for women and men (based on full-time equivalents) by 2020, through, inter alia, - more public and private investment, more quality public services and support for families and individuals; - ensuring accessible, affordable, flexible and high-quality services, in particular, access to child care facilities by aiming to ensure conditions for 50% of necessary care for 0-3 year-old children and 100% of care for 3-6 year-old children, and improved access to care for other dependents, in particular older persons; - addressing precarious working conditions since the majority affected by them are women; - more and better use of skills of women belonging to minorities and migrants; - recognition of the rights of assisting spouses and life partners, who in majority of cases are women, who provide help in handicrafts, trade, agriculture, fisheries and small family businesses, to appropriate protection in the field of social security and of their work; - improving working conditions and the valuation of work in sectors where mostly women are represented (i.e., care and domestic work, certain service sectors,); Member States should step up their efforts to fully apply the principle of equal pay for equal work and aim to reduce the gender pay gap to 0-5% by 2020. These targets will be supported by the Commission revised Directive 75/117/EEC, a legislative proposal which is more effective than the existing legislation and which provides for measures in the event of a breach of the right to equal pay, and to ensure that these are dissuasive and proportional (for instance, higher sanctions in case of repeat offences);

2010/06/16
Committee: EMPL

2010/0115(NLE)

Annex – Guideline 7 – paragraph -1 (new)

All policies and measures taken in the framework of the Employment Guidelines shall strongly promote equality for women and men and shall be gender mainstreamed. This includes affirmative action policies aimed at enhancing women´s rights and equality. Social protection systems should be reviewed with a view to abolish elements that generate gender inequalities, better working conditions should be secured in sectors where women work, involuntary part time employment decreased and gender equality in training and education ensured. In this framework, the EU sets a target to reduce the gender pay gap to 0- 5% by 2020. Furthermore, the EU sets targets on increased provision of accessible, affordable, flexible and high- quality care services for all, in particular access to child care facilities by aiming to ensure 70% of necessary care for 0-3 years old children and 100% of care for 3- 6 years old children and will introduce over the time span of the EU 2020 Strategy specific targets for the care of other dependents, including the elderly, on the basis of an ongoing assessment of actual and potential care needs.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Annex – Guideline 7 – paragraph 1

~~Member States should integrate~~Previous empirical surveys of the EU's labour markets have shown that flexibility of employment has the most deleterious impact on employability, as flexible employment contracts (employment below the flexicurity principles endorsed by the European Council into their labour market policies and apply them, making full use of European Social Fund support with a view to increasing labour market participation and combating segmentation and inactivity, gender inequality, whilst reducing structural unemployment. Measures to enhance flexibility and security should be both balanced and mutually reinforcingvel at which social security is compulsory, temporary agency work, fixed-term employment contracts, project work etc.) are associated not only with poorer social protection and smaller incomes but also with a lack of opportunities for further training, professional development and lifelong learning, and that the more flexible employment is, the more precarious it is. The concept of GOOD WORK puts a strong focus on promoting quality in work, improved social security and social inclusion, enhancing existing workers' rights and introducing new ones, promoting health and safety at work, better social risk management and the reconciliation of work and non-work life. Strong measures for enhancing security by phasing out precarious employment and those atypical contractual arrangements related to such insecure forms of employment should be launched by Member States, with a view to restricting and reducing atypical forms of employment, the misuse of which should be penalised. Member States ~~should~~must therefore introduce a combination of ~~flexibl~~secure and reliable employment contracts, active and integrative labour market policies, effective lifelong learning, policies to ~~promote labour mobility, and adequate~~support the right to voluntarily chosen labour mobility, and effective, high quality social security systems to secure professional transitions accompanied by clear rights ~~and responsibilities~~ for the unemployed to a~~ctively seek work~~dequate benefits and tailor-made measures for finding quality employment or training and upgrading of their skills and competencies.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Annex – Guideline 7 – paragraph 2

Member States should ~~step up~~use social dialogue and tackle labour market segmentation with measures addressing temporary and precarious employment, ~~underemployment and undeclared work. Professional mobility should be rewarded~~discrimination against women, migrants, older people and people with disabilities, underemployment and undeclared work. Undeclared employment should be fought through fiscal measures for low earners and for trades and crafts and through more intensive monitoring by labour inspectorate services and social insurance bodies. Professional mobility should be rewarded by measures under employment, social and fiscal legislation. The quality of ~~jobs~~work and employment conditions ~~should~~must be addressed by fighting low-wages and by ensuring ~~adequate~~poverty-proof social security also for those ~~on fixed~~with precarious and other forms of atypical contracts and the self- employed. Member States should agree an EU target for minimum wages (whether statutory or collectively agreed at national, regional or sectoral level) to guarantee remuneration of at least 60% of the relevant (national, sectoral, etc.) average income and, further, lay down a timetable for achieving that target in all Member States. Employment services ~~should be~~must be effectively strengthened and open to all, including young people and in particular those threatened by unemployment and appropriate measures provided within the context of active, inclusive labour market policies, with personalised services targeting those furthest away from the labour market.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Annex – Guideline 7 – paragraph 3

In order to ~~increase competitiveness~~promote environmentally and socially sustainable development and raise participation levels, particularly for the low-skilled, ~~and in line with economic policy guideline 2,~~ Member States should ~~review~~adapt tax and benefit systems and increase the capacity of public services to provide the necessary support. Member States should increase labour force participation through policies to promote ~~active ageing~~the concept of GOOD WORK, gender equality and equal pay for equal work or work of equal value, and labour market integration of young people, disabled, ~~legal~~ migrants and other vulnerable groups. In that respect a European Youth Guarantee securing the right of every young person in the EU to the offer of a suitable well-paid job in line with their qualifications and skills, an apprenticeship, additional training or combined work and training immediately upon facing unemployment is necessary. Work-life balance policies with the provision of affordable care and innovation in work organisation should be geared to a reduction of working time without loss of pay and thus raising employment rates, particularly among youth, older workers and women, in particular to retain highly- skilled women in scientific and technical fields. ~~Member States should also remove barriers to labour market entry for newcomers, support self-employment and job creation in areas including green employment and care and promote social innovation.~~ Furthermore, work-life balance policies should strengthen transition security based on good job protection by enhancing social rights and social protection to prevent income risks and to ensure the maintenance and acquisition of pension rights and health care coverage etc. during employment transitions, and also during leave periods (e.g. for caring for dependent persons, further training and education, sabbaticals etc.). Member States should promote the reconciliation of work and non-work-life also by a clear reduction of the average weekly working time as well as a clear lowering of the weekly statutory maximum working hours and a strict limitation of overtime hours. Member States should also remove barriers to labour market entry for newcomers, support self-employment and job creation in areas including green employment and high-valued, in particular, social services, and promote social innovation. Access to the labour market for young people and newcomers should be enabled by limiting effectively working life.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Annex – Guideline 7 – paragraph 4

The EU headline target, on the basis of which Member States will set their national targets, is of aiming to bring by 2020 to 75% the employment rate for women and men aged 20-64 including through the greater participation of youth, older workers - especially older women - and low skilled workers and the better integration of ~~legal~~ migrants.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Annex – Guideline 8 – title

Guideline 8: ~~Developing a skilled workforce responding to labour market needs, promoting job quality and~~Improving the level of education and training and further training among employees and promoting lifelong learning

2010/06/16
Committee: EMPL

2010/0115(NLE)

Annex – Guideline 8 – paragraph 1

Member States should promote ~~productivity and employability through an adequate supply of knowledge and skills to match current and future demand in the labour marke~~a broad supply of knowledge and skills in order that workers, under the conditions of permanent processes of restructuring and change in all three sectors of the labour market, can obtain a permanent, full-time job, which ensures them a livelihood and enables social and cultural involvement. Quality initial education and attractive vocational training must be complemented with effective incentives for lifelong learning, second-chance opportunities, ensuring every adult at any time the chance to move one step up in their qualification, and by targeted migration and integration policies. Member States ~~should~~must develop systems for recognising acquired competencies, remove barriers to occupational and geographical mobility of workers, promote the acquisition of transversal competences and creativity, ~~and~~ focus their efforts particularly on supporting those with low skills, and ~~increasing the employability of older workers~~combat discrimination in connection with access to education and training and further training, while at the same time enhance the training, skills and experience of ~~highly~~ skilled workers, including researchers.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Annex – Guideline 8 – paragraph 2

In cooperation with the social partners and business, Member States should improve access to training, strengthen education and career guidance combined with systematic information on, and appropriate measures to promote, new job openings and opportunities, promotion of ~~entrepreneurship~~business involvement in education and training and further training and enhanced anticipation of skill needs. Investment in ~~human resource~~personnel planning and development, up- skilling and participation in lifelong learning schemes should be promoted through joint financial contributions from governments~~, individuals~~ and employers. To support young people and in particular those not in employment, education or training, Member States in cooperation with the social partners, should enact schemes to help ~~recent graduates~~young people with or without a school leaving qualification find initial employment or further education and training opportunities, including apprenticeships, and intervene rapidly when young people become unemployed. Regular monitoring of the performance of up-skilling and anticipation policies should help identify areas for improvement and ~~increase the responsiveness of education and training systems to labour market needs~~make education and training systems more geared towards growth fields of work of the future. EU funds should be fully mobilised by Member States to support these objectives.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Annex – Guideline 9 – paragraph 1

In order to ensure access to quality education and training for all and to improve educational outcomes, Member States should invest efficiently in education and training and further training systems notably to raise the skill level of the EU's workforce, allowing it to ~~meet~~respond to the rapidly changing ~~needs of modern labour markets~~world of work. Action should cover all sectors (from early childhood education and schools through to higher education, vocational education and training, as well as adult training) taking also into account learning in informal and non-formal contexts. Reforms should aim to ensure the acquisition of the key competencies that every individual needs for success in a knowledge-based economy, notably in terms of employability, further learning, or ICT skills. Steps should be taken to ensure learning mobility of young people and teachers ~~becomes the norm~~is facilitated. Member States should improve the openness and relevance of education and training systems, particularly by implementing national qualification frameworks enabling ~~flexible~~open learning pathways, including for those who are older, and by developing partnerships between the worlds of education/training and work. The teaching profession should be made more attractive. Higher education should become more open to non-traditional learners and participation in tertiary or equivalent education should be increased. With a view to reducing the number of young people not in employment, education, or training, Member States should take all necessary steps to prevent early school leaving. For people who, for various reasons, are unable to participate in these systems, social protection which goes further than preventing poverty should be guaranteed. For people who, because of illness and/or disability, are no longer able to practise their previous occupation, special vocational further training and/or retraining measures should be provided.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Annex – Guideline 9 – paragraph 2

The EU headline target, on the basis of which Member States will set their national targets, is to reduce the drop out rate to 10%, whilst increasing the share of the population aged 30-34 having completed tertiary ~~or equivalent~~ education to at least 40% in 2020.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Proposal for a decision
Annex – Guideline 10 – paragraph 1

~~Member States’~~To achieve this goal, Member States should intensify efforts to ~~reduc~~eliminate poverty, including working poor conditions. Efforts should be aimed at promoting full participation ~~in society and~~, of people’s own deciding, in politics, society, the arts, and the economy and extending employment opportunities, making full use of the European Social Fund. Efforts should also concentrate on ~~ensuring~~maintaining and bringing about both equal opportunities~~, including through~~ and access to affordable, sustainable and high -quality services and public services (including online services, in line with guideline 4) and in particular health care, specifically as regards social welfare, employment, health, and neighbourhood services. Member States should put in place active and effective anti-discrimination measures. Equally, to fight social exclusion, empower people and promote labour market participation, social protection systems, lifelong learning and active inclusion policies should be enhanced to create opportunities at different stages of people’s lives and shield them from the risk of exclusion. Social security and pension systems must be modernised to ensure that they can be fully deployed to ensure ~~adequate income support~~income above the poverty threshold and access to health care – thus providing social cohesion ~~– whilst at the same time remaining financially sustainable~~. Benefit systems should focus on ensuring income security during transitions and reducing poverty, in particular among groups most at risk from social exclusion, such as one-parent families, minorities, people with disabilities, children and young people, elderly women and men, legal migrants and the homeless. Member States should also actively promote the social economy and social innovation in support ofminorities, people with disabilities, children and young people, elderly women and men, migrants and the homeless. Member States should agree on an EU- wide commitment to ending street homelessness by 2015 and seek to frame integrated policy measures offering access to affordable decent housing with the necessary energy provision for all. The Council should agree on an EU target for minimum income systems and contribution-based income substitute benefit systems, whereby the income support provided should be not less than 60% of the national median equivalised income, and, in addition, on a compliance schedule. With a view to eliminating child poverty in the EU, Member States should undertake to achieve a 50% reduction by 2012, on the understanding that such a cut should not be measured by economic indicators alone, and should make the necessary provision to attain that goal. The fact that a child, in particular for one-parent families, should constitute a poverty risk is incompatible with the aims of the EU. The parents concerned should be shielded from that risk by means of free childcare, social support, and tailor- made support from employment agencies. Member States should also actively promote the social economy and social innovations designed to address the different social risks which arise during people’s lifetime, especially where the most vulnerable are concerned.

2010/06/16
Committee: EMPL

2010/0115(NLE)

Ilda FIGUEIREDO, Patrick LE HYARIC, Gabriele ZIMMER, Thomas HÄNDEL

Annex – Guideline 10 – paragraph 2

The EU headline target, on the basis of which Member States will set their national targets, is to ~~reduce by 25% the number of~~eliminate poverty and, as a first step, reduce by 50 % by 2015 the number of people in the Europeans Union living below the national poverty lines~~, lifting over 20 million people out of poverty~~.

2010/06/16
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Stresses the importance of public services – publicly owned and managed, with democratic involvement of users of such services – in areas essential to people's welfare, such as health, education, justice, water, housing, transport, childcare and care for the elderly;

2011/03/28
Committee: EMPL

2009/2222(INI)

Ilda FIGUEIREDO, Patrick LE HYARIC, Gabriele ZIMMER, Thomas HÄNDEL

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses the importance of conducting, as a matter of urgency, an assessment of the social consequences and the impact on people’s lives of liberalisation measures in sectors that are essential to social progress (transport, energy, water, postal services, telecommunications, etc.) and urges the Commission to prevent any further liberalisation measures from being taken until this assessment has been submitted;

2011/03/28
Committee: EMPL

2009/2222(INI)

Ilda FIGUEIREDO, Patrick LE HYARIC, Gabriele ZIMMER, Thomas HÄNDEL

Motion for a resolution
Paragraph 6 a (new)

6a. Highlights the need to review liberalisation policies in order to promote a policy of social progress ensuring universal access to high-quality public services, with special consideration for disadvantaged groups, such as single mothers, women, elderly people, children, migrants and those with any kind of disability;

2011/03/28
Committee: EMPL

2009/2222(INI)

Ilda FIGUEIREDO, Patrick LE HYARIC, Gabriele ZIMMER, Thomas HÄNDEL

Motion for a resolution
Paragraph 8 a (new)

8a. Considers that steps must be taken to address the current legal uncertainty as regards SSGI, making it clear that public goods, public services, services of general interest and the not-for-profit sector are not subject to rules on competition, public aid, public contracts and the internal market, but form a sector geared solely towards the public interest and that is organised in accordance with the principle of subsidiarity within the exclusive competence of the Member States and their respective regional and local authorities, with a view to ensuring its proper functioning;

2011/03/28
Committee: EMPL

2009/2222(INI)

Ilda FIGUEIREDO, Patrick LE HYARIC, Gabriele ZIMMER, Thomas HÄNDEL

Motion for a resolution
Paragraph 10 a (new)

10a. Points out that the economic and financial crisis and the austerity policies imposed by Member States should not encourage disinvestment in SSGIs, but that, on the contrary, given their importance and absolute necessity, such services need to be consolidated in order to meet people’s needs;

2011/03/28
Committee: EMPL

2009/2222(INI)

Ilda FIGUEIREDO, Patrick LE HYARIC, Gabriele ZIMMER, Thomas HÄNDEL

Motion for a resolution
Paragraph 15 a (new)

15a. Calls on the Commission and the Member States to respect the diversity of the methods of organising and managing SSGIs, of their resources and of the methods of funding these services; calls on the Member States to reverse ‘reforms’ which have institutionalised market-based models of welfare provision, with competition and tendering obligations, and to cease promoting public-private partnerships or externalising social services to the private sector as these are misleading strategies for ‘modernising’ social services; considers that taking care to promote the general interest and ensure the provision of efficient and high-quality services by both the public sector and the not-for-profit 'third’ sector or the social economy is the most appropriate strategy for ensuring high-quality, integrated and inclusive social services;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 23

23. Believes that local authorities and social partners must be involved in an ongoing bottom-up process of overhauling procurement rules to avoid discrepancies between the rules and modes of organisation on the ground;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 34

34. Emphasises that decent, stable working conditions safeguarded by wages set under collective agreements or payment of the minimum wage and quality training are essential for the delivery of quality social services;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 35

35. Considers that the VQF principles and payment in accordance with the customary wages set under collective agreements in the area concerned should be used to help define obligatory quality criteria for application to revised public procurement rules;

2011/03/28
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Citation 12 a (new)

- having regard to the conclusions of the Informal Meeting of Ministers for Employment and Social Affairs in Berlin, 18–20 January 2007, on “good work”,

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Recital N a (new)

Na. Whereas recent empirical studies on EU labour markets found out that employment flexibility has the strongest negative effect on employability, as flexible employment contracts (marginal part-time employment, temporary and agency work, fixed-term employment, project-based work etc.) are not only linked with lower levels of social protection and income but also with a lack of opportunities for training, professional development and lifelong learning, and that the more flexible employment is, the more it is precarious,

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Recital N b (new)

Nb. Whereas flexicurity strategies implemented within the EU did not deliver on its promises to improve also security; whereas empirical studies on flexicurity reforms found out that relatively few flexibly employed gained little from significant losses in protection of the much more numerous normally employed, so that the general average trend of flexicurity reforms is essentially negative for the majority of employees,

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Recital N c (new)

Nc. Whereas the Informal Meeting of EU Ministers for Employment and Social Affairs in Berlin on 19 January 2007 concluded that 'Europe needs more and joint efforts to promote GOOD WORK. GOOD WORK means employee rights and participation, fair wages, protection of safety and health at work as well as a family friendly work organisation. Good and fair working conditions as well as an appropriate social protection are indispensable for the acceptance of the European Union by its citizens,

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Recital N d (new)

Nd. Whereas the concept of GOOD WORK should provide the fundamental guidance for the next phase of the European Employment Strategy,

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 12

12. Calls upon the Union and the Member States to ~~eradicate~~fight illicit employment ~~and believes that implementation of flexicurity strategi~~in particular through fiscal measures for low earners and craft services can ~~help in fighting illicit employment and in making ‘very atypical’ f~~d through more intensive monitoring by factory inspectorms ~~of work less precariou~~and social insurance institutions;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 13

13. Stresses the need to create high-quality jobs geared towards sustainable, full-time employment, including green jobs, and to ensure social cohesion; considers, therefore, that people are more likely to accept the efforts required of them if those efforts are perceived to be fair and to facilitate employment and social integration;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 13 a (new)

13a. Highlights that not all forms of atypical employment necessarily lead to unstable, insecure, casual labour with lower levels of social security protection, lower wages and lower access to further training and lifelong learning; points out, however, that such precarious forms of employment are in the big majority of cases linked to atypical contractual arrangements;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 13 b (new)

13b. Points out that high unemployment and labour market segmentation need to be overcome by giving all workers equal rights and investing in job creation, skills and lifelong learning; calls on the Member States, therefore, to phase out all forms of precarious employment;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 13 c (new)

13c. Points out that phasing out precarious employment needs a strong commitment from Member States to provide adequate 'stepping stones' through their labour market policies for the transition from precarious employment to regular permanent employment with enhanced workers' rights and social protection;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 13 d (new)

13d. Highlights that the European Union committed itself to the goal of reconciliation of work life and private life; criticises, however, that the Commission and the Member States have lacked any meaningful and effective action to put this commitment into practice;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 13 e (new)

13e. Points out that a better reconciliation of work life and private life can be best achieved by renewing the model of standard employment: permanent contracts with shorter full-time employment as the general norm, and also establishing norms for part-time employment, so that only substantiated and socially protected part-time work (15 - 25 hours weekly) will be offered to those who wish to work part-time, stresses the need to put full-time and part-time employment on an equal footing as far as hourly wages, entitlements to education and life-long learning, career opportunities and social protection are concerned;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 14

14. Believes that flexicurity should be defined as combining flexibility and security on the labour market, so as to help increase both productivity and the quality of jobs by guaranteeing security, while allowing firms the flexibility needed to create jobs in response to the changing needs of the market; is of the opinion that flexibility and security requirements are not contradictory and are mutually reinforcing; is also of the opinion that those requirements have not been adequately reflected in Europe’s employment growth results in recent years;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 15

15. Believes that, especially in the context of the present economic situation, implementing flexicurity is even more necessary, recalls that application of flexibility principles requires ambitious structural reforms based on a solid consensus and more extensive social security;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 25 a (new)

25a. Regrets the Council's and the Commission's narrow approach towards flexicurity; calls on the Commission and the Council to commit themselves to the GOOD WORK agenda and to enshrine it into the next generation of the Integrated Guidelines and the European Employment Strategy: promoting job and employment security for workers, a rights based approach to active labour market policies and lifelong learning, comprehensive health and safety at work, universal and equal social and workers' rights for everyone, a work/life balance and reconciliation of work and non-work life, improving the quality of employment and well being at work;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 29

29. Calls upon the ~~national~~Commission, the national governments and the social partners to overcome reservations against ‘outsiders’ (employees with atypical or ‘very atypical’ contracts) and to balance their rights and social-protection requirements with those of ‘insiders’;

2010/03/31
Committee: EMPL

2009/2220(INI)

Motion for a resolution
Paragraph 32

32. Believes that collective bargaining ~~has~~and reductions in working hours with wage compensation arrangements under social security schemes, among other things, have proven to be an effective instrument for maintaining employment and that it allows companies to find flexible solutions to deal with the economic downturn;

2010/03/31
Committee: EMPL

2009/0144(COD)

Proposal for a regulation
Recital 33

(33) ~~Where appropriate, t~~The Authority sh~~ould consult~~all allow interested parties ~~on technical standards, guidelines and recommendations~~to be consulted on all work undertaken by the Authority and provide them with a reasonable opportunity to comment on proposed measures. For reasons of efficiency, a Securities and Markets Stakeholder Group should be established for that purpose, representing in balanced proportions ~~Community~~EU financial market participants (including as appropriate institutional investors and other financial institutions which themselves use financial services), their employees, and consumers and other retail users of financial services, including SMEs. The Securities and Markets Stakeholder Group should actively work as an interface with other user groups in the financial services area established by the Commission or ~~Community~~Union legislation.

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 1 – paragraph 4

4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting ~~protect~~ investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination, (vi) preventing regulatory arbitrage. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the ~~Community~~Union law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 1 – paragraph 4

4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting ~~protect~~ investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination, (vi) developing common methodologies for assessing the effect of product characteristics and distribution processes on the financial position of institutions and on customer protection, with the aim to contributing to a level playing field. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the ~~Community~~Union law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point b a (new)

(ba) encourage the emergence of best practices, including an effective and constructive dialogue between national authorities and relevant stakeholders including consumers and unions representing employees in the sector as constituents of a common supervisory culture;

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point b b (new)

(bb) ensure that authorities take account of information from employees on companies’ business practices as regards remuneration structures, incentives, skills and working conditions;

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point c

(c) contribute to developing high quality and uniform supervisory standards, including reporting and accounting standards;

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – introductory part

In particular, the Authority shall, in cooperation with the ESRB, initiate and coordinate ~~Community~~Union -wide assessments of the resilience of key financial market participants to adverse market developments, and of threats arising from financial products’ characteristics and distribution processes. To that end, it shall develop the following, for application by the competent authorities:

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a a (new)

(aa) common methodologies for assessing the effect of product characteristics and distribution processes on an institution’s financial position and on customer protection;

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 2 - subparagraph 1

2. The Securities and Markets Stakeholder Group shall be composed of 30 members, representing in balanced proportions ~~Community~~EU financial market participants, their employees as well as consumers, investors and users of financial services. No stakeholders in the group shall have a stronger position than others.

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 2 - subparagraph 2

The Securities and Markets Stakeholder Group shall meet at least ~~twice~~four times a year.

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 3 - subparagraph 3 a (new)

Adequate financial compensation shall be established for members of the stakeholder group, which represent non- profit organisations.

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 5

5. The Securities and Markets Stakeholder Group may submit opinions and advice to the Authority on any issue related to the tasks of the Authority specified in Articles 7 ~~and 8~~to 19.

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1 a (new)

The stakeholder group shall decide on the issues relevant for consultation as well as on the agenda for the meetings.

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 1

1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges ~~in any wa~~directly on the fiscal responsibilities of Member States.

2010/03/24
Committee: ECON

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2

In its notification, the Member State shall justify why and ~~clearly demonstrate how~~provide an impact assessment on how much the decision impinges on its fiscal responsibilities.

2010/03/24
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Recital 31

(31) Close cooperation between the Authority and the European Systemic Risk Board is essential to give full effectiveness to the functioning of the European Systemic Risk Board and the follow-up to its warnings and recommendations. The Authority and the European Systemic Risk Board should share any relevant information ~~with the European Systemic Risk Board. Data related to individual undertakings should be provided only upon reasoned request~~. Upon receipt of warnings or recommendations addressed by the European Systemic Risk Board to the Authority or a national supervisory authority, the Authority should ensure follow-up.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Recital 32

(32) ~~Where appropriate, t~~The Authority should ~~consult~~allow interested parties ~~on technical standards, guidelines and recommendations~~to be consulted on all work undertaken by the Authority and provide them with a reasonable opportunity to comment on proposed measures. For reasons of efficiency, an Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group should be established for that purpose, representing in balanced proportions ~~Community~~Union insurance and reinsurance firms as well as occupational pension funds (including as appropriate institutional investors and other financial institutions which themselves use financial services), their employees and consumers and other retail users of the insurance, reinsurance and occupational pension services, including SMEs. The Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group should actively work as an interface with other user groups in the financial services area established by the Commission or ~~Community~~Union legislation.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 1 – paragraph 4

4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting ~~policyholders and other beneficiarie~~depositors and investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, ~~and~~ (v) strengthening international supervisory coordination, (vi) preventing regulatory arbitrage. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the ~~Community~~Union law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 1 – paragraph 4

4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting ~~policyholders and other beneficiarie~~depositors and investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, ~~and~~ (v) strengthening international supervisory coordination, (vi) developing common methodologies for assessing the effect of product characteristics and distribution processes on the financial position of institutions and on customer protection, with the aim to contributing to a level playing field. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the ~~Community~~Union law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point b a (new)

(ba) encourage the emergence of best practices, including an effective and constructive dialogue between national authorities and relevant stakeholders including consumers and unions representing employees in the sector as constituents of a common supervisory culture;

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point b b (new)

(bb) ensure that authorities take account of information from employees on companies’ business practices as regards remuneration structures, incentives, skills and working conditions;

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point c

(c) contribute to developing high quality ~~and~~ uniform supervisory standards, including reporting and accounting standards;

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2

In particular, the Authority shall, in cooperation with the ESRB, initiate and coordinate Community-wide assessments of the resilience of financial institutions to adverse market developments, and of threats arising from financial products’ characteristics and distribution processes. To that end, it shall develop the following, for application by the ~~national supervisory~~competent authorit~~ies~~y:

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a a (new)

(aa) common methodologies for assessing the effect of product characteristics and distribution processes on an institution’s financial position and on customer protection;

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1

2. The Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group shall be composed of 30 members, representing in balanced proportions ~~Community~~EU insurance and reinsurance firms as well as occupational pension funds, t~~heir employee~~rade unions and social organisations as well as consumers and users of ~~the~~ insurance~~, reinsurance and occupational pension service~~ services. No stakeholders in the group shall have a stronger position than others. At least five of the members shall be independent scientists.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 2

The Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group shall meet at least ~~twice~~four times a year.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 3 a (new)

3a. Adequate financial compensation shall be established for members of the stakeholder group, which represent non- profit organisations.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 5

5. The ~~Insurance, Reinsurance and Occupational Pension Funds~~Banking Stakeholder Group may submit opinions and advice to the Authority on any issue related to all the tasks of the Authority specified infrom Articles 7 ~~and 8~~to 19.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 5 a (new)

5a. The stakeholder group shall decide on the issues relevant for consultation as well as on the agenda for the meetings.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 1

1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges ~~in any wa~~directly on the fiscal responsibilities of Member States.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2

In its notification, the Member State shall justify why and ~~clearly demonstrate how~~provide an impact assessment on how much the decision impinges on its fiscal responsibilities.

2010/03/23
Committee: ECON

2009/0143(COD)

Proposal for a regulation
Article 35 – paragraph 2

2. TAn annual report on the Authority's activities shall be submitted to the European Parliament ~~may also~~, which may call upon the Chairperson at any time to submit a report on the performance of his duties.

2010/03/23
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Recital 33

(33) ~~Where appropriate, t~~The Authority sh~~ould consult~~all allow interested parties on t~~echnical standards, guidelines and recommendations~~o be consulted on all work undertaken by the Authority and provide them with a reasonable opportunity to comment on proposed measures. For reasons of efficiency, a Banking Stakeholder Group should be established for that purpose, representing in balanced proportions Community credit and investment institutions (including as appropriate institutional investors and other financial institutions which themselves use financial services), their employees, and consumers and other retail users of banking services, including SMEs. The Banking Stakeholder Group should actively work as an interface with other user groups in the financial services area established by the Commission or Community legislation.

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 1 – paragraph 4

4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting depositors and investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination, (vi) preventing regulatory arbitrage. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the Community law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 1 – paragraph 4

4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting depositors and investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination, (vii) developing common methodologies for assessing the effect of product characteristics and distribution processes on the financial position of institutions and on customer protection, with the aim to contributing to a level playing field. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the Community law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point b a (new)

(ba) encourage the emergence of best practices, including an effective and constructive dialogue between national authorities and relevant stakeholders including consumers and unions representing employees in the sector as constituents of a common supervisory culture.

2010/04/15
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point b b (new)

(bb) ensure that authorities take account of information from employees on companies’ business practices as regards remuneration structures, incentives, skills and working conditions.

2010/04/15
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point c

(c) contribute to developing high quality ~~and~~ uniform supervisory standards, including reporting and accounting standards;

2010/04/15
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – introductory part

In particular, the Authority shall, in cooperation with the ESRB, initiate and coordinate Community-wide assessments of the resilience of financial institutions to adverse market developments, and of threats arising from financial products’ characteristics and distribution processes. To that end, it shall develop the following, for application by the competent authorities:

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a a (new)

(aa) common methodologies for assessing the effect of product characteristics and distribution processes on an institution’s financial position and on customer protection;

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1

2. The Banking Stakeholder Group shall be composed of 30 members, representing in balanced proportions Community credit and investment institutions, their employees as well as consumers and users of banking services. No stakeholders in the group shall have a stronger position than others.

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 2

The Banking Stakeholder Group shall meet at least ~~twice~~four times a year.

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 3 a (new)

Adequate financial compensation shall be established for members of the stakeholder group, which represent non- profit organisations.

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 22 – paragraph 5

5. The Banking Stakeholder Group may submit opinions and advice to the Authority on any issue related to the tasks of the Authority specified in Articles 7 ~~and 8~~to 19.

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1 a (new)

The stakeholder group shall decide on the issues relevant for consultation as well as on the agenda for the meetings.

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 1

1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges ~~in any wa~~directly on the fiscal responsibilities of Member States.

2010/03/26
Committee: ECON

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2

In its notification, the Member State shall justify why and ~~clearly demonstrate how~~provide an impact assessment on how much the decision impinges on its fiscal responsibilities.

2010/03/26
Committee: ECON

2009/0141(CNS)

Proposal for a regulation
Article 3 – paragraph 2

(2) The Head of the Secretariat shall be appointed by the ECB, ion ~~consultation with~~a proposal by the General Board of the ESRB.

2010/03/19
Committee: ECON

2009/0141(CNS)

Proposal for a regulation
Article 5 – paragraph 2 c (new)

2c. This collection of information on behalf of the ESRB may include European Economic Area, Union, euro area and Member State aggregated and individual data. The Secretariat shall first take into account the existing statistics produced, disseminated and developed by both the European Statistical System and the ESRB.

2010/03/19
Committee: ECON

2009/0140(COD)

Proposal for a regulation
Article 3 – paragraph 1

1. The ESRB shall be responsible for the macro-prudential oversight of the financial system within the Community in order to prevent or mitigate systemic risks within the financial system, so as to avoid episodes of widespread financial distress, contribute to a smooth functioning of the Iinternal Mmarket and ensure a sustainable contribution of the financial sector to economic growth, thereby taking account of Article 3 of the Treaty on European Union.

2010/03/19
Committee: ECON

2009/0140(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)

(fa) one representative of the European Trade Union Confederation, Business Europe and the European Consumers’ Organisation, respectively.

2010/03/19
Committee: ECON

2009/0140(COD)

Proposal for a regulation
Article 12 – title

Advisory ~~Technical~~Scientific Committee

2010/03/19
Committee: ECON

2009/0140(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part

1. The Advisory ~~Technical~~Scientific Committee shall be composed of the following:

2010/03/19
Committee: ECON

2009/0140(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b

(b) one representative ~~per Member State of the competent national~~ of the European Trade Union Confederation, Business Europe and the European Consupmer~~visory authorit~~s’ Organisation, respectively;

2010/03/19
Committee: ECON

2009/0140(COD)

Proposal for a regulation
Article 13

In performing its tasks, the ESRB shall seek~~, where appropriate,~~ the advice of relevant ~~private sector~~stakeholders, including, at least, the stakeholders in the ESA stakeholder groups.

2010/03/19
Committee: ECON

2009/0140(COD)

Proposal for a regulation
Article 19 – paragraph 2

(2) The ESRB shall also examine specific issues at the invitation of the European Parliament, the Council or the Commission.

2010/03/19
Committee: ECON

2009/0096(COD)

Proposal for a decision
Recital 1 a (new)

The Commission communication of 24 May 2006 entitled 'Promoting decent work for all - The EU contribution to the implementation of the decent work agenda in the world' (COM(2006)0249) set out the importance of decent work for all, and the Parliament's resolution of 23 May 2007 confirmed the same,

2009/10/09
Committee: EMPL

2009/0096(COD)

Proposal for a decision
Recital 6 a (new)

(6 a) The actions financed by the Facility should be accompanied by mentoring, training, coaching and other support programmes in order to maximise the chances of creating viable and sustainable micro-enterprises. Such support should be delivered in a targeted way to assist with the set-up of the micro-enterprises. In addition, support and advice should be available until the micro-enterprise becomes self-sustaining.

2009/10/09
Committee: EMPL

2009/0096(COD)

Proposal for a decision
Article 4 – paragraph 1 – point d a (new)

(da) mentoring, training, coaching and other support programmes which will maximise the chances of creating viable and sustainable micro-enterprises. Such support should be delivered in a targeted way to assist with the set-up of the micro- enterprise, such support to be available in advance of the set-up and until the micro- enterprise becomes self-sustaining.

2009/10/09
Committee: EMPL

2009/0096(COD)

Proposal for a decision
Article 4 – paragraph 2 a (new)

2a. Particular attention shall be paid to stimulating and strengthening the social economy.

2009/10/09
Committee: EMPL

2009/0096(COD)