Activities of Sylvana RAPTI
Plenary speeches (75)
Consumer product safety - Market surveillance of products - Protection of consumers in utilities services (debate)
Role and operations of the Troika with regard to the euro area programme countries - Employment and social aspects of the role and operations of the Troika (debate)
Implementation of the Youth Guarantee (debate)
European Semester for economic policy coordination: annual growth survey 2014 - European Semester for economic policy coordination: employment and social aspects - Single market governance (debate)
Programme of activities of the Greek Presidency (debate)
Common rules and procedures for the implementation of the Union's instruments for external action - Instrument for stability - Financing instrument for the promotion of democracy and human rights worldwide - Partnership instrument for cooperation with third countries - Establishing a financing instrument for development cooperation - European neighbourhood instrument - Instrument for Pre-accession Assistance (debate)
Strengthening the social dimension of EMU (debate)
One-minute speeches (Rule 150)
Rise of right-wing extremism in Europe (debate)
Rise of right-wing extremism in Europe (debate)
Implementation of the EU youth strategy 2010-2012 - Tackling youth unemployment: possible ways out (debate)
Internal market for services (debate)
Union Customs Code (debate)
Closure of Greek national broadcasting company (debate)
Health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (debate)
Social investment for growth and cohesion (debate)
Online consumer dispute resolution - Alternative consumer dispute resolution (debate)
Integration of migrants, its effects on the labour market and the external dimension of social security coordination (debate)
Integration of migrants, its effects on the labour market and the external dimension of social security coordination (debate)
Elimination and prevention of all forms of violence against women and girls (debate)
Improving access to finance for SMEs (debate)
Modernisation of Customs Code and introduction of list of non-preferential rules of origin (debate)
Information and consultation of workers, anticipation and management of restructuring (debate)
Single Market Act II - Concerns of European citizens and business with the functioning of the Single Market (debate)
One-minute speeches (Rule 150)
Customs enforcement of intellectual property rights (debate)
Towards a job-rich recovery (debate)
Youth opportunities initiative (debate)
Preparation of the informal European summit - Investment, growth and jobs (debate)
Internal market scoreboard (debate)
Preparation for the European Council meeting (1-2 March 2012) (debate)
Employment and social aspects in the Annual Growth Survey 2012 - Contribution to the Annual Growth Survey 2012 - Guidelines for the employment policies of the Member States (debate)
Health and safety at work (short presentation)
European Neighbourhood Policy (debate)
European platform against poverty and social exclusion (debate)
Question Time (Commission)
Question Time (Commission)
Agenda for new skills and jobs (debate)
Future of the European Globalisation Fund - Amendment of Regulation (EC) No 1927/2006 establishing the European Globalisation Adjustment Fund (debate)
Question Time (Commission)
Question Time (Commission)
EU homelessness strategy (debate)
Universal service and '112' emergency number (short presentation)
Misleading business directories (debate)
Efficiency of the European agencies linked to employment, working conditions and training (debate)
Efficiency of the European agencies linked to employment, working conditions and training (debate)
Efficiency of the European agencies linked to employment, working conditions and training (debate)
Governance and partnership in the Single Market - Single market for Europeans - Single market for enterprises and growth - Public procurement (continuation of debate)
Consumer rights (debate)
Respect of national wage and retirement-setting mechanisms (debate)
Female poverty - Equality between women and men - 2010 (debate)
Innovative financing at a global and European level (debate)
Implementation of the Services Directive (debate)
Harmonised conditions for the marketing of construction products (debate)
Safety of toys (debate)
European Ombudsman's activity report for 2009 - Special Report from the European Ombudsman to the European Parliament following the draft recommendation to the European Commission in Complaint 676/2008/RT (According to Rule 205(2), 1st part) - 26th Annual Report on Monitoring the Application of European Union Law (2008) (debate)
An agenda for new skills and jobs (debate)
Combating late payment in commercial transactions (debate)
EU cohesion and regional policy after 2013 - Future of the European Social Fund (debate)
Guidelines for the employment policies of the Member States (debate)
Long-term care for older people (debate)
Promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status (short presentation)
Implementation of the synergies of research and innovation earmarked funds in Regulation (EC) No 1080/2006 concerning the European Fund of Regional Development and the Seventh Framework Programme for Research and Development - Delivering a single market to consumers and citizens - Long-term sustainability of public finances for a recovering economy - Contribution of the Cohesion policy to the achievement of Lisbon and the EU 2020 objectives (debate)
Implementation of the synergies of research and innovation earmarked funds in Regulation (EC) No 1080/2006 concerning the European Fund of Regional Development and the Seventh Framework Programme for Research and Development - Delivering a single market to consumers and citizens - Long-term sustainability of public finances for a recovering economy - Contribution of the Cohesion policy to the achievement of Lisbon and the EU 2020 objectives (debate)
Textile names and related labelling of textile products (debate)
Europe 2020 - new European Strategy for Jobs and Growth (debate)
G20 labour and employment ministers meeting (Washington, 20/21 April) (debate)
Internal Market Scoreboard - Consumer protection - SOLVIT (debate)
Revision of the Package Travel Directive (debate)
Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector (debate)
Online gambling in relation to recent ECJ rulings (debate)
European Microfinance Facility for Employment and Social Inclusion (Progress) (debate)
Toy safety (debate)
The ratification and implementation of the updated ILO conventions (debate)
Question Hour with the President of the Commission
Reports (1)
REPORT on universal service and the 112 emergency number PDF (215 KB) DOC (135 KB)
Shadow reports (8)
REPORT on the Internal Market for Services: State of Play and Next Steps PDF (196 KB) DOC (114 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 450/2008 laying down the Community Customs Code (Modernised Customs Code) as regards the date of its application PDF (134 KB) DOC (71 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down the Union Customs Code (recast) PDF (609 KB) DOC (983 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (XXth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) PDF (455 KB) DOC (754 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (eighteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) PDF (140 KB) DOC (176 KB)
REPORT on the mid-term review of the European strategy 2007-2012 on health and safety at work PDF (270 KB) DOC (163 KB)
REPORT on modernisation of customs PDF (254 KB) DOC (171 KB)
REPORT Report on promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status PDF (225 KB) DOC (144 KB)
Opinions (3)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a European Neighbourhood Instrument
OPINION on the review of the European Neighbourhood Policy
OPINION on Towards a Coherent European Approach to Collective Redress
Shadow opinions (4)
OPINION on the proposal for a directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union
OPINION on the Green Paper: From challenges to opportunities: towards a common strategic framework for EU research and innovation funding
OPINION Communication from the Commission to the European Parliament, the European Council, the Council, the European Central Bank, the Economic and Social Committee and the Committee of the Regions : Reinforcing economic policy coordination
OPINION Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee: Enhancing the enforcement of intellectual property rights in the internal market
Amendments (697)
Amendment 19 #
2013/2277(INI)
Draft opinion
Recital F a (new)
Recital F a (new)
Fa. whereas, according to "EU Employment and Social Situation" Quarterly Review of October 2013,the severe fall in the GDP of Greece, Portugal and Ireland was mostly translated in employment decline;
Amendment 96 #
2013/2277(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Warns that, if not remedied, these huge divergences, especially in the case of the younger generation, will result in structural damage to the labour market of the four countries, limit their capacity for recovery, provoke massive forced migration with tremendous brain-drain effects and increase the persistent divergences between Member States supplying employment and those supplying a low-cost workforce; highlights that the long-term impact of brain drain jeopardises future development and is particularly harmful for the sustainability of social protection and pensions systems;
Amendment 104 #
2013/2277(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets the fact that in all 4 countries the adjustment programmes included direct interventions in wage developments, despite the fact that the setting or harmonising of minimum wages is not included in the competences of the European Union; notes that especially in Greece, the adjustment programme imposed cuts to the minimum wage by 22% and by 32% for young workers below 25;
Amendment 131 #
2013/2277(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that despite the fact that the European Commission in its "EU Employment and Social Situation" Quarterly Review of October 2013 emphasizes the importance of Social Protection expenditure as a safeguard against social risks, Greece, Ireland and Portugal had the largest decreases in social spending after 2010 in EU;
Amendment 215 #
2013/2277(INI)
Draft opinion
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the ECB, the European Commission and the Eurogroup to consider the targets of "EUROPE 2020" strategy at the same level as the realisation of fiscal and economic adjustment targets for the evaluation of the programmes;
Amendment 19 #
2013/2045(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in January 2013 23 % of active young people were jobless, with the rates ranging from 15 % or less in Austria, Denmark, Germany and the Netherlands to over 55 % in Greece and Spain, indicating marked geographical differences; and demonstrating the dramatic rise of youth unemployment in the countries where austerity policies are enforced1; __________________ 1 According to Eurostat in the last three years youth unemployment has risen by 36,6% in Italy, 40% in Spain, 41% in Portugal, 72% in Cyprus and 100% in Greece
Amendment 148 #
2013/2045(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises the particularly difficult situation in certain regions where the level of unemployment among young people is above 25 %; welcomes the fact that EU support for youth employment will be further boosted through the proposed EU Youth Employment Initiative, with a budget of EUR 6 billion over the seven- year period 2014-2020; however underlines the insufficiency of the proposed budget to successfully tackle the problem;
Amendment 259 #
2013/2045(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to ensure high-quality frameworks for traineeships, backed up by financial support and mandatory monitoring and control to prevent cases where interns are used instead of full time employees, as well as a common quality standard for traineeships and work placements; stresses that active promotion and awareness-raising in respect of such programmes is needed among entrepreneurs;
Amendment 1 #
2013/2023(INI)
Draft opinion
Paragraph A a (new)
Paragraph A a (new)
Aa. whereas the Interinstitutional Agreement of 28 November 20011 provides that the recast technique is to be used for acts which are frequently amended, which was not the case concerning Council Regulation (EC) No 44/2001 of 22 December 2000; in such cases the use of the recast technique is an unjustified limitation of the European Parliament's co-decision rights; __________________ 1 Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, OJ C 077, 28.3.2002, p. 1.
Amendment 2 #
2013/2023(INI)
Draft opinion
Paragraph A b (new)
Paragraph A b (new)
Ab. whereas it is a major concern of private international law at European level to prevent forum shopping – particularly when this might occur to the detriment of the weaker party, such as employees in particular – and to ensure the greatest possible level of predictability as to jurisdiction;
Amendment 3 #
2013/2023(INI)
Draft opinion
Paragraph A c (new)
Paragraph A c (new)
Ac. whereas, in principle the court of the Member State with the closest connection to the case should have jurisdiction; in particular, with regard to industrial action, the courts of the Member State where the industrial action is to be or has been taken should have jurisdiction;
Amendment 4 #
2013/2023(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that one of the main principles of International Private Jurisdiction Law is the protection of the weaker party and that the objective of employee protection is spelt out in the current jurisdiction rules;
Amendment 6 #
2013/2023(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that employees are generally well protected by jurisdiction rules in employment matters when they are defendants in cases brought by their employers through the exclusive grounds of jurisdiction laid down in the Brussels I Regulation;
Amendment 7 #
2013/2023(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for an improvement of European jurisdiction rules applicable to proceedings which have as their objectin the field of employment matters, applicable to industrial actions and individual contracts of employment;
Amendment 8 #
2013/2023(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to propose an amendment to the Brussels I Regulation for an exclusive forum for disputes concerning industrial action, in the place where the industrial action is to be or has been taken;
Amendment 9 #
2013/2023(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls foron the courts of the Member State in which the employer is established to have exclusive jurisdiction on proceedings in which an employee who is resident in one Member State habitually carries out his or her work in a different Member State from that in whichCommission to propose an amendment to Article 19 of the Brussels I Regulation to ensure that the employee can sue his employer in the courts of the Member State where the employere is actually establishdomiciled.;
Amendment 18 #
2013/0185(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive reaffirms the acquis communautaire on the Union right to compensation for harm caused by infringements of Union competition law, particularly regarding standing and the definition of damage, as it has been stated in the case-law of the Court of Justice of the European Union, and does not pre-empt any further development thereof. Anyone who has suffered harm caused by an infringement can claim compensation for the actual loss (damnum emergens), for the gain of which he has been deprived (loss of profit or lucrum cessans) and payment of interest accruing from the time the harm occurred until compensation is paid, without prejudice to the kind of interest recognised under national law. This right is recognised for any natural or legal person - consumers, undertakings and public authorities alike - irrespective of the existence of a direct contractual relationship with the infringing undertaking, and regardless of whether or not there has been a prior finding of an infringement by a competition authority. This Directive should not require Member States to introduce collective redress mechanisms for the enforcement of Articles 101 and 102 of the Treaty.
Amendment 22 #
2013/0185(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Leniency programmes and settlement procedures are important tools for the public enforcement of Union competition law as they contribute to the detection, efficient prosecution and sanctioning of the most serious competition law infringements. Undertakings may be deterred from co-operating in this context if disclosure of documents they solely produce to this end were to expose them to civil liability under worse conditions than the co-infringers that do not co-operate with competition authorities. To ensure that undertakings are willing to produce voluntary statements acknowledging their participation in an infringement of Union or national competition law to a competition authority under a leniency programme or a settlement procedure, such, leniency corporate statements should be excepted from disclosure of evidence.
Amendment 26 #
2013/0185(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Making a claim for damages, or the start of an investigation by a competition authority, entails a risk that the undertakings concerned may destroy or hide evidence that would be useful in substantiating an injured party’s claim for damages. To prevent the destruction of relevant evidence and to ensure that court orders requesting disclosure are complied with, courts should be able to impose sufficiently and effectively deterrent sanctions. Insofar as parties to the proceedings are concerned, the risk of adverse inferences being drawn in the proceedings for damages can be a particularly effective sanction and can avoid delays. Sanctions should also be available for non-compliance with obligations to protect confidential information and for abusive use of information obtained through disclosure. Similarly, sanctions should be available if information obtained through access to the file of a competition authority in the exercise of one’s rights of defence in relation to investigations of that competition authority is used abusively in actions for damages.
Amendment 33 #
2013/0185(COD)
Proposal for a directive
Recital 35
Recital 35
(35) To remedy the information asymmetry and some of the difficulties associated with quantifying antitrust harm, and to ensure the effectiveness of claims for damages, it is appropriate to presume that in the case of a cartel or other hardcore by object infringements, the infringement has caused harm, in particular via a price effect. Depending on the facts of the case this means that the cartelhardcore infringement has caused a rise in price, or prevented a lowering of prices which would otherwise have occurred but for the infringement. The infringing undertaking should be free to rebut such presumption. It is appropriate to limit this rebuttable presumption to cartels, given the secret nature of a cartel, which increases the said information asymmetry and makes it more difficult for the injured party to obtain the necessary evidence to prove the harm.
Amendment 34 #
2013/0185(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In the absence of Union rules on the quantification of harm caused by a competition law infringement, it is for the domestic legal system of each Member State and for the national courts to determine what requirements the injured party has to meet when proving the amount of the harm suffered, how precisely he has to prove that amount, the methods that can be used in quantifying the amount and the consequences of not being able to fully meet the set requirements. However, these domestic requirements should not be less favourable than those governing similar domestic actions (principle of equivalence), nor should they render the exercise of the Union right to damages practically impossible or excessively difficult (principle of effectiveness). Regard should be had in this respect to any information asymmetries between the parties and to the fact that quantifying the harm means assessing how the market in question would have evolved had there been no infringement. This assessment implies a comparison with a situation which is by definition hypothetical and can thus never be made with complete accuracy. It is therefore appropriate to give national courts the power to estimate the amount of the harm caused by the competition law infringement. The courts should be assisted in this rather complex task by clear, simple, comprehensible, easily applicable and sufficiently updated guidance issued by the Commission.
Amendment 35 #
2013/0185(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Injured parties and infringing undertakings should be encouraged to agree on compensating the harm caused by a competition law infringement through consensual dispute resolution mechanisms, such as out-of-court settlements, arbitration and mediation. Where possible, such consensual dispute resolution should cover as many injured parties and infringing undertakings as possible. The provisions regarding collective redress shall respectively apply in the context of collective Alternative Dispute Resolution (ADR) mechanisms. The provisions in this Directive on consensual dispute resolution are therefore meant to facilitate the use of such mechanisms and increase their effectiveness.
Amendment 39 #
2013/0185(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States shall ensure that injured parties can effectively exercise their claims for damages and obtain actual enforcement of redress.
Amendment 41 #
2013/0185(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
3. ‘action for damages’ means an action under national law by which an injured party brings individual or jointly a claim for damages before a national court; it may also covers actions by which someone acting on behalf of one or more injured parties brings a claim for damages before a national court, where national law provides for this possibility;
Amendment 45 #
2013/0185(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 15
Article 4 – paragraph 1 – point 15
Amendment 62 #
2013/0185(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, for the purpose of actions for damages, national courts cannot at any time order a party or a third party to disclose any of the following categories of evidence:leniency corporate statements.
Amendment 63 #
2013/0185(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 65 #
2013/0185(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 69 #
2013/0185(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall ensure that national courts caneffectively impose sanctions on parties, third parties and their legal representatives in the event of:
Amendment 70 #
2013/0185(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b – point iii
Article 8 – paragraph 1 – point b – point iii
(iii) the destroying party knew or could reasonably have inferred that the evidence was of relevance to pending or prospective actions for damages brought by it or against it;
Amendment 75 #
2013/0185(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Member States shall ensure that the limitation period is suspended if a competition authority takes action for the purpose of the investigation or proceedings in respect of an infringement to which the action for damages relates. The suspension shall end at the earliest onetwo years after the infringement decision has become final or the proceedings are otherwise terminated.
Amendment 85 #
2013/0185(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Member States shall ensure that the court has the power to estimate which share of that overcharge was passed on. The courts should be assisted in this rather complex task by clear, simple, comprehensible, easily applicable and sufficiently updated guidance issued by the Commission.
Amendment 88 #
2013/0185(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that, in the case of a cartelhardcore by object infringement, it shall be presumed that the infringement caused harm. The infringing undertaking shall have the right to rebut this presumption.
Amendment 93 #
2013/0185(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
The Commission shall review this Directive and report to the European Parliament and the Council by [...] at the latest [to be calculated as 5 years after the date set as the deadline for transposition of this Directive.] The Report shall be accompanied by a coherent post-implementation assessment of the functioning of collective redress and collective ADR mechanisms within the competition sector, with particular evaluation of the essence of widening the application of such mechanisms in other sectors as well or establishing such a mechanism at EU level, to secure effective consumer protection and a balanced operation of the internal market.
Amendment 112 #
2013/0072(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Essential personal items and airport shopping should always be allowed at no extra cost, in addition to the prescribed cabin baggage allowance.
Amendment 119 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point m
Article 2 – point m
“extraordinary circumstances” means circumstances which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. For the purposes of this Regulation, extraordinary circumstances shall include the circumstancesare set out in the Annex;
Amendment 129 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 261/2004
Article 4 – paragraph 3
Article 4 – paragraph 3
If boarding is denied to passengers against their will, the operating air carrier shall immediately and without any further formality compensate them in accordance with Article 7 and assist them in accordance with Article 8. Where the passenger opts for rerouting at the earliest opportunity pursuant to Article 8(1)(b) and where the departure time is at least two hours after the initial departure time, the operating carrier shall assist the passenger in accordance with Article 9.
Amendment 134 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Paragraphs 1, 2 and 3 shall also apply to return tickets where the passenger is denied boarding at the return journey on the grounds that he/she did not take the outward journey or did not pay an additional charge for this purpose. (This amendment concerns the Greek version only. It is intended to correct a mistake in the Greek version of the Commission proposal, which makes reference to paragraphs 1 and 2 only, and not to paragraphs 1, 2 and 3 as in the other language versions.)
Amendment 137 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 261/2004
Article 5 – paragraph 3
Article 5 – paragraph 3
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken. Such extraordinary circumstances can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft. Where the air carrier does not produce such evidence in writing, in view of a passenger's claim, the compensation remains due.
Amendment 155 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) 261/2004
Article 6 – paragraph 5
Article 6 – paragraph 5
Subject to safety constraints, where a tarmac delay exceeds one hooccurs, the operating air carrier shall provide free of charge access to toilet facilities and drinking water, shall ensure adequate heating or cooling of the passenger cabin, and shall ensure that adequate medical attention is available if needed. Where a tarmac delay reaches a maximum of fivetwo hours, the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1, unless there are safety-related or security- related reasons why the aircraft cannot leave its position on the tarmac.
Amendment 181 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
The air carrier may reach a voluntary agreement with the passenger that replaces the compensation provisions set out in paragraph 1 with travel vouchers and/or other services, provided that this agreement is confirmed by a document signed by the passenger which reminds the passenger of his rights to compensation under this Regulation. The burden of proof in relation with the above mentioned agreement, lies with the operating air carrier.“
Amendment 190 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 6
Article 9 – paragraph 6
Where a passenger opts for reimbursement pursuant to Article 8(1)(a) while being at the departure airport of his journey, or opts for rerouting at a later date pursuant to Article 8(1)(c), the passenger shall have no further rights with regard to care under Articles 9(1)(a) and 9(1)(b) in relation to the relevant flight.
Amendment 199 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16 a – paragraph 5 a (new)
Article 16 a – paragraph 5 a (new)
Amendment 204 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6 – point d – paragraph 1
Article 6 – point d – paragraph 1
Amendment 214 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – title
Annex 1 – title
Annex: non-exhaustive list of circumstances considered as extraordinary circumstances for the purposes of this Regulation
Amendment 220 #
2013/0027(COD)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The competent authorities and the single points of contact shall work in close cooperation with personal data protection authorities when addressing incidents resulting in personal data breaches. The single points of contact and the data protection authorities shall develop, through cooperation with ENISA, information exchange mechanisms and a single template to be used both for notifications under Article 14(2) of this Directive and the Directive 95/46/EC of the European Parliament and of the Council1. _________________ 1 Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
Amendment 1 #
2012/2144(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 9, 14, 49 and 56 of the Treaty on the Functioning of the European Union,
Amendment 2 #
2012/2144(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard the Charter of Fundamental Rights of the European Union,
Amendment 3 #
2012/2144(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to its resolution of 14 June 2012 on 'Single Market Act: The Next Steps to Growth',1 __________________ 1 Text adopted, P7_TA(2012)0258.
Amendment 12 #
2012/2144(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that all main stakeholders have to commit themselves to properly enforcing the full implementation of Single Market legislation, whilst also taking into account its social dimension; therefore, provisions regarding social protection, health and safety at work can not be evaluated as disproportionate restrictions;
Amendment 12 #
2012/2144(INI)
Motion for a resolution
Recital C
Recital C
Amendment 22 #
2012/2144(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that red tapeunnecessary and disproportionate administrative burden, discriminatory practices and some unjustified restrictions to service provision across the EU are one of the reasons for depriving citizens of jobs as well as causing business to miss opportunities;
Amendment 26 #
2012/2144(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that the EU could make a GDP gain of 2.6% in 5-10 years if Member States were ready to implement the Services Directive properly and fully and remove unnecessary restrictions, the EU could make a GDP gain of 2.6% in 5-10 years, under an ambitious scenario not taking into account the recession and the particularities of different Member States during the economic crisis;
Amendment 31 #
2012/2144(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that effective enforcement of existing rules is a smart and fast way of creaontributing to growth without public spending; underlines the urgent need to make the directive work in practice; notes that the application of the Directive is not an end itself and that it should not jeopardise Europe's model of a balanced and sustainable social market economy;
Amendment 36 #
2012/2144(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes new forms of services such as digital and mobile services, the development of the Digital Single Market and mixed goods/services packages; underlines the need to interpret the directive in as extensive and future-proof a manner as possible in order to encourage innovation;
Amendment 40 #
2012/2144(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the Services Directive does not force the full liberalisation of the market in services, but paves the way for both business and consumers to grasp the full potential of our single market;
Amendment 44 #
2012/2144(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that enforcement of austerity policies and the recession in many Member States impedes the enjoyment of the economic advantages of the Services Directive;
Amendment 49 #
2012/2144(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regretcalls that Member States are oftensometimes using overriding reasons of public interest (Article15 of the Services Directive) to protect and favour their domestic market; highlights the fact that burdensome legal- form and shareholder requirements, territorial restrictions, economic needs tests and fixed tariffs create unjustified obstacles to cross-border establishmentcalls on the Commission to rigorously examine the actual and not ostensible compliance with the jurisprudence of the European Court of Justice as well as the requirements laid down in the directive regarding the freedom of establishment for service providers fully taking into account the provisions of Article 1 of the Services Directive (2006/123/EC);
Amendment 53 #
2012/2144(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that the Directive does not affect the labour law of Member States, therefore, provisions regarding social protection, collective bargaining, health and safety at work and social security can not be evaluated as disproportionate restrictions;
Amendment 57 #
2012/2144(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned at the growing number of discrimination cases reported by consumers; urges Member States to properly enforcecorrectly and fully implement Article 20(2) of the Services Directive and; calls on the Commission to ensure the correct application of this provision and welcomes the constructive role of the European Consumers Centres to identify and solve the irregularities observed; calls on businesses to refrain from unjustified discriminatory practices on grounds of nationality or place of residence;
Amendment 61 #
2012/2144(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that full implementation of the Services Directive requires interplay with sector-specific rules that may require extra authorisations, leading to cumulative costs especially for SMEs; calls on Member States to take an integrated holistic approach to the internal market for services in order to ensure legal certainty for consumers and business and particularly facilitate SMEs;
Amendment 64 #
2012/2144(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the fact that the smooth functioning of the internal market for services depends not only on the implementation of the Services Directive but equally on the implementation of other EU legislative acts.
Amendment 65 #
2012/2144(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Welcomes the efforts to provide legal certainty to business and consumers with tools such as the Consumers Rights Directive, the Alternative Dispute Resolution Directive and the Online Dispute Resolution Regulation; recalls the need for establishing an EU-wide coherent collective redress mechanism in the field of consumer protection which is a crucial instrument for supporting healthy competition;
Amendment 67 #
2012/2144(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to ensure consistency between the peer review under the Services Directive and the mutual evaluation under the Professional Qualifications Directive and to identify where exactly Member States are disproportionately blocking access to certain professions; urges Member States to remove such unjustified requirements;
Amendment 74 #
2012/2144(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the diversity of national standards is causing fragmentation; encourages the development of voluntary European standards for servicescould be a way to improve cross- border comparability of certain services;
Amendment 77 #
2012/2144(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights also the fact that inadequate cross-border coverage of insuranceprofessional indemnity cover for service providers is a major hindrance to free movement; urges stakeholders to find solutions through dialogue;
Amendment 79 #
2012/2144(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages broader use of the IMI- system between Member States to check cross-border compliance with the requirements of the Directive, in particular in cases of the cross-border provision of services, and of SOLVIT to help business and consumers with conflicting rules and non-compliance;
Amendment 85 #
2012/2144(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission and Member States to develop a comprehensive communication strategy to inform all European citizens about their rights and opportunities deriving from the Services Directive;
Amendment 97 #
2012/2144(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that competent regional and local authorities must also take their shared responsibility for full and qualitative enforcement beyond the letter of the directive, with the overall aim of stimulating economic activity;
Amendment 101 #
2012/2144(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the fact thatcases where overriding reasons of public interest are too often invoked in a way that damages the internal market for services; regrets that the proportionality assessment is rarely made; asks the Commission to clarify the concept of proportionality andby the Member States in a way that might not always respect the European Union law; regrets that the proportionality assessment is rarely made; asks the Commission, fully respecting the correct implementation of the relevant criteria laid down by the Directive and the jurisprudence of the European Court of Justice to issue practical guidance to the Member States on how to apply it and to publish a report on its findings;
Amendment 108 #
2012/2144(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly supports the Commission's zero tolerance policy; encourages the Commission to make use of all means at its disposal to ensure full enforcement of existing rules, in dialogue on an equal basis with Member States; calls for fast-track infringement procedures to be appliedthe Commission's objective should primarily be the correct implementation of the Directive and not the punishment of Member States; in cases where Member States continue not to implement the Directive or whenever breaches of the directive are identified infringement procedures should be envisaged;
Amendment 113 #
2012/2144(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly supports the Commission’s zero tolerance policy; encourages the Commission to make use of all means at its disposal to ensure full enforcementimplementation of existing rules, in dialogue with Member States; calls for fast-track infringement procedures to be applied whenever breaches of the directive are identified;
Amendment 115 #
2012/2144(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights the need for strict controls by Member States to combat pseudo self- employment and its negative consequences;
Amendment 120 #
2012/2144(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Asks the Commission to conduct an impact assessment of the Directive on workers and consumer protection;
Amendment 13 #
2012/2134(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that, particularly in periods of economic crisis, funding under European and national programmes should be earmarked first and foremost for SMEs that guarantee constant or increased manning levels over a given period, thereby helping to reduce unemployment;
Amendment 25 #
2012/2134(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the offer by the Commission to act in cooperation with the social partners so as to play a coordinating role in the exchange of best practices between Member States regarding SME funding;
Amendment 27 #
2012/2134(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses the important role played by the European Investment Bank in taking direct specific measures to facilitate access to funding, especially for small and micro-enterprises;
Amendment 29 #
2012/2134(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission and Member States to explore the possibility of using the best market screening mechanisms to promote SME internationalisation and to create strategic planning support instruments for them;
Amendment 38 #
2012/2134(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need for comprehensible, comprehensive and specialised information and for guidance to be provided by appropriately trained staff for SMEs seeking funding from banks or other sources;
Amendment 42 #
2012/2134(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the SME test, which ensures that any new measures do not place disproportionate burdens on SMEs; these measures must not apply to the social protection of workers and provisions regarding health and safety at work;
Amendment 15 #
2012/2133(INI)
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
- having regard to its resolution of 2 February 2012 ‘Towards a coherent European Approach to Collective Redress’"1 __________________ 1 Texts adopted, P7_TA(2012)0021.
Amendment 180 #
2012/2133(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission, therefore, to submit measures, including possibly a legislative proposal establishing an EU- wide coherent collective redress mechanism in the field of consumer protection, applicable to cross-border cases, on the basis of a set of common principles and safeguards inspired by the EU legal tradition and the legal systems of the 27 Member States, and in accordance with the principles of subsidiarity and proportionality;
Amendment 14 #
2012/2101(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that the scope of the directive must be extended to expenses incurred by consumers prior to the award of legal aid and considered necessary to support their claims effectively, for example travel expenses for attendance at hearings before the relevant courts.
Amendment 20 #
2012/2056(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Parliament has expressed its support for the introduction of eCall on numerous occasions, including support for its mandatory deployment, an initiative that will create a feeling of greater safety for citizens when travelling,
Amendment 48 #
2012/2056(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that eCall should be a public EU-wide emergency call system, embedded in the vehicle and based on 112 and on common pan-European standards, adapted to the special needs of people with specific disabilities, in order to ensure a reliable, high-quality and affordable service that can work seamlessly and interoperably across the whole of Europe in all automobiles, irrespective of make, country or actual location of the vehicle, thus maximising the benefits of eCall for all drivers;
Amendment 85 #
2012/2056(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that ensuring that all PSAPs in all Member States are equipped to a high standard is essential if there is to be a uniform level of protection of citizens throughout the Union, and therefore calls on the Member States to upgrade their emergency response services infrastructures and to provide suitable training to operators so as to be able to handle eCalls by 2015, in the way best suited to their national structures;
Amendment 101 #
2012/2056(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to support and coordinate the exchange of relevant best practice between Member States and also private sector bodies with the relevant experience, with a view to improving the effectiveness of the entire emergency services supply chain;
Amendment 111 #
2012/2056(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises that consumers should be offered a realistic overview and comprehensive, reliable and credible information regarding the functionality and effects of any private emergency call in- vehicle application they are choosing and the level of service which can be expected;
Amendment 119 #
2012/2056(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that appropriate rules, respecting transparency, should be included for the processing of personal data relating to eCalls, not only by MNOs but also by all other actors involved, including vehicle manufacturers, PSAPs and the emergency services and ensuring respect for the principles of privacy and data protection of personal data in accordance with European (Directives 95/46/EC and 2002/58/EC) and national legislation;
Amendment 134 #
2012/2056(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to ensure that the eCall system is based on an interoperable and open-access platform in order to encourage innovation and boost the competitiveness of the European information technology industry on the global markets and thus to support consumers’ freedom of choice;
Amendment 143 #
2012/2056(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that the eCall system must be easy and user-friendly and that consumers, as end-users, should not be burdened with any of the costs whatsoever of the in-vehicle eCall system;
Amendment 146 #
2012/2056(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission and the Member States to step up their activities as regards implementing awareness-raising campaigns concerning the eCall system and its benefits for Europe’s citizens, placing the emphasis on practical information;
Amendment 60 #
2012/0366(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, taking into consideration scientific development and internationally agreed standards, their toxicity or addictiveness.
Amendment 82 #
2012/0366(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, ‘natural’, ‘organic’, ‘without additives’, ‘without flavours’, ‘slim’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 91 #
2012/0366(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure efficacy, independence and transparency, manufacturers of tobacco products should conclude data storage contracts with independent third parties, under the auspices of an external auditor. The data related to the tracking and tracing system should be kept separate from other company related data and be under the control of and accessible at all times by the competent authorities from Member States and the Commission.
Amendment 133 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘maximum level’ or ‘maximum yield’ means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
Amendment 152 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 160 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that incconsider the appropriate policy response including, if appropriate, prease nting an appreciable manner the toxic or addictive effect of tobacco products beyond proposal to amend this directive according withe threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1e findings of the report described in Article 23.
Amendment 173 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall require manufacturers and importers of tobacco products, nicotine-containing products and herbal products for smoking to submit to their competent authorities a list of all ingredients, and quantities thereof, used in the manufacture of the tobacco products by brand name and type, as well as their emissions and yields. Manufacturers or importers shall also inform the competent authorities of the concerned Member States if the composition of a product is modified affecting the information provided under this Article. Information required under this Article shall be submitted prior to the placing of the market of a new or modified tobacco product.
Amendment 208 #
2012/0366(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In order to ensure their graphic integrity and visibility, health warnings shall be irremovably printed, indelible and in no way hidden or interrupted, including by tax stamps, price marks, tracking and tracing marks, security features or by any type of wrapper, pouch, jacket, box or other device or by the opening of the unit packet.
Amendment 215 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm. For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
Amendment 235 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 251 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 290 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
This tobacco product can damages your health and is addictive.
Amendment 314 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your- own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 420 g.
Amendment 441 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
Amendment 444 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
This product contains nicotine and can damages your health.
Amendment 452 #
2012/0366(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
This product can damage your health and is addictive.
Amendment 455 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of time from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 460 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 465 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 60 #
2012/0061(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62, 151 and 62153 thereof,
Amendment 62 #
2012/0061(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 15, 21 and 28 thereof,
Amendment 65 #
2012/0061(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Pursuant to Article 3(3) TEU, the internal market is not an end in itself, but a means to achieve social progress. The free movement of workers, the freedom of establishment and the freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty. The implementation of these principles is further developed by Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workerlegislation and measures aimed at guaranteeing the rights of workers and a level playing field for businesses.
Amendment 74 #
2012/0061(COD)
Proposal for a directive
Recital 3
Recital 3
(3) With respect to workers temporarily posted to carry out work in order to provide services in another Member State than the one in which they habitually carry out their work, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services establishes a core set of clearly defined terms and conditions of work and employment which must at least be complied with by the service provider in the Member State to which the posting takes place to ensure the minimum protection of the posted workers concerned.
Amendment 75 #
2012/0061(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) This directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to Articles 4 and 5 of Directive 96/71/EC.
Amendment 78 #
2012/0061(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
Amendment 79 #
2012/0061(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) In case of non-compliance, such as when a worker is found not to be genuinely posted, an undertaking should be subject to the relevant legislation applicable in the Member State to which the posting takes place, and all persons posted by the undertaking concerned shall be deemed workers exercising their freedom of movement within the Union.
Amendment 83 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved and the risk of contradictions in the application of EU law reduced.
Amendment 88 #
2012/0061(COD)
Proposal for a directive
Recital 6
Recital 6
(6) As is the case with Directive 96/71/EC, this Directive should not prejudice the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, or the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems and, Regulation No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012 or Article 45 and 46 TFEU. The provisions of this Directive should be without prejudice to Member States providing for more favourable conditions for posted workers.
Amendment 94 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of payhis Directive and Directive 96/71/EC should not interfere with different national industrial relations and collective bargaining systems.
Amendment 99 #
2012/0061(COD)
Proposal for a directive
Recital 9
Recital 9
(9) For the purpose of ensuring that a posted worker receives the correct pay and provided allowances specific to posting can be considered part of minimum rates of pay, such allowances should only be deducted from wages if national law, collective agreements and/or practiceas provided for by national law, collective agreements and/or practice of the Member State in which the posting takes place. Allowances specific to posting should be taken into account provided they are paid by the hour and regardless of the circumstances of the work performed. Allowances paid in reimbursement of expenditure actually incurred on account of the hpost Member State provide for thising, such as expenditure on travel, board and lodging should not be taken into account, as the reimbursement of such expenditure is an obligation on the employer.
Amendment 101 #
2012/0061(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) This Directive, Directive 96/71/EC and Directive 2008/104/EC should guarantee that temporary agency workers who are also posted workers benefit from the most advantageous terms and conditions of employment.
Amendment 105 #
2012/0061(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecthile underlining the important role of labour inspectorates and the social partners in this respect.
Amendment 109 #
2012/0061(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Effective, regular and flexible labour inspections are essential and adequate funding should be provided in order for the competent authorities to detect and combat misuse and circumvention. Member States should be entitled to perform any controls needed in order to fully comply with Article 5 in 96/71/EC and the provisions in this Directive.
Amendment 113 #
2012/0061(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Posted workers should not be used to replace workers on strike.
Amendment 117 #
2012/0061(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should take appropriate measures in order to prevent the misuse and/or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights. In particular, posted workers sent to replace workers on strike, successive assignments to the same post and bogus self employment should be prevented.
Amendment 118 #
2012/0061(COD)
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) Competent authorities should make an overall assessment of all factual elements in order to determine if an undertaking is genuinely established in a Member State other than the one to which it directs its services. Member States should ensure that the undertakings provide the necessary evidence. If it cannot be established that genuine substantial activity are carried out in the Member State of establishment, the undertaking should, for the purpose of this Directive and Directive 96/71/EC, be considered as established in the Member State to which the posting takes place.
Amendment 119 #
2012/0061(COD)
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) In order to assess whether a posted worker is temporarily carrying out his or her work in a Member State other than the one in which he or she normally works, all elements characterizing such work and the situation of the worker should be examined. Member States should ensure that undertakings provide the necessary evidence. If it cannot be established that a worker is a posted worker within the meaning of this Directive and Directive 96/71/EC, he/she should be considered as habitually employed in the Member State to which the posting takes place, within the meaning of Regulation No 593/2008.
Amendment 120 #
2012/0061(COD)
Proposal for a directive
Recital 11 d (new)
Recital 11 d (new)
(11d) In case terms and conditions of employment in the Member State of establishment and/or the Member State to which the posting takes place are more favourable to posted workers than this Directive and/or Directive 96/71/EC, the more favourable terms and conditions should apply.
Amendment 131 #
2012/0061(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligations to make information on terms and conditions of employment generally available and to provide effective access free of charge to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised.
Amendment 133 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Posted workers have an individual right to information and advice on the applicable terms and conditions of work and employment. It is the responsibility of the Member States to set up appropriate bodies to which posted workers can turn in this respect.
Amendment 144 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certainthe necessary control measures orand administrative formalities to undertakings posting workers for the provision of services. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained in order to effectively combat fraud and unfair competition.
Amendment 152 #
2012/0061(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A comprehensive and effective system of preventive and control measures, together with deterrent penalties to identify and prevent individual instances of bogus self- employed, should contribute to combat concealed employment effectively. In this context it is essential that competent authorities in the member states have the means to check if there is a situation of dependency between the allegedly self- employed individual and his or her employer.
Amendment 154 #
2012/0061(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to combat bogus self- employment and other violations of existing legislation, a European register should be set up for companies that have repeatedly violated the rules laid down in this Directive and Directive 96/71/EC. The purpose of the register should also be to ensure a level playing field and fair competition among companies.
Amendment 156 #
2012/0061(COD)
Proposal for a directive
Recital 18
Recital 18
(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, and to reduce, as far as possible, differences in the level of application and enforcement across the Union, Member States should ensure that effective and adequate inspections are carried out on their territory.
Amendment 159 #
2012/0061(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 164 #
2012/0061(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts. Trade unions should have a right of collective action and the possibility of representative action.
Amendment 172 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector,With a view to reducing abuses in subcontracting situations and in order to protect posted workers‘' rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authoritiesall contractors up the chain can be held liable to pay to posted workers all entitlements due to him/her.
Amendment 181 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 192 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 199 #
2012/0061(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) This Directive and Directive 96/71/EC apply also to transport undertakings other than those engaged in maritime transport, which post workers to other Member States, including air and freight transport as well as cabotage operations as recognised in recital 17 of Regulation No 1072/2009/EC of the European Parliament and of the Council on common rules for access to the international road haulage market.
Amendment 208 #
2012/0061(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Insufficient cooperation between Member States remains a problem in enforcing Directive 96/71/EC. This hinders the creation of a level playing field for companies and the protection of workers. In the case of Member States failing to live up to the provisions laid down in this Directive and Directive 96/71/EC, the Commission should, in accordance with the Treaty of the European Union, take legal action.
Amendment 213 #
2012/0061(COD)
Proposal for a directive
Recital 33
Recital 33
(33) This Directive and Directive 96/71/EC respects the fundamental rights and observes the principles recognised in the European Convention on Human Rights, ILO Conventions and the Charter of Fundamental Rights of the European Union, notably protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the freedom to conduct a business (Article 16), the right to equality (Article 20), non-discrimination (Article 21), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), and the right to an effective remedy and to a fair trial (Article 47) and has to be implemented in accordance with those rights and principles.
Amendment 215 #
2012/0061(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Fundamental social rights should not be called into question on grounds of economic freedoms. Therefore this Directive should strengthen the enforcement of Directive 96/71/EC in particular in light of legal uncertainties resulting from the judgments of the European Court of Justice notably Viking (C-438/05), Laval (C-341/05), Rüffert (C- 346/06) and Luxembourg (C-319/06).
Amendment 217 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
1. This Directive establishes a general common framework of appropriateset of provisions, measures and control mechanisms necessary forenabling Member States to ensure better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC, including measures to prevent and sanction any abuse and circumvention of the applicable rulesterms and conditions of employment that apply in the place where the service is to be performed, without prejudice to more favourable treatment of the worker.
Amendment 220 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)
Article 1 – paragraph 1 – subparagraph 1 a (new)
This Directive clarifies which measures fall under the public policy provisions, which are provisions covering those mandatory rules from which there can be no derogation and which, by their nature and objective, meet the imperative requirements of the public interest.
Amendment 223 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross- border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 226 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2 a (new)
Article 1 – paragraph 1 – subparagraph 2 a (new)
This Directive does not affect in any way the competences of the Member States to define mandatory labour standards and working conditions for all workers pursuing labour on their territory as stated in Article 3 (10) of Directive 96/71 as long as these standards are not protectionist or discriminatory.
Amendment 230 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not affect in any way the exercise of fundamental rights as recognised in Member States and by Union laws well as at Union and international level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practices. Nor does it affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.
Amendment 237 #
2012/0061(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a Relationship with Union law 1. This Directive and Directive 96/71/EC apply without prejudice to more favourable treatment of workers provided for in other Union law instruments. 2. In case of conflict between this Directive and Directive 96/71/EC on the one hand and Directive 2008/14/EC on temporary agency work on the other hand, priority shall be given to the instrument which guarantees the worker the most favourable treatment with regard to terms and conditions of employment.
Amendment 239 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means an authority body designated by a Member State to perform functions under this Directive, including social partners;
Amendment 250 #
2012/0061(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 255 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall tmake into accountan overall assessment of all factual elements characterising the activities carried out by an undertaking in the Member State in which it is established and, where necessary, in the Member State to which the posting takes place in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include in the Member State of establishment or the employment of staff only in the Member State to which the posting takes place. In particular, the following elements shall be taken into consideration:
Amendment 268 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, has a professional licence or is registered with the chambers of commerce or professional bodiesperforms its substantial business activity in the sector where the posted worker is employed,
Amendment 275 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) the place where the undertaking pays taxes and social security contributions,
Amendment 276 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) the generation of more than 25% turnover in the Member State of establishment,
Amendment 279 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the place where posted workers are recruited and usually employed,
Amendment 283 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clientsproportion of staff working in the Member State of establishment, on the one hand, and the place where the majority of contracts with clients are carried out, on the other hand,
Amendment 312 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
If a subcontractor fails to prove that it performs genuine substantial activities within the meaning of this article in its Member State of establishment, its posted workers shall be presumed to be employed by the contracting undertaking with application of all statutory and collectively agreed rights and obligations in the host Member State.
Amendment 318 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Amendment 333 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a
Article 3 – paragraph 2 – subparagraph 2 – point a
(a) the work is carried out for a limited period of time in another Member State; of a maximum of six months in another Member State; with the agreement of the social partners of the Member States to which the posting takes place, the posting period can be longer, but cannot in any case exceed one year; particular attention shall be paid to the time spent by the worker on posting compared to the length of employment in the habitual place of work;
Amendment 338 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b
Article 3 – paragraph 2 – subparagraph 2 – point b
(b) the posting takes place to a Member State other than the one in or from which the posted worker habitually carries out his or her work according to Regulation (EC) No 593/2008 and/or the Rome Convention;
Amendment 341 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b a (new)
Article 3 – paragraph 2 – subparagraph 2 – point b a (new)
(b a) an employment relationship exists with the worker in accordance with the legislation of the Member State of establishment for at least three months prior to the posting;
Amendment 342 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b b (new)
Article 3 – paragraph 2 – subparagraph 2 – point b b (new)
(b b) the posting takes place from the Member State in which the worker habitually carries out his or her work and the employment relationship has not just been entered into for the posting;
Amendment 346 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns or is expected to resume working tofor the Member State from which he/she issame employer in his habitual place of employment outside the Member State of posteding after completion of the work or the provision of services for which he or she was posted;
Amendment 358 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point d
Article 3 – paragraph 2 – subparagraph 2 – point d
(d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done, as well as;
Amendment 361 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point e
Article 3 – paragraph 2 – subparagraph 2 – point e
Amendment 379 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
All the factual elements enumerated above are indicative factorsshall be included in the overall assessment to be made and mayshall not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation.
Amendment 392 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. When verifying a self-employment status in the host Member State the following criteria shall be taken into consideration in particular: (a) Remuneration and the existence of a link of subordination between a worker and an undertaking; (b) Employment activities before moving to the host Member State; (c) Fulfilment of business requirements in the Member State of establishment and means to continue the business after the return to the Member State of establishment. (d) Maintenance of an office in the Member State of establishment; (e) Payment of taxes in the Member State of establishment; (f) Possession of a VAT number in the Member State of establishment; (g) Registration with chambers of commerce or professional bodies in the Member State of establishment; (h) Entrepreneurial skills.
Amendment 397 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. Member States shall ensure that travel, board and lodging/accommodation are organized and paid for by the employer or that the reimbursement of these costs is guaranteed. In the latter case the employer shall clearly state in the contract with the posted worker how this will take place. Wages shall be paid by the employer via bank transfer to an account in the name of the posted worker. The posted worker shall benefit from adequate accommodation, pursuant to national legislation and practice that ensures a decent standard of living for the duration of posting. These provisions shall be without prejudice to the possibility for posted workers to freely choose their own accommodation. The posted worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated for the duration of posting. If the posted worker is required to pay rent for such accommodation, its cost shall not be excessive in relation to their net remuneration nor to the quality of the accommodation and it shall not be automatically deducted from their wage.
Amendment 403 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 406 #
2012/0061(COD)
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b Applicable law 1. Where it is not established that an undertaking performs genuine substantial activity in the Member State of establishment in accordance with Article 3.1, the undertaking shall be considered to be established in the Member State where it provides the service. 2. Where it is not established that a posted worker is temporarily carrying out work in a Member State other than the one in which he normally works in accordance with Article 3.2, the habitual place of employment, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided. 3. Terms and conditions of employment, as provided for in the national laws and collective agreements of the Member State of establishment and/or the Member State where the service is provided, which are more favourable to workers shall apply. 4. In the event of absence, lack or incompletion of documents such as the ones referred to in Article 3 of Directive 91/533 or the A1 certificate concerning the social security legislation, as stipulated for posted workers by Regulation 883/2004 and implementing Regulation 987/2009, the situation should not be characterised as one of 'temporarily posting' to another Member State, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided.
Amendment 413 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC which are to be applied and complied with by service providers are made generally available in a clearfree of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in Article 4 of Directive 96/71/EC are in a position to carry out their tasks effectively.
Amendment 421 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) indicate clearly, in a detailed and user friendly manner and accessible format on national websites and other means which terms and conditions of employment and/or which parts of their (national and/or regional) legislation have to be applied to workers posted to their territory;
Amendment 424 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) take the necessary measures to make generally available on internet sitewebsites and by other means information on which collective agreements are applicable (and to whom), and which terms and conditions of employment have to be applied by service providers from other Member States in accordance with Directive 96/71/EC, whereby, where possible, links to existing internet sites and other contact points, in particular the relevant social partners, shall be provided;
Amendment 429 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in languages other than the national language(s) of the country in which the services are providedthe requested official EU language, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; further detailed information on labour and social conditions including occupational health and safety shall be easily made available by different means of communication including contact points;
Amendment 448 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make available the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workers. Terms and conditions of employment should be available in an accessible and transparent way.
Amendment 454 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Commission and Member States shall ensure adequate support for joint initiatives of the relevant social partners at the European and national level aimed to inform undertakings and workers on the applicable terms and conditions laid down in this Directive and Directive 96/71/EC.
Amendment 458 #
2012/0061(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Workers' access to information and advice 1. Posted workers shall have an independent right to information and advice on the applicable terms and conditions of work and employment provided by the receiving Member State in the desired official EU language. 2. Member States shall ensure that suitable contact points and bodies are available to which workers can turn for information, advice and support concerning their rights. This applies both to the receiving Member States and the sending Member States. 3. In case a Member State gives this task to a third party adequate funding must be ensured.
Amendment 461 #
2012/0061(COD)
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 465 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The cooperation of the Member States shall in particular consist in replying to reasoned requests for information without delay and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC and relevant articles in this Directive, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.
Amendment 474 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution as quickly as possible. Any permanent refusal to provide the requested data shall be considered an infringement to the EU law, as defined in TFEU Articles 258 and following.
Amendment 480 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1 a (new)
Article 6 – paragraph 5 – subparagraph 1 a (new)
Cases in which Member States refuse to provide requested information shall be recorded by the Commission, including the responsible authorities involved.
Amendment 482 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hours. This urgency mechanism shall be used where it is suspected that an undertaking does not genuinely perform substantial activities in the Member State of establishment in accordance with Article 3 of this Directive.
Amendment 485 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2 a (new)
Article 6 – paragraph 5 – subparagraph 2 a (new)
This Article shall not preclude competent authorities in the host Member State from taking immediate measures to investigate, prevent and sanction social fraud.
Amendment 488 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Member States shall ensure the confidentiality of the information which they exchange. Information exchanged shall be used only in respect of the matter(s) for which it was requested in accordance with national law and practice.
Amendment 491 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 496 #
Amendment 499 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 502 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 504 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 507 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 513 #
2012/0061(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 518 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The competent authorities in the host Member State shall record the relevant data with regard to Article 9, paragraph 1 (a). The competent authorities in the Member State of establishment shall record the relevant data with regard to Article 3, paragraph 1 and with regard to the payment of social security contributions and taxes by the service provider. The competent authorities in the host Member State and in the Member State of establishment shall both forward their data to the European Commission (Eurostat) for summaries and regular public reporting.
Amendment 520 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall assess the necessity forensure adequate financial support in order to further improve administrative cooperation and increase mutual trust through projects, including promoting exchanges of relevant officials and training, as well as developing, facilitating and promoting best practice initiatives, including those of social partners at Union level, such as the development and updating of databases or joint websites containing general or sector- specific information concerning terms and conditions of employment to be respected.
Amendment 533 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the followingshall impose administrative requirements and effective control measures. These measures shall include in particular:
Amendment 542 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities at the latest at the commencementone month in advance of the service provision, whereby the declaration may only covershall cover in particular: - the identity of the service provider,; - the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, andanticipated number and the individual identification data of the posted workers; - the anticipated duration of posting; - the place where the service is to be provided; - the services justifying the posting;
Amendment 553 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) an obligation for the service provider to inform the responsible national competent authorities without delay: - in case the posting does not or has not taken place or was terminated ahead of schedule; - in case the service justifying the posting is interrupted; - in case the posted worker has been assigned by his employer to another undertaking, in particular in the event of a merger or a transfer of undertaking; - in case of any other changes related to the information provided according to Article 9.1 (a);
Amendment 555 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), - payslips, - time-sheets and, - proof of payment of wages or copies of equivalent documents during the period of posting, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in itsthe territory of the host Member State, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 568 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation ofin the documents referred to under (b), may be justified providedrequested official EU languages of these documents are not excessively long and standardised forms are generally used for such documentsferred to under (b);
Amendment 578 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) The Member State to which the posting takes place may require that the documents referred to under (b) and any additional mandatory documents are made available without delay to the competent national authorities.
Amendment 587 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact personlegal representative with a residence in the Member State to which the posting takes place, during the period of posting and up to one year after the service provision to deal with administrative and judicial proceedings and to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 597 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) other administrative requirements and control measures without which competent authorities cannot carry out their supervisory tasks effectively. These requirements shall be made publicly available.
Amendment 604 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that the procedures and formalities relating to the posting of workers can be completed easily by undertakings, at a distance and by electronic means as far as possible.
Amendment 612 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Within three years after the date referred to in Article 20, the necessityeffectiveness and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information, the development of more uniform, standardised documents, the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments, with a view to proposing, where appropriate, any necessary amendments or modifications.
Amendment 615 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The Member State of establishment and the Member State to which the posting takes place have both the competence to check the regularity of labour relations and working conditions. In cases of conflicting interpretations the law of the Member State to which the posting takes place prevails.
Amendment 616 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. During the period of posting of a worker, inspection of the working conditions shall lie within the responsibility of the authorities or competent body of the Member State to which the posting takes place. They can carry out factual checks and controls on their own initiative and are not bound to any results of checks or controls carried out by the Member State of establishment.
Amendment 619 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that appropriateffective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in this Directive and Directive 96/71/EC and to guarantee its proper application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shall be taken into account.
Amendment 637 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that inspections and controls of compliance with this Directive and Directive 96/71/EC are not discriminatory and/or disproportionate shall allocate the necessary resources for such inspections and controls.
Amendment 644 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Measures to control the application of Directive 96/71 and to detect abuses in relation to the posting of workers are to be considered public policy provisions in the meaning of Declaration No 10 on Article 3 (10) of Directive 96/71, recorded in the minutes of the Council of the European Union when Directive 96/71 was adopted. Provisions of Member States to fight undeclared labour and to prevent social dumping cannot be restricted on grounds of potentially hampering the freedom to provide services as long as they are not protectionist or discriminatory.
Amendment 652 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/EC, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, also the monitor the application of the relevant terms and conditions of employment of posted workers, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed.
Amendment 662 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. For the enforcement of the obligations under Article 6 of Directive 96/71/EC and this Directivethis Directive and Directive 96/71/EC, Member States shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly, as well as the right to institute judicial or administrative proceedings, also in the Member State in whose territory the workers are or were posted, where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules, even after the relationship in which the failure is alleged to have occurred has ended.
Amendment 664 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and Directive 96/71/EC and/or enforcing the obligations under this Directive and Directive 96/71/EC. Trade unions shall have the right of collective action in order to ensure compliance with the requirements of this Directive and Directive 96/71/EC and the possibility of taking representative action on behalf of posted workers.
Amendment 675 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts. However, a minimum period of at least six months for filing a claim shall be provided for under national rules of procedure.
Amendment 677 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Member States shall ensure that the necessary mechanisms are in place to ensure that posted workers are able to receiveor bodies acting on their behalf are able to claim and receive any due entitlements.
Amendment 680 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
Amendment 686 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
Amendment 692 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
This paragraph shall also apply in cases where the posted workers have returned from the Member State to which the posting took place and also in the case of bogus self-employment.
Amendment 697 #
2012/0061(COD)
Proposal for a directive
Article 12
Article 12
Amendment 700 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 701 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 718 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 736 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 755 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 764 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 770 #
2012/0061(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.
Amendment 774 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty or fine, fine or retroactive social security contributions or notify a decision imposing a penalty or, a fine, in so far as the relevant laws, regulations and administrative practices in force in the requested authority's Member State allow such action for similar claims or decis or retroactive social security contributions.
Amendment 781 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 783 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Amendment 788 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. If it emerges that the service provider is indeed not established in the Member State of alleged establishment or the address or company data are false, the competent authorities shall not terminate the process on formal grounds but further investigate the matter in order to establish the identity of the natural or legal person responsible for the posting.
Amendment 791 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For the purpose of recovery of a penalty or fine or notification of a decision imposing a penalty or fine in the requested Member State, any fine or penalty, fine or retroactive payment of social security contributions or notification of a decision imposing a penalty, fine or retroactive payment of social security contributions in the requested Member State, any fine, penalty or retroactive payment of social security contributions in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested Member State.
Amendment 794 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. The requested authority shall promptly inform the requesting authority of the action taken on its request for information, notification or recovery and, more specifically, of the date on which the instrument or decision was forwarded or notified to the addressee. The same shall apply if there are substantial obstacles to the request being successfully processed.
Amendment 802 #
2012/0061(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. If, in the course of the recovery or notification procedure, the fine, penalty and/or underlying claim is contested in the requesting Member State by the service provider concerned or an interested partyin compliance with the regulations applicable for contestation,, the cross-border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter.
Amendment 812 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in Articles 6, 7, 10(3), 13, 14 and 15 shall be implemented through the Internal Market Information System (IMI), established by [reference to IMI Regulation]89 or by other established methods of cooperation on which the Member States agree on a case-by-case basis or by means of bilateral agreements.
Amendment 819 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States may continue to apply bilateral arrangements or conclude new bilateral agreements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.
Amendment 821 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 825 #
2012/0061(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Clause of non-regression - More favourable provisions 1. This Directive and Directive 96/71/EC are without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive and Directive 96/71/EC. This is without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided that the minimum requirements laid down in this Directive are respected.
Amendment 833 #
2012/0061(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
No later than 5 years after the expiry of the deadline for transposition, the Commission shall report to the European Parliament, the Council and, the European Economic and Social Committee and the Committee of the Regions on the implementation of this Directive, making appropriate proposals where necessary.
Amendment 39 #
2012/0027(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Compliant and trustworthy economic operators who help to secure the customs clearance chain and the European Union's financial interests should, as ‘"authorised economic operators’", be able to take maximum advantage of widespread use of simplification and, taking account of security and safety aspects, benefit fromshould enjoy practical benefits including reduced levels of customs control. They may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety. They may be granted one or other status, or both together.
Amendment 40 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 11
Article 5 - point 11
11. ‘declaration for temporary storage’ means the act whereby a person indicates, in the prescribed form and manner, that goods are placed oror are intended to be placed under that procedurin temporary storage;
Amendment 41 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 14 a (new)
Article 5 - point 14 a (new)
14a. ‘temporary storage’ means a situation in which non-Union goods are temporarily stored under customs supervision between their presentation to customs and their placement under a customs procedure;
Amendment 42 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 31 - point b
Article 5 - point 31 - point b
Amendment 43 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 31 - point c
Article 5 - point 31 - point c
Amendment 55 #
2012/0027(COD)
Proposal for a regulation
Article 20 - point a
Article 20 - point a
Amendment 57 #
2012/0027(COD)
Proposal for a regulation
Article 21 - paragraph 6 a (new)
Article 21 - paragraph 6 a (new)
6a. Holders of the status of authorised economic operator as referred to in paragraph 2 shall enjoy more favourable treatment based on the type of certificate obtained, in accordance with paragraph 2(a) and (b).
Amendment 58 #
2012/0027(COD)
Proposal for a regulation
Article 21 - paragraph 6 b (new)
Article 21 - paragraph 6 b (new)
6b. Applications from authorised economic operators shall be dealt with first.
Amendment 62 #
2012/0027(COD)
Amendment 64 #
2012/0027(COD)
Amendment 111 #
2012/0027(COD)
Proposal for a regulation
Article 91 - paragraph 2
Article 91 - paragraph 2
2. Where the customs debt is incurred as the result of an act which, at the time it was committed, was liable to give rise to criminal court proceedings, the three year period laid down in paragraph 1 shall be extended to a period of tenfive years.
Amendment 112 #
2012/0027(COD)
Proposal for a regulation
Article 91 - paragraph 3
Article 91 - paragraph 3
3. Periods laid down in paragraphs 1 and 2 shall be suspended for the time period referred to in article 24, paragraph 4. Where an appeal is lodged under Article 37, the periods laid down in paragraphs 1 and 2 of this article shall be suspended, for the duration of the appeal proceedings, from the date on which the appeal is lodged.
Amendment 123 #
2012/0027(COD)
Proposal for a regulation
Article 117 - paragraph 1 a (new)
Article 117 - paragraph 1 a (new)
The competent customs office may waive the lodging of an entry summary declaration in respect of goods for which, prior to the expiry of the time-limit for lodging that declaration, a declaration for temporary storage is lodged. That declaration for temporary storage shall contain at least the particulars necessary for the entry summary declaration. Until such time as the goods declared are presented to customs in accordance with Article 124, the declaration for temporary storage shall have the status of an entry summary declaration.
Amendment 128 #
2012/0027(COD)
Proposal for a regulation
Article 124 - paragraph 3
Article 124 - paragraph 3
3. The person presenting the goods shall make a reference to the entry summary declaration or customs declaration or declaration for temporary storage which has been lodged in respect of the goods, except where the lodging of suchan entry summary declaration is not required.
Amendment 129 #
2012/0027(COD)
Proposal for a regulation
Article 124 - paragraph 4
Article 124 - paragraph 4
4. Where non-Union goods presented to customs are not covered by an entry summary declaration, and except where the lodging of such declaration is not required, the holder of the goods shall lodge such a declaration or a customs declaration replacing it immediatelyone of the persons referred to in Article 114 shall immediately lodge an entry summary declaration or a customs declaration or a declaration for temporary storage replacing the entry summary declaration.
Amendment 130 #
2012/0027(COD)
Proposal for a regulation
Article 125 a (new)
Article 125 a (new)
Article 125a Temporary storage of goods Except where non-Union goods are placed under a customs procedure, they shall be in temporary storage from the moment of their presentation to customs in the following cases: (a) where goods brought into the customs territory of the Union are presented to customs immediately upon their arrival in accordance with Article 124; (b) where goods are presented to the customs office of destination in the customs territory of the Union in accordance with the rules governing the transit procedure; (c) where goods are brought from a free zone into another part of the customs territory of the Union.
Amendment 131 #
2012/0027(COD)
Proposal for a regulation
Article 125 b (new)
Article 125 b (new)
Amendment 132 #
2012/0027(COD)
Proposal for a regulation
Article 125 c (new)
Article 125 c (new)
Article 125c Amendment and invalidation of a declaration for temporary storage 1. The declarant may, upon application, be authorised to amend one or more particulars of the declaration for temporary storage after it has been lodged. No amendment shall be possible after any of the following : (a) the customs authorities have informed the person who lodged the declaration that they intend to examine the goods ; (b) the customs authorities have established that particulars of the declaration are incorrect; ; (c) the goods have been presented to customs. 2. Where the goods for which a declaration for temporary storage has been lodged are not presented to customs, the customs authorities shall invalidate that declaration: (a) upon application by the declarant; and (b) within a specific time-limit after the declaration has been lodged.
Amendment 133 #
2012/0027(COD)
Proposal for a regulation
Article 125 d (new)
Article 125 d (new)
Article 125d Conditions and responsibilities for the temporary storage of goods 1. Goods in temporary storage shall be stored only in temporary storage facilities in accordance with Article 125e or, where justified, in other places designated or approved by the customs authorities. 2. Without prejudice to Article 120(2), goods in temporary storage shall be subject only to such forms of handling as are designed to ensure their preservation in an unaltered state without modifying their appearance or technical characteristics. 3. The person presenting the goods in accordance with Article 124(1) and (2) shall be responsible for the following: (a) ensuring that goods in temporary storage are not removed from customs supervision; (b) fulfilling the obligations arising from the storage of goods in temporary storage. The holder of the authorisation referred to in Article 125e shall be responsible in accordance with paragraph 1 for goods stored in its temporary storage facilities. 4. Where, for any reason, goods cannot be maintained in temporary storage, the customs authorities shall without delay take all measures necessary to regularise the situation of the goods in accordance with Articles 167, 168 and 169.
Amendment 134 #
2012/0027(COD)
Proposal for a regulation
Article 125 e (new)
Article 125 e (new)
Amendment 135 #
2012/0027(COD)
Proposal for a regulation
Title 4 - Chapter 2 - Section 3 - title
Title 4 - Chapter 2 - Section 3 - title
Formalities after presentation Temporary storage of goods
Amendment 136 #
2012/0027(COD)
Proposal for a regulation
Article 126 - title
Article 126 - title
Obligation to place non-Union goodsgoods in temporary storage under a customs procedure
Amendment 137 #
2012/0027(COD)
Proposal for a regulation
Article 126 - paragraph 1
Article 126 - paragraph 1
1. Without prejudice to Articles 167,168 and 169 non-Union goods presented to customs shall be placed under a customs procedureNon-Union goods in temporary storage shall be placed under a customs procedure or re-exported within a specific time-limit.
Amendment 138 #
2012/0027(COD)
Proposal for a regulation
Article 126 - paragraph 2
Article 126 - paragraph 2
2. Except aswhere otherwise provided, the declarant shall be free to choose the customs procedure under which he wishes to place the goods, under the conditions for that procedure, irrespective of their nature or quantity, or their country of origin, consignment or destination.
Amendment 139 #
2012/0027(COD)
Proposal for a regulation
Article 129 - point ca (new)
Article 129 - point ca (new)
ca. the specific time-limit for re- exportation as referred to Article 126(1).
Amendment 140 #
2012/0027(COD)
Proposal for a regulation
Article 134 - paragraph 1
Article 134 - paragraph 1
1. All goods intended to be placed under a customs procedure, except for the free zone and the temporary storage procedures, shall be covered by a customs declaration appropriate for the particular procedure.
Amendment 142 #
2012/0027(COD)
Proposal for a regulation
Article 138 - paragraph 1
Article 138 - paragraph 1
1. The customs authorities may authorise a personn authorized economic operator authorised under points (a) and (b) of Article 21(2) to lodge, at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office. In such cases, the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged. Or. en Justification
Amendment 143 #
2012/0027(COD)
1. The cCustoms authorities may authorise a person to lodge, or make available, at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office. In such cases, the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged or made available.
Amendment 145 #
2012/0027(COD)
Proposal for a regulation
Article 138 - paragraph 2
Article 138 - paragraph 2
2. The customs office at which the customs declaration is lodged or made available shall carry out the formalities for the verification of the declaration, and the recovery of the amount of import or export duty corresponding to any customs debt and for granting release of the goods. Information received from that office.
Amendment 148 #
2012/0027(COD)
Proposal for a regulation
Article 138 - paragraph 3
Article 138 - paragraph 3
3. The customs office at which the goods are presented shall, without prejudice to its own controls for security and safety purposes, carry out any examination justifiably requested by the customs office at which the customs declaration has been is lodged or made available and shall allow release of the goods, taking into account information received from that office.
Amendment 156 #
2012/0027(COD)
Proposal for a regulation
Article 144 - paragraph 2
Article 144 - paragraph 2
2. In certain cases the obligation to lodge a supplementary declaration shall be waved. A supplementary declaration shall not be required in the following cases: (a) goods are placed under a customs warehousing procedure; (b) goods are placed under a special procedure provided that: (i) two or more authorisations for a special procedure are granted to the same person; (ii) that special procedure is discharged by the placement of the goods under the subsequent customs procedure using entry in the declarant's records. (c) the simplified declaration concerns goods the value and quantity of which is below the statistical threshold; (d) the simplified declaration already contains all the information needed for the customs procedure concerned; (e) the simplified declaration is not made by entry in the declarant's records.
Amendment 158 #
2012/0027(COD)
Proposal for a regulation
Article 145 - point d
Article 145 - point d
Amendment 159 #
2012/0027(COD)
Proposal for a regulation
Article 146 - paragraph 3 - point ca (new)
Article 146 - paragraph 3 - point ca (new)
(ca) persons who lodge a customs declaration in a country whose territory is adjacent to the customs territory of the Union, at a border customs office adjacent to this territory, subject to the condition that this country allows a reciprocal benefit to persons established in the customs territory of the Union;
Amendment 160 #
2012/0027(COD)
Proposal for a regulation
Article 146 - paragraph 4
Article 146 - paragraph 4
Amendment 168 #
2012/0027(COD)
Proposal for a regulation
Article 180 - point b
Article 180 - point b
(b) storage, which shall comprise temporary storage, customs warehousing and free zones;
Amendment 169 #
2012/0027(COD)
Proposal for a regulation
Article 181 - paragraph 1 - point b
Article 181 - paragraph 1 - point b
(b) the operation of storage facilities for the temporary storage or customs warehousing of goods, except where the storage facility operator is the customs authority itself.
Amendment 179 #
2012/0027(COD)
Proposal for a regulation
Article 199 - paragraph 3
Article 199 - paragraph 3
3. The customs authorities may, where an economic need exists and customs supervision will not be adversely affected, authorise the storage of Union goods in a storage facility for temporary storage or customs warehousing. Those goods shall not be regarded as being under the temporary storage or customs warehousing procedure.
Amendment 181 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 1 - point a
Article 200 - paragraph 1 - point a
(a) ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision;
Amendment 182 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 1 - point b
Article 200 - paragraph 1 - point b
(b) fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures;
Amendment 183 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 1 - point c
Article 200 - paragraph 1 - point c
(c) complying with the particular conditions specified in the authorisation for the operation of a customs warehouse or temporary storage facilities.
Amendment 184 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 3
Article 200 - paragraph 3
3. The holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the temporary storage or customs warehousing procedures.
Amendment 188 #
2012/0027(COD)
Proposal for a regulation
Article 218 - paragraph 5
Article 218 - paragraph 5
5. Waste and scrap resulting from destruction of goods placed under the end- use procedure shall be deemed to be placed under thein temporary storage procedure.
Amendment 196 #
2012/0027(COD)
Proposal for a regulation
Article 235 - paragraph 3 - point c
Article 235 - paragraph 3 - point c
(c) goods under thein temporary storage procedure which are directly re-exported from a temporary storage facility.
Amendment 3 #
2012/0003(COD)
Proposal for a directive
Article 1
Article 1
In Article 13(1) of Directive 2004/40/EC the date "30 April 2012" is replaced by "30 April 20143".
Amendment 15 #
2011/2293(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that volunteering contributes to fighting poverty while helping to achieve economic and social cohesion and to promote solidarity between generations by encouraging the cooperation among young and senior citizens and having a positive impact on their active participation in the social activities;
Amendment 29 #
2011/2293(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that volunteering should not be an alternative nor a substitute for paid work and, should not, in any case, constitute a reason for superseding the obligations of the social state;
Amendment 27 #
2011/2285(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that failure to apply the principle of ‘equal pay for equal work or work of equal value’ undermines the Europe 2020 employment objectives. The more active involvement of women on the employment market helps enhance the sustainability of insurance schemes, particularly in the light of demographic trends;
Amendment 52 #
2011/2285(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers it a priority to promote a new culture of shared responsibility, both in private life and at work, to replace the traditional distribution of roles between women and men, while stepping up policies designed to reconcile the workplace and home life, including infrastructures for the care of children and the elderly and parental leave;
Amendment 76 #
2011/2285(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to seek optimum coordination between Member States under the employment guidelines with a view to applying the principle of equal pay for equal work and work of equal value; calls on Member States to adopt extensive legally binding rules in order to implement this principle in practical terms the principle of equal pay for equal work and work of equal valueand, where judged necessary, step up national provisions by introducing penalties on a par with those applicable to other labour law infringements such as undeclared work;
Amendment 1 #
2011/2157(INI)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
- whereas the European Neighbourhood Policy (ENP) is essential for the stability of the neighbouring countries of the EU and contributes to the security and progress of all and while there is a shared interest in a democratic, stable prosperous and peaceful wider area around Europe,
Amendment 2 #
2011/2157(INI)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
- whereas the EU serves globally as a model of social development and can offer valuable expertise on responsible growth,
Amendment 3 #
2011/2157(INI)
Draft opinion
Citation 1 c (new)
Citation 1 c (new)
- whereas the new ENP is and must continue to be reassessed according to the progress accomplished in the neighbouring countries but also with regard issues of mutual interest and should be remodelled and conditioned accordingly as to address the evolving historical challenges and give priority to urgent situations,
Amendment 6 #
2011/2157(INI)
Draft opinion
Citation 2
Citation 2
– whereas the democratic changes in North Africa were brought about by people, mainly the young generation, living in societies with unequal wealth distribution and, high unemployment and lack of social prospects or even under the poverty line and surviving thanks to informal economy,
Amendment 51 #
2011/2157(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to promote fully independent social partners, indispensable for the establishment of social policies, through financial support, training, creation of networks and capacity-building measures;
Amendment 59 #
2011/2157(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of coordinated policies between the EU and the Member States for better results in the areas of mutual concern but equally in setting conditionality standards;
Amendment 54 #
2011/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that OHS policies, at European and national level, should be made consistent with other public policies: health, employment, industry, public procurement, environment, transport, education and energy;
Amendment 57 #
2011/2147(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls, when public contracts are awarded, for safety levels and accident prevention practices to be taken more fully into account;
Amendment 64 #
2011/2147(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the next European strategy to set more measurable goals, together with binding timetables and a periodic evaluation; hopes to see the objective of one labour inspector per 10 000 workers, as recommended by the ILO, become binding as a minimum obligation of the Member State;
Amendment 68 #
2011/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that a genuinely effective accident prevention policy has to start at the planning stage so as to ensure that the greater safety resulting from innovation will extend to both the product and the entire production process; calls on the Commission and the Member States, therefore, to support and encourage research in this field;
Amendment 69 #
2011/2147(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that further research is needed in order to determine the health effects of given occupations, including in the long term, in order – wherever possible – to avert cases in which the onset of disease occurs after the end of working life;
Amendment 78 #
2011/2147(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets the unequal application across the EU of the Framework Agreement on Work-related Stress and calls on the Commission to present a legislative proposal on work-related stress, especially since the new phenomenon of suicide cases caused by the over demanding targets of enterprises that can not be reached by employees, mainly in high ranking or managerial posts;
Amendment 95 #
2011/2147(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that there should be incentives for a more affective application of the rules on Health and Safety at work, especially with regard more vulnerable grous (women, disabled, temporary workers etc.);
Amendment 100 #
2011/2147(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the importance of cooperation between the European Agency for Health and Safety at Work and the special Committees of the European Commission, such as the the Senior Labour Inpectors Committee and the Advisory Committee for Health and Safety at Work for delivering better results and submitting proposals;
Amendment 110 #
2011/2147(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to compile and supply statistics showing the extent of the reduction in accident rates brought about by research focusing on prevention with its starting point at the planning stage;
Amendment 123 #
2011/2147(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that all workers need specific health and safety training, in particular temporary and part-time workers and those contracted out;
Amendment 137 #
2011/2147(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers corporate social responsibility to be an important and effective way of bringing about safer working conditions and a better working environment and therefore believes that it should be encouraged, possibly going beyond voluntary application;
Amendment 159 #
2011/2147(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Believes that company-level risk assessment should be carried out at regular intervals and gradually adjusted to take account of new circumstances and emerging risks;
Amendment 183 #
2011/2147(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to revise the Framework Directive 89/391/EEC in order to ensure that adequate sanctions are applied against employers in the event of blacklisting of workers who endevour to improve the health and safety at their workplace. These sanctions must be effective, proportionate and dissuasive, and in cases aggravated by a serious violation of fundamental rights must include criminal liability for those directly responsible and any legal persons by whom they are engaged;
Amendment 196 #
2011/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Believes that greater attention should be brought to bear specifically with a view to making jobs accessible to, and safe for, workers with disabilities;
Amendment 201 #
2011/2147(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for an impact assessment of the potential risks from nanotechnologies in the workplace and calls for legislative actions to ensure that nano-materials are fully covered by the Europaen OHS regulation;
Amendment 223 #
2011/2147(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to use all scientific elements and propose legislation on new potentially harmful substances and risk factors, including work organisation;
Amendment 224 #
2011/2147(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Believes that Member States can be supported in research on new risks and introducing new practices contributing in more effectively applying security rules, through the 7h Framework Programme on Research and Innovation;
Amendment 226 #
2011/2147(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Reiterates its call for recommendation 2003/670 concerning the European schedule of occupational diseases to be transformed into a directive, and calls on the inclusion of asbestos related diseases into such a directive;
Amendment 227 #
2011/2147(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Believes that research into the health and safety of the following occupations needs to be carried out immediately: - hairdressers and how the chemicals they work with effect the health of the hairdressers and of their unborn children; - working time for pilots - workers in and around airports in regards to particle pollution and how this exposure make them more at risk of getting certain diseases such as cancer - baggage handlers in airports in regards to how heavy lifting effects their health - bus drivers performing mobile road transport activities on routes shorter than 50 km since these bus drivers are exempt from the rules in Regulation (EC) No 561/2006 and to what extent this effects the road safety and the health and safety of the bus drivers;
Amendment 228 #
2011/2147(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Calls on the Commission, if new studies or science prove that certain occupations have high health and safety risks, to immediately take the appropriate measures to protect the safety and health of the workers;
Amendment 229 #
2011/2147(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Considers that rehabilitation and reinstatement after illness or an accident are essential and should therefore be encouraged;
Amendment 230 #
2011/2147(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Is alarmed at the persistent number of cancers associated with the exercise of an occupation ; regrets that a large number of workers are still exposed to the dangers of asbestos , reiterates its call for an Commission initiative on asbestos including organising a hearing on how to tackle the huge OHS problems related to existing asbestos in buildings and other constructions such as ships, trains and machinery; also calls on Member States to draw up national action plans on phasing out asbestos, including obligations to map asbestos in buildings and provide for the safe removal of asbestos;
Amendment 243 #
2011/2147(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Reiterates its call upon the Commission to avoid compromising the level of protection achieved in the European OHS directives when examining the possibilities to simplify the legislation;
Amendment 2 #
2011/2107(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the Common Strategic Framework to promote coordination between research and innovation programmes and the cohesion funds, without depriving the latter of resources;
Amendment 3 #
2011/2107(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. CIs of the opinion that, on research and innovation, the European Union is falling behind larger economies like the USA and Japan, as well as huge emerging ones like China; therefore it is encouraging that the Commission is proposing a Common Strategic Framework which should ensure that EU funds on research and innovation are utilised in an effective manner; considers that a more integrated approach is needed to further develop education, research and innovation and to achieve the objective of investing 3% of GDP in research and development; calls for the Common Strategic Framework to promote coordination between research and innovation programmes and the cohesion funds, though not to the detriment of the resources allocated to the funds;
Amendment 4 #
2011/2107(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1α. Regards synergies between national administrations (at all levels), universities and research institutes, companies and SMEs and civil society as essential to the successful alignment of research and society’s needs;
Amendment 5 #
2011/2107(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is convinced that investments in research, innovation and education are key elements towards achieving a highly competitive social market economy in Europe; endorses the fact that the re- launch of the single market should open new horizons in the research and innovation sector with an emphasis on knowledge and technology, which constitute a driving force for the future economic development of a competitive service-based society;
Amendment 6 #
2011/2107(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines the role which standardisation might play in the promotion of research and innovation by contributing to competitiveness and offering consumers greater security; therefore calls for the importance given to standardisation to be one of the project assessment criteria;
Amendment 11 #
2011/2107(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for the Common Strategic Framework to proceed to an administrative simplification through the development of a more standardised set of rules covering all participants in EU research and innovation programmes; agrees with the Commission that European standards are an important step towards bringing research results to the market and for the validation of technologies and that they can play this key role only if they keep pace with the development of technologies and ever faster product development cycles;
Amendment 12 #
2011/2107(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that, in order to ensure European competitiveness at global level, urgent improvements are needed in order to resolve outstanding issues such as intellectual property rights and in particular the community patent, European standardisation, public procurement and access to private finance, amongst others;
Amendment 15 #
2011/2107(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of promoting the establishment of public-private partnerships; calls for JTIs to be simplified in order to avoid channelling a large amount of financial resources into just a few projects, and calls for the state aid rules to be simplified by means of mechanisms such as ‘consent by silence’ and block exemptionwith complete transparency and by means of effective, unbureaucratic monitoring procedures, so that innovation is not hampered by lengthy processes;
Amendment 17 #
2011/2107(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3α. Considers it essential that the rules on public procurement be revised so that they will promote innovative action and SMEs; notes in this context the role that pre- commercial procurement can play in reinforcing innovation;
Amendment 18 #
2011/2107(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for unleashing the public sector’s purchasing power to spur innovation through public procurement including pre-commercial procurement that can enable public authorities to share the risks and benefits with suppliers, without involving state aid;
Amendment 20 #
2011/2107(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that financing under the common strategic framework contributes to the development of a ‘value-added Europe’ and calls for innovative financing instruments such as eurobonds to be used for carrying out research projects or innovative projects which will have a positive impact on the real economy, stimulating competitiveness, growth and employment but also economic, social and regional cohesion;
Amendment 21 #
2011/2107(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines the need for the intellectual property rights to guarantee a balance between exploitation and technology transfer and access to and rapid dissemination of scientific results;
Amendment 22 #
2011/2107(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Is convinced that public spending allocated to research must be subject to qualitative assessment as part of the calculation of public expenditure when the mid-term budgetary objectives are evaluated;
Amendment 26 #
2011/2107(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that the Commission should allocate part of the research budget to SMEs run by young people and businesswomen, rewarding the establishment of networks or clusters, and that the Member States must ensure that information reaches SMEs by all means possible;
Amendment 28 #
2011/2107(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates that there are still many SMEs which carry out minimal or no research activities, therefore is of the opinion that the European Commission and Member States should recognise the importance of SMEs in boosting innovation in Europe by further simplifying research and innovation programmes, developing more standardised rules and procedures and making research programmes more accessible for all types of small and micro businesses in EU; Takes the view that the Commission should allocate part of the research budget to SMEs run by young people and businesswomen, rewarding the establishment of networks or clusters;
Amendment 29 #
2011/2107(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for new methods of financing to be tested, such as vouchers for EU innovation, which would allow businesses to spend those resources directly at accredited research centres; such vouchers should not be subject to cost reporting because their use would be certified by the centres where the vouchers are spent. The accreditation centres could be set up on a national or regional basis and validated by a European body such as, for example, the JRC;
Amendment 10 #
2011/2089(INI)
Draft opinion
Recital C
Recital C
C. whereas, according to the Flash Eurobarometer on 'Consumer attitudes towards cross-border trade and consumer protection' of March 2011, 79 % of European consumers state that they would be more willing to defend their rights in court if they could join a collective action,
Amendment 18 #
2011/2089(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
E a. Whereas sixteen Member States have so far introduced collective redress mechanisms in their legal system, with wide differences in terms of scope, procedural characteristics (legal standing, categories of victims, type of procedure (opt-in/opt-out), financing or role played by alternative dispute resolution mechanisms in parallel to judicial redress) and effectiveness, creating a true legal patchwork at EU level,
Amendment 41 #
2011/2089(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that, according to a study carried out for DG SANCO by Civil Consulting in 2008 ('Evaluation of the effectiveness and efficiency of collective redress mechanisms in the EU'), none of the existing collective redress mechanisms within the EU have generated disproportionate economic consequences on the businesses concerned;
Amendment 49 #
2011/2089(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls therefore on the Commission to submit a legislative initiativeproposals establishing a set of common principles for a collective redress mechanism applicable to both national and cross-border cases, while taking due account ofEU-wide coherent collective redress mechanisms in the fields of consumer protection and competition, applicable to both national and cross-border cases, on the basis of a set of common principles inspired by the EU legal tradition and the legal orders of the 27 Member States;
Amendment 62 #
2011/2089(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that the Commission's current work on collective redress could be also extended to other areas such as breaches of data protection, financial services, environmental damage, breaches of employment rights or cases of discrimination;
Amendment 63 #
2011/2089(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises that early settlement of disputes should be encouraged where possible, and court litigation should be viewed as the last resort; stresses that mechanisms of alternative dispute resolution (ADR) may provide parties with a faster and cheaper solution and play a complementary role to judicial redress; notes, however, that there are currently significant – sector-specific and geographical − gaps in the existing ADR systems in the EU;
Amendment 66 #
2011/2089(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes that ADR mechanisms often depend on the trader's willingness to cooperate, while most ADR bodies do not have the capacity to provide proceedings for mass claims; stresses that, as affirmed in its resolution of 20 May 2010 on delivering a single market to consumers and citizens, the availability of an effective judicial redress system would act as a strong incentive for parties to agree out-of-court, which is likely to solve a considerable number of cases thereby avoiding litigation;
Amendment 69 #
2011/2089(INI)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9 d. Recognises the need to avoid certain abuses or fraudulent use of collective redress mechanisms which have occurred in non-European countries, in particular the US with its "class actions" system; stresses, however, that such fears of abusive or excessive litigation are not supported by the evidence from those EU Member States where judicial collective redress mechanisms are already in place;
Amendment 78 #
2011/2089(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses that, in order to ensure the efficiency of the system and to avoid potential abuses, the EU approach to collective redress should only include representative action by entities duly recognised at national level (public authorities, such as the Ombudsmen or consumer organisations); calls on the Commission to define a common set of criteria that consumer organisations must fulfil in order to be able to stand in court to avoid forum-shopping; stresses that national competent authorities should be responsible for checking that consumer organisations comply with such criteria;
Amendment 85 #
2011/2089(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recognises that an important element in a collective redress system is the choice between an opt-in or opt-out procedure; is aware that consumer organisations consider opt-in systems to be burdensome and cost-intensive due to the entailed preparatory work such as identifying consumers, establishing the facts of each case, as well as running the case and communicating with each plaintiff, while they may also pose difficulties in obtaining a sufficiently high number of consumers opting-in due to uncertainty about the effectiveness of the procedure or lack of information;
Amendment 86 #
2011/2089(INI)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Points out that in an opt-in procedure those difficulties could be solved by the court allowing consumers to join a collective action after the judgement in a test case has been delivered and by giving the judgement effect for all victims;
Amendment 87 #
2011/2089(INI)
Draft opinion
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Emphasises also that opt-out solutions can mitigate many of those difficulties, although they are viewed negatively by some stakeholders due to the perceived risk of encouraging the excessive litigation experienced in some non-European jurisdictions; notes that in those Member States where opt-out systems are in place, collective actions have proved to be more effective and allow a higher participation of consumers without resulting in excessive litigation; calls on the Commission to ensure that the introduction of such mechanism would prohibit the non-voluntary participation of victims in the collective action, and would be without prejudice to the individual right of access to justice;
Amendment 88 #
2011/2089(INI)
Draft opinion
Paragraph 13 d (new)
Paragraph 13 d (new)
Amendment 97 #
2011/2089(INI)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recognises the importance of the "loser pays" principle as a means to prevent possible abuses in an EU-wide collective redress mechanism; stresses that the necessary safeguards to prohibit unmeritorious claims, such as the representation of the claimants through legitimated entities acting in the public interest, or the principle of proportionality with regard to the compensation of the victims, are guarantees that could justify an adequate adjustment of this principle by means of allowing the judge to reduce at his discretion the court fees paid by the losing party;
Amendment 99 #
2011/2089(INI)
Draft opinion
Paragraph 16
Paragraph 16
16. Emphasises that the provision of information about collective actions plays a major role in the accessibility and the effectiveness of the procedure as consumers need to be aware that they have been the victims of the same illegal practice and that there is a collective action launched, including in another Member State; calls on Member States to put in place efficient mechanisms ensuring that a maximum of victims are informed and made aware of their rights and obligations, in particular when those are domiciled in several Member States;
Amendment 103 #
2011/2089(INI)
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Suggests that, in order to facilitate cooperation between the entities qualified to take collective actions, especially in cross-border cases, an EU-wide on-line register of launched and ongoing cases should be established; stresses that such a single European window would serve as a useful instrument to qualified entities planning to seek judicial collective redress for identifying if a similar action is being launched in another Member State; stresses the importance of exchanging best practices and applying the best available technologies to facilitate exchange of information, filing and grouping of cases;
Amendment 111 #
2011/2089(INI)
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Commission to thoroughly consider the possibility of creating a European fund financed by a share of the fines imposed to sanction companies infringing EU competition law; proposes that such fund could be used to cover the costs of cross-border collective actions having a European dimension, provided that the representative entity proves that the funds will be used for that purpose; calls on the Member States to consider instituting similar funds at national level using revenues from the fines imposed by their public authorities; stresses that such an option would provide additional resources to fight against fraudulent behaviour, but it would be also a fair way to finance consumer collective redress since part of the fines would indirectly be returned to the victims;
Amendment 19 #
2011/2083(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the mission and image of customs should be redefined and given additional stimulus to reflect customs realitieadapted to the Modernised Customs Code requirements in order to be given additional stimulus and be able to reach the full potential of its effectiveness; considers that allocation of appropriate financial resources for customs-related procedures and processes, in particular the development of electronic systems, is essential in achieving this aim; calls on the Commission to revamp its strategy on customs;
Amendment 34 #
2011/2083(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that customs controls should primarily target high-risk consignments, whereas low-risk consignments should be speedily released for free circulation; emphasises in that regard the crucial role of risk management techniques and strongly supports the introduction and further modernisation of electronic customs clearance systems; considers that effective risk management is dependent upon timely collection of high-quality information and its proper assessmentnecessary and complete information and its effective assessment throughout the electronic processing ensuring safety and public security;
Amendment 51 #
2011/2083(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises that the postponement of the application of the MCC is appropriate; suggests, however, that the Commission explore possibilities of introducing gradual application of certain proviscalls on the Commission, in cooperation with the Members States and taking into account the difficulties experienced with regard mainly to the development of electronic systems, to explore through a comprehensive evaluation the momentum for the uniform implementations of the MCC as soon as feasiblethough directly linked to safety guarantees;
Amendment 52 #
2011/2083(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Strongly supports the concept of centralised clearance depending utterly on the appropriate electronic systems, which is one of the principal aspects of modernised customs as conceived in the MCC, and regrets the lack of progress in the implementation of this concept; reminds the central role the customs should hold in the centralised clearance procedure;
Amendment 56 #
2011/2083(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to fully commit themselves to this concept, as only truly harmonised customs rules, information exchange systems and data formats can ensure the successful implementation of the centralised clearance concept; is concerned about slow developments in the process of simplification of VAT rules, which is crucial for a truly centralised clearance system; having in mind the security to be ensured and the facilitation of trade, asks the Member States to make every effort to find a solution;
Amendment 63 #
2011/2083(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to consider additional benefits that could be granted to traders holding AEO certificates reminding nevertheless all the necessary prerequisites for the acquisition of this status as stated in Article 14 of the MCC, namely compliance with customs and tax requirements, satisfactory system of managing commercial and where appropriate, transport records which allows appropriate customs controls, proven financial solvency, practical standards of competence or professional qualifications directly related to the activity carried out and safety and security standards;
Amendment 98 #
2011/2083(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that customs clearance has to be streamlined by involving all the relevant authorities as early in the process as possible; therefore strongly supports coordinated border management and the single window principle under the customs responsibility with the necessary legislative measures;
Amendment 107 #
2011/2083(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission and the Member States to explore possibilities of establishing a European Customs Agency, exclusively dealing with customs issuesbetter collaboration with authorities that could be implicated in customs issues, such as FRONTEX, in order to improve the functioning of the Customs Union; calls on the Commission to address this issue when considering the follow-up to the Customs 2013 programme;
Amendment 22 #
2011/2052(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the most vulnerable groups have been those most severely affected by the crisis and the associated austerity measures, and the gap between rich and poor is getting ever wider as the crisis continues,
Amendment 69 #
2011/2052(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment FF #
2011/2052(INI)
Motion for a resolution
Recital F
Recital F
F. whereas employmentgrowth and employment, even in a decent job, alone isare not sufficient to lift people out of poverty, and whereas the problem of the working poor has gained increasing recognition in recent years, and whereas the segmentation of the labour market has increased, working and living conditions have very much worsened, particularly during the financial crisis, and work has become much less secure – a trend which must be combated; whereas the problem of the working poor has gained increasing recognition in recent years but is not yet being addressed to an extent commensurate with the challenges it represents for our societies; whereas the number of the working poor has grown considerably in recent years, with 8% of the working population suffering in-work poverty and where 22% of those at risk of poverty are in work1; whereas the fact of people having access to decent, egalitarian working conditions constitutes an advance in terms of reducing poverty and social exclusion among families and people living alone, __________________ 1 EUROSTAT (2009), SPC Report: SPC Assessment of the social dimension of the Europe 2020 Strategy (10 Feb. 2011)
Amendment II #
2011/2052(INI)
Motion for a resolution
Recital H
Recital H
H. whereas social protection, including minimum income systems, is a basic element of modern democracies that substantially guarantees the human right to social, economical, political and cultural participation in society and plays a key role in stabilising the economy by limiting the impact of crises and in redistributing resources at every stage of life, while also affording protection against social risks and preventing povertyand alleviating poverty and social exclusion, throughout the life cycle,
Amendment 76 #
2011/2052(INI)
Motion for a resolution
Recital F
Recital F
F. whereas employment alone is not sufficient to lift people out of poverty, and whereas poor people’s working and living conditions have very much worsened , particularly during the financial crisis, work has become much less secure, and the problem of the working poor has gained increasing recognition in recent years,
Amendment P #
2011/2052(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges the need to assess the impact of EU funds in terms of achieving the poverty reduction target, even where this is not their primary objective, where possible, the effectiveness, impact, coordination and value for money of EU funds, especially of the European Social Fund (ESF) in terms of achieving the poverty reduction target, even where this is not their primary objective, reducing the economic discrepancies, prosperity imbalances and differences in living standard levels across EU Member States and regions, and therefore promoting economic and social cohesion; maintains that priority must be given to projects that combine employment targets and strategies with integrated active inclusion approaches, such as projects designed to strengthen intergenerational solidarity at regional and local level or which specifically contribute to realising gender equality and the active inclusion of vulnerable groups; stresses the importance of effective action for solidarity, including reinforcement, anticipation of transfer and reduction of cofinancing in respect of budgetary funding for creating decent jobs, supporting productive sectors and fighting poverty and social exclusion, rather than creating new forms of dependence; stresses the importance of supporting the combat of poverty and social exclusion, and access to quality employment and non discrimination, ensuring adequate income and promoting access to quality services;
Amendment W #
2011/2052(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Wishes the Commission to initiate a framework directive on minimum incomelaunch, in full compliance with the principle of subsidiarity, a consultation on the possibility of a legislative initiative on a sensible minimum income that will allow economic development, designed to prevent poverty and serve as a basis for people to live in dignity, play their full part in society and make headway with finding employment or identifying training opportunities and playing an automatic stabilising role for the economy, with due regard for differing practices, collective labour agreements and legislation in the various Member States, the definition of a minimum income being the prerogative of the Member State; wishes the Commission to help Member States share best practice on minimum income levels and encourages Member States to develop minimum income schemes based on an average of 60% of the median income in each Member State;
Amendment Z #
2011/2052(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the most vulnerable groups have been those most severely affected by the crisis and the associated austerity measures, 116 million people in the European Union are at risk of poverty and 42 million (i.e. 8%) live ‘in conditions of severe material deprivation and can not afford a number of necessities considered essential in order to live a decent life in Europe’1; whereas poverty is the unacceptable reflection of an uneven distribution of wealth, income and resources in a prosperous European economy; whereas the most vulnerable groups, such as the elderly and disabled people, have been those most severely affected by the financial, economic and social crisis and the austerity measures currently being taken in the EU in the context of the ‘Euro Plus Pact’ and the ‘governance package’, which could worsen the situation for these groups and put at risk of unemployment, economic insecurity or poverty millions of people who were still managing to live on, and meet their basic needs from, their wages or retirement pension, notably as a result of cuts in public service and social assistance budgets; whereas applying tougher conditions and penalties in social activation policies in response to the crisis aggravates the difficulties faced by the most vulnerable people at a time when few decent jobs are on offer; whereas the gap between rich and poor is getting ever wider as the crisis continues; __________________ 1 European Platform against Poverty and Social Exclusion (COM(2010)758 final).
Amendment 92 #
2011/2052(INI)
Motion for a resolution
Recital H
Recital H
H. whereas social protection, including minimum income systems, ensures social, economic, political and cultural participation and plays a key role in stabilising the economy by limiting the impact of crises and in redistributing resources at every stage of life, while also affording protection against social risks and preventing poverty,
Amendment 275 #
2011/2052(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges the need to assess the impact of EU funds in terms of achieving the poverty reduction and social integration target, even where this is not their primary objective; maintains that priority must be given to projects that combine employment targets and strategies with active inclusion;
Amendment 376 #
2011/2052(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Wishes the Commission to initiate a framework directive on minimum income, designed to prevent poverty and serve as a basis for people to live in dignity, play their full part in society and make headway with finding employment or identifying training opportunities, with due regard for differing practices, collective labour agreements and legislation in the various Member States;
Amendment 242 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2. This may include:
Amendment 243 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2 - point a (new)
Article 40 – paragraph 1 – subparagraph 2 - point a (new)
(a) Social criteria such as the respect of decent working conditions, health and safety regulation including the protection of workers who endeavour to improve the health and safety at their workplace, collective bargaining, gender balance (e.g. equal pay, work-life balance), social inclusion, including employment opportunities for disabled, disadvantaged or vulnerable workers (such as long-term unemployed persons, Roma, migrants or younger and older workers), access to on- site vocational training, users involvement and consultation, affordability, human rights and ethical trade.
Amendment 244 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2a (new)
Article 40 – paragraph 1 – subparagraph 2a (new)
Obligations relating to social and employment conditions, such as health and safety at workplace including the protection of workers who endeavour to improve the health and safety at their workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed, shall be clearly set out by contracting authorities in the technical specifications as part of the absolute requirements for the tendering of the contract.
Amendment 267 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities mayshall decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. environmental law or with obligations relating to social and employment conditions, such as health and safety at workplace, including the protection of workers who endeavour to improve the health and safety at their workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed, including in the subcontracting chain.
Amendment 270 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Any economic operator shall be excluded from participation in a contract where the contracting authority is aware of a decision having the force of res judicata establishing that it has not fulfilled obligations relating to the payment of taxes or, social security contributions in accordance with the legal provisions of theor any other obligation relating to social and employment conditions, such as health and safety at workplace including the protection of workers who endeavour to improve the health and safety at their workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and country in which it is established or with those of the Member State of the contractacts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations shall also apply in cross- border situations, where workers from one Member State provide services ing authority.nother Member State
Amendment 327 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIenvironmental law or with obligations relating to social and employment conditions, such as health and safety at workplace including workers who endeavour to improve the health and safety at their workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations shall also apply in cross-border situations, where workers from one Member State provide services in another Member State, or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 336 #
2011/0438(COD)
Proposal for a directive
Article 70
Article 70
Article 70 Article 70 Conditions for performance of contracts Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerationsshall include obligations relating to social and employment conditions, such as health and safety at workplace including workers who endeavour to improve the heath and safety at their workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations shall also apply in cross-border situations, where workers from one Member State provide services in another Member State. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
Amendment 66 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 6
Article 4a – paragraph 6
6. The Commission shall adopt implementing acts specifying European Professional Cards for specific professions, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 58. The Commission shall consult the national and European social partners regarding the precise technicalities of each sector-specific professional card and shall also conduct pilot projects taking into account the particularities of each profession concerned before introducing the professional cards.
Amendment 94 #
2011/0435(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In order to promote the free movement of professionals, while ensuring a more efficient and transparent recognition of qualifications it is necessary, mainly for professions falling under the automatic recognition procedure, to provide for a European Professional Card, where these professions so request. In particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system, as well as to promote a simplified recognition process under the general system. The card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities. The functioning of the card should be supported by the Internal Market Information System (IMI) established by Regulation (EU) No […] on administrative cooperation through the Internal Market Information System23. This mechanism should help enhance synergies and trust among competent authorities, while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals. The process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant. The card and the related workflow within IMI should ensure the integrity, authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein.
Amendment 106 #
2011/0435(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, athose host Member State shoulds that authorise it may under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or other health professionals or in the case of professions with a particular geographical character, a Member State should be able to refuse partial access.
Amendment 120 #
2011/0435(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In the absence of harmonisation of the minimum training conditions for access to the professions governed by the general system, it should remain possible for the host Member State to impose a compensation measure. This measure should be proportionate and, in particular, take account of the knowledge, skills and competences gained by the applicant in the course of his professional experience or through lifelong learning certified by the competent authorities. The decision imposing a compensatory measure should be justified in detail in order to enable the applicant to better understand his situation and to seek legal scrutiny before national courts under Directive 2005/36/EC.
Amendment 142 #
2011/0435(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 170 #
2011/0435(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The advisory procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules regarding the specification of European Professional Cards for specific professions that so request, the format of the European Professional Card, the translations necessary to support an application for issuing a European Professional Card, details for the assessment of the applications for a European Professional Card, the technical specifications and the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for making available a European Professional Card, the conditions of access to the IMI file, the technical means and the procedures for the verification of the authenticity and validity of a European Professional Card and the implementation of the alert mechanism, due to the technical nature of those implementing acts.
Amendment 184 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships pursued in another Member Statein Member States that authorise it to certain regulated professions for reasons of health, public safety and geographical specificity.
Amendment 190 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – Paragraph 1
Article 2 – Paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeship in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.
Amendment 194 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – Paragraph 2 (new)
Article 2 – Paragraph 2 (new)
2. Each Member State may authorize, in accordance with its regulations, the pursuit of a regulated profession on its territory, within the meaning of Article 3, paragraph 1 (a), by nationals of Member States who hold professional qualifications not obtained in a Member State. For the professions covered by Title III, Chapter III, this initial recognition must take place within the framework of the minimum training conditions laid down in the Chapter in question.
Amendment 196 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Directive 2005/36/EC
Article 2 – Paragraph 3a (new)
Article 2 – Paragraph 3a (new)
1 a. 3a (new) The specificity of the geographical nature of some professions should be taken into account where possible in implementing this Directive.
Amendment 197 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – Paragraph 1 – point i
Article 3 – Paragraph 1 – point i
Amendment 238 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – Paragraph 6
Article 4a – Paragraph 6
6. The Commission shall adopt implementing acts specifying European Professional Cards for specific, mainly for professions falling under the automatic recognition procedure, where these professions so request, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 58.
Amendment 330 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/ΕΚ
Article 4 f – Paragraph 1
Article 4 f – Paragraph 1
1. TWhere the competent authority of the host Member State shall grants partial access to a professional activity in its territory provided that, the following conditions armust be fulfilled:
Amendment 404 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
2005/36/ΕΚ
Article 4 a – Paragraph 6
Article 4 a – Paragraph 6
Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to public health or safety, and that it cannot be compensated by professional experience or lifelong learning of the service provider certified by competent bodies, the host Member State shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has acquired the lacking knowledge or competence. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the third subparagraph.
Amendment 412 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2005/36/EC
Article 11 – point d
Article 11 – point d
(d) a diploma certifying successful completion of training at post-secondary level of at least three and not more than four years' duration, or of an equivalent duration on a part-time basis, orwhich, if applicable in the home Member State, corresponds tof an equivalent number of European Credit Transfer and Accumulation System (ECTS) credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post- secondary course;
Amendment 414 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2005/36/EC
Article 11 – point e
Article 11 – point e
(e) diploma certifying that the holder has successfully completed a post-secondary course of more than four years' duration, or of an equivalent duration on a part-time basis, orwhich, if applicable in the home Member State, corresponds tof an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course.
Amendment 418 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 2
Article 13 – paragraph 2
Access to and pursuit of the profession referred to in paragraph 1 shall also be granted to applicants possessing an attestation of competence or evidence of formal qualifications referredwho have pursued the profession referred to in that paragraph on a full-time basis for two in Article 11 issued byyears during the previous 10 years, in another Member State which does not regulate that profession, providing they possess one or more attestations of competence or documents providing evidence of formal qualifications.
Amendment 428 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2005/36/EC
Article 14 – paragraph 2 –subparagraph 3
Article 14 – paragraph 2 –subparagraph 3
Where the Commission, after receiving all the necessary information, considers that the derogation referred to in the second subparagraph is inappropriate or that it is not in accordance with Union law, it shall adopt an implementing decision, within six months of receiving all necessary information, to ask the relevant Member Staterequest the home Member State within three months to refrain from taking the envisaged measure. In the absence of a response from the Commission withinat the expiry of that deadline, the derogation may be applied.
Amendment 437 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2005/36/EC
Article 14 – Paragraph 6 – point e
Article 14 – Paragraph 6 – point e
(e) explain why these substantial differences cannot be compensated by the applicants knowledge, skills and competences gained in the course of his professional experience and through lifelong learning certified by competent authorities.
Amendment 621 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
Amendment 672 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – Paragraph 1
Article 57 – Paragraph 1
1. Member States shall ensure that the following information is available online and regularly updated through the points of single contact, which must have specialised support staff to provide advice to citizens, including advice provided in person:
Amendment 679 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43 (new)
Article 1 – paragraph 1 – point 43 (new)
Directive 2005/36/EC
Article 57 a – paragraph 3 a (new)
Article 57 a – paragraph 3 a (new)
3a. The authorities responsible for the recognition of qualifications may request the originals of the qualifications in question.
Amendment 687 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57 a – paragraph 4
Article 57 a – paragraph 4
4. All procedures shall be carried out in accordance with the provisions of Directive 2006/123/EC relating to the points of single contact. Any time limits for Member States to be complied with procedures or formalities set out in this Directive shall commence at the point when an completed application has been submitted by a citizen to the competent authorities at a point of single contact.
Amendment 704 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Directive 2005/36/EC
Article 58 – paragraph 1
Article 58 – paragraph 1
1. The Commission shall be assisted by a Committee on the recognition of professional qualifications in which both national and European experts are represented. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 40 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) creating conditions for well managed mobility of people and promotion of people-to-people contacts, in particular controlled circular mobility promoting the matching of employers' demand for skills and job opportunities with the skills available in a specific region, ensuring the principle of equal treatment, promotion of people-to-people contacts and actively promoting the opportunities for returning migrants to find jobs and self-employment;
Amendment 221 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii
Article 3 – paragraph 1 – point b – point iii
(iii) Enhancing access to lifelong learning, upgrading the skills and competences of the workforce and increasing the labour market relevance of education and training systems, as well as formulas for the transition between education, professional training and the access to employment;
Amendment 30 #
2011/0187(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) A Single Market for telecommunications cannot be said to exist while significant price differences exist between domestic and roaming prices; therefore the ultimate aim of this Regulation should be to eliminate roaming charges altogether, thus establishing a pan-EU mobile communications market.
Amendment 33 #
2011/0187(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Higher domestic tariffs on calls, SMS and data's (including those bound for other countries than the domestic country) comparing to roaming tariffs are not beneficial to the consumer and create a market distortion; from 2012, domestic tariffs should hence not exceed the retail price caps defined for the roaming tariffs.
Amendment 41 #
2011/0187(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Protecting the principles of the neutrality and openness of the Internet and the end users’ ability to access and distribute information and run applications and services of their choice should become even more important as the Digital Single Market is created in particular through roaming.
Amendment 42 #
2011/0187(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to allow for the development of a more efficient and competitive market for roaming services, there should be no restrictions that prevent undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. However, at present there are obstacles to the access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings. The removal of these obstacles would facilitate the development of alternative and innovative roaming services and offers for customers, in particular from virtual network operators. It would also facilitate the development of pan-European services.
Amendment 61 #
2011/0187(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff, subject only to the possibility to apply a minimum initial charging period of no more than 30 seconds for calls made. This will enable operators to cover any reasonable set-up costs and to provide flexibility to compete by offering shorter minimum charging periods. However, n. No minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set- up costs are already covered by mobile termination rates.
Amendment 65 #
2011/0187(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) Operators should take the appropriate measures to ensure that cross-border consumers do not face problems due to their cross-border location, such as roaming charges while they are still in their home country.
Amendment 73 #
2011/0187(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) To ensure that all users of mobile voice telephony may benefit from the provisions of this Regulation, the transitory retail pricing requirements should apply regardless of whether roaming customers have a pre-paid or a post-paid contract with their home provider, and regardless of whether the home provider has its own network, is a mobile virtual network operator or is a reseller of mobile voice telephony services.
Amendment 78 #
2011/0187(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. Home providers should provide information on roaming charges by appropriate means such as invoices, the internet, TV advertisements or direct mail. All information and offers should be clear, understandable, comparable and transparent with regard to prices and service characteristics. Advertising of roaming offers and marketing to consumers should fully comply with consumer protection legislation, in particular with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’)1. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the Eurotariff and the right to switch to and from it. _____________ 1 OJ L 149, 11.6.2005, p. 22
Amendment 80 #
2011/0187(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) Moreover, measures should be introduced to improve the transparency of retail prices for dataall roaming services, in particular to eliminate the problem of ‘bill shock’ which constitutes a barrier to the smooth functioning of the internal market, and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services. Equally, there should be no obstacles to the emergence of applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi. Consumers should be provided with this information, thereby allowing them to make an informed choice.
Amendment 95 #
2011/0187(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation introduces a common approach to ensuringbring about a truly single market in mobile communications. The first step is to put in place an transitional period to ensure that users of public mobile communications networks when travelling within the Union do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, when making calls and receiving calls, when sending and receiving SMS messages and when using packet switched data communication services, thereby contributing to the smooth functioning of the internal market while achieving a high level of consumer protection, fostering competition and transparency in the market and offering both incentives for innovation and consumer choice. The second step is to put in place the necessary measures which would enable the abolition of the concept of roaming within the whole Union, ensuring identical prices throughout the Union.
Amendment 98 #
2011/0187(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
It lays down rules to guarantee the separate sale of roaming services from domestic mobile communications services and the conditions for wholesale access to public mobile telephone networks for the purpose of provision of roaming services. It also lays down transitory rules on the charges that may be levied by mobile operators for the provision of Union-wide roaming services for voice calls and SMS messages originating and terminating within the Union and for packet switched data communication services used by roaming customers while roaming on a mobile communications network in another Member State. It applies both to charges levied between network operators at wholesale level and to charges levied by home providers at retail level.
Amendment 104 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ‘home provider’ means an undertaking that provides a customer with Union-wide roaming services either via its own network or as a mobile virtual network operator or reseller;
Amendment 110 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
Amendment 112 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point n
Article 2 – paragraph 2 – point n
(n) ‘wholesale roaming access’ means the making available of facilities and/or services to another undertaking, on a non- discriminatory basis, under defined conditions, for the purpose of providing roaming services to retail customers;
Amendment 113 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 116 #
2011/0187(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.
Amendment 120 #
2011/0187(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 140 #
2011/0187(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2016, the retail price caps as laid down in Article 7, Article 9 and Article 12 shall have effect.
Amendment 146 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
In order to ensure the development of the singletemporary single roaming market, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union. and meet the following criteria: (a) any technical solution must be cost- effective; (b) it shall be designed in a customer- friendly way; (c) it shall allow for a maximum degree of interoperability; (d) it shall ensure that the concept of net neutrality is respected for all data use, in particular access to VOIP and other similar services; (e) customers shall be able to easily and quickly switch to an alternative roaming provider or between alternative roaming providers while retaining their mobile number; (f) roaming by Union citizens in third countries shall not be impeded.
Amendment 152 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,140 per minute as of 1 July 2012.
Amendment 161 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,107 and EUR 0,064, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,064 for the duration of this Regulation.
Amendment 167 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the Union by the relevant operator over the relevant period, aggregated on a per second basis adjusted to take account of the possibility for the operator of the visited network to apply an initial minimum charging period not exceeding 30 seconds.
Amendment 169 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,1104 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2815 and EUR 0,2410 on 1 July 2013 and on 1 Julanuary 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013. Without prejudice to Articles 13 and 19 tThese regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 183 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Any roaming customer may request to switch to or from a Eurotariff. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription, save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service (namely, voice, SMS and/or data) wishes to switch to a Eurotariff, the home provider may require the switching customer to forego the benefits of the other elements of that package. A home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period.
Amendment 190 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10. Without prejudice to Articles 13 and 19, t07. The price ceiling shall decrease to 0,06 on 1 July 2013 and to 0,05 on 1 January 2014. The regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 200 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Any roaming customer may request to switch to or from a Euro-SMS tariff at any time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period. A Euro-SMS tariff may always be combined with a Eurotariff.
Amendment 214 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,950 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,520, per megabyte used on 1 July 2013 and on 1 Julanuary 2014 respectively. Without prejudice to Articles 13 and 19, tThe regulated maximum retail charge shall remain at EUR 0,520, per megabyte used until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 226 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Any roaming customer may request to switch to or from a Euro-data tariff respecting their contractual conditions at any point in time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period. A Euro-data tariff may always be combined with a Euro-SMS tariff and a Eurotariff.
Amendment 229 #
2011/0187(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 235 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer is at least 18 years old and has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member Statecountry other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT and in the currency of his home bill) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member Statecountry.
Amendment 239 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Article 14 – paragraph 1 – subparagraph 2 – introductory part
This basic personalised pricing information shall include the maximumactual charges (including VAT and in the currency of his home bill) the customer may be subject to under his tariff scheme for:
Amendment 243 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member Statecountry.
Amendment 248 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4
Article 14 – paragraph 1 – subparagraph 4
On the occasion of each message, a customer who is at least 18 shall have the opportunity to give notice to home provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 252 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
Amendment 257 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, both inside and outside the Union, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers.
Amendment 261 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 266 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the chargesactual charges (including VAT and in the currency of his home bill) applicable to the provision of regulated data roaming services to that roaming customer in the Member Statecountry concerned, except where the customer who is at least 18 years old has notified his home provider that he does not require this information. Since the bill is charged per Megabyte, the automatic message shall also give a clear example of what a Megabyte of data accounts for.
Amendment 274 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member Statecountry other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member Statecountry. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 279 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer who is at least 18 years old is informed in advance of the corresponding volume amounts. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT). For customers younger than 18 years the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT).
Amendment 281 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
Alternatively, the home provider may establish limits expressed in volume, provided that the customer who is at least 18 years old is informed in advance of the corresponding financial amounts. One of these limits (the default volume limit) shall have a corresponding financial amount not exceeding EUR 50 of outstanding charges per monthly billing period (excluding VAT). For customers younger than 18 years old the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT).
Amendment 284 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6
Article 15 – paragraph 3 – subparagraph 6
Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 50% and 80 % of the agreed financial or volume limit. Customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 290 #
2011/0187(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Price comparison Any price information about retail voice, SMS and data roaming services to customers shall include VAT. The Commission shall investigate transparency and comparability of different tariffs proposed by operators to their customers, and report back to the European Parliament and the Council on further measures necessary to ensure that consumers can easily compare these tariffs, and thus make it easier to take a decision to switch from one operator to another.
Amendment 291 #
2011/0187(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Those penalties shall include an obligation of providers to provide a compensation to subscribers when they delay or hinder a subscriber's switch to an alternative roaming provider. Member States shall notify those provisions to the Commission no later than 30 March 2012 and shall notify it without delay of any subsequent amendment affecting them.
Amendment 296 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – indent 1
Article 19 – paragraph 1 – indent 1
Amendment 297 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – indent 2
Article 19 – paragraph 1 – indent 2
Amendment 298 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – indent 3
Article 19 – paragraph 1 – indent 3
Amendment 299 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – indent 4
Article 19 – paragraph 1 – indent 4
Amendment 300 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – indent 5
Article 19 – paragraph 1 – indent 5
Amendment 301 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 19 #
2011/0152(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Directive 2004/40/EC should be repealed and more appropriate and proportionate measures protecting workers from the risks associated with electromagnetic fields should be introduced. However, it does not address the long-term effects, including possible carcinogenic effects of exposure to time- varying electric, magnetic and electromagnetic fields, for which there is currently no conclusive scientific evidence establishing a causal relationship. The present measures should be intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Union workers, while reducing possible distortions of competitionThe present measures should be intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Union workers, while reducing possible distortions of competition. This Directive, by proposal of the Commission, should be revised within 5 years in order to include the protection of workers to long-term effects as well as safety effects according to the scientific evidence to such effects caused by electromagnetic field exposure.
Amendment 33 #
2011/0152(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 67 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. For the assessment, measurement and/or calculation of workers' exposure levels to electromagnetic fields likely to be significantly below the action value, simple methods may be used. For the other cases wWhere the exposure level is likely to be close or above the action value, Member States shall give guidance based on available harmonised European standards established by the European Committee for Electrotechnical Standardisation (CENELEC) or on other scientifically- based standards or guidelines.
Amendment 82 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1a (new)
Article 3 – paragraph 5 – subparagraph 1a (new)
In order to provide adequate protection equally for people working in the armed forces and to take due account of existing precautionary and protective measures against exposure to electromagnetic fields, the competent authorities of the states shall perform risk assessments and take appropriate technical and organisational measures to protect these people against potential risks arising from exposure to electromagnetic fields. The armed forces shall define a controlled access zone around the static magnetic field and take technical, organisational, information and training measures for people who can enter the controlled access zone so as to reduce exposure and prevent risks.
Amendment 83 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5 a. In the light of eventual new scientific elements, the Commission shall, within five years revaluate whether the derogations of paragraphs 4 and 5 should be maintained or adapt the relevant protection measures accordingly.
Amendment 87 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Without prejudice to paragraphs 4 and 5, workers may not be exposed above the exposure limit values for health effects. For specific situations where these values may temporarily be exceeded, Member States may put in place a system authorising work under controlled conditions and on the basis of a comprehensive risk assessment setting out the actual exposure levels and their likelihood and comparing them to the exposure limit values defined in Annexes II and III. Such specific situations shall be reported to the Commission in the report referred to in Article 17a of Directive 89/391/EEC.
Amendment 220 #
2011/0152(COD)
Proposal for a directive
Annex II – Part C – point 1 – point 10 – point 1
Annex II – Part C – point 1 – point 10 – point 1
· rail transport powered by alternating current (50 Hz, 16,7 Hz)
Amendment 86 #
2011/0150(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Standards can contribute to helping European policy address the major societal challenges such as climate change, sustainable resource use, ageing, social inclusion, disability and innovation in general. By driving the development of European or international standards for goods and technologies in these expanding markets, Europe could create a competitive advantage for its companies and facilitate trade.
Amendment 99 #
2011/0150(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Standards can have a broad impact on society, in particular on the safety and well-being of citizens, the efficiency of networks, the environment, accessibility and other public policy fields. Therefore, it is necessary to ensure that the role and the input of societal stakeholders representing public and societal interests is strengthened in the elaboration of standards is strengthened, through the support of organisations representing the interests of consumers, the environment andconsumers, including people with disabilities, the environment, workers and other societal stakeholders.
Amendment 104 #
2011/0150(COD)
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) National Standardisation Organisations should provide free access to the participation in their standardisation activities of micro and small enterprises, consumers, including people with disabilities, environmentalists, workers and other societal stakeholders, with the view to enhancing their representation in the standardisation process, in particular in the technical committees. Although free access may not in itself ensure the effective participation of those stakeholders in national standardisation activities, it is necessary to reduce current unnecessary barriers that may discourage weaker stakeholders from participating in the standardisation process.
Amendment 151 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. National and European sStandardisation bodies shall ensure an appropriate representation ofOrganisations shall promote and facilitate the effective participation in their standardisation activities of all relevant stakeholders, including public authorities, small and medium-sized enterprises (hereinafter ‘'SME’s'), consumer organisations and environmental ands, including people with disabilities, workers, environmentalists and other societal stakeholders, in particular through. European Standardisation Organisations shall, in particular, promote and facilitate the effective participation of the organisations referred to in Annex III, at the policy development level and at least at the following stages of the development of European standards or European standardisation deliverables:
Amendment 181 #
2011/0150(COD)
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5 b Access to the standardisation process National Standardisation Organisations shall provide free access to the participation in their standardisation activities of micro and small enterprises, consumers, including people with disabilities, environmentalists, workers and other societal stakeholders.
Amendment 268 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point d – introductory part
Annex 3 – point d – introductory part
(d) A European organisation representing social interests, in European standardisation activities, workers' interests in relation to health and safety in the workplace which:
Amendment 274 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point d – point ii
Annex 3 – point d – point ii
(ii) has as its statutory objectives and activities to represent socialworkers' interests in the standardisation process at European level;
Amendment 275 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point d – point iii
Annex 3 – point d – point iii
(iii) has been mandated by national non- profit socialworkers' organisations in at least two thirds of the Member States, to represent socialworkers' interests in the standardisation process at European level.
Amendment 276 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point d a (new)
Annex 3 – point d a (new)
(da) A European organisation representing, in European standardisation activities, societal interests other from those referred to in points (b), (c) and (d), which: (i) is non-governmental, non-profit- making, and independent of industry, commercial and business or other conflicting interests. (ii) has as its statutory objectives and activities to represent societal interests in the standardisation process at European level; (iii) has been mandated by national non- profit societal organisations in at least two thirds of the Member States, to represent societal interests in the standardisation process at European level.
Amendment 23 #
2010/2289(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to work closely with the social partners, particularly in implementing and enforcing the legislation underpinning the single market project, and; asks the Commission to propose concrete measures for their active and efficient involvement, to support and encourage them to share knowledge and, experience and best practices in these areas.
Amendment 29 #
2010/2289(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the Commission's initiative on proposing a Recommendation for alternative dispute resolution systems;
Amendment 20 #
2010/2278(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to introduce clear-cut legislation which defines social services of general interest (SSGI) on the basis of fundamental rights rather than economic prospects and thus ensuring universal access to all Europeans and guaranteeing a high quality of SSGI, strengthens the principles of subsidiarity and local self- government and excludes SSGI from the application of market rules;
Amendment 42 #
2010/2278(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a revision of the Posting of Workers Directive (96/71/EC1 ) with a view to protecting Member States‘ labour standards and industrial relations systems, including collective bargaining and different forms of collective action, and upholding the principle of equal pay for work of equal value at the same place rather than simply referring to minimum rates, in order to encourage workers' cross-border mobility and the exchange of expertise and good practices;
Amendment 50 #
2010/2278(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that any reform of second-pillar pension systems should be aimed at reinforcing and complementing the first pillar, which guarantees adequate pensions; reminds the Commission that many Member States have a well-functioning first-pillar system in place and that its role should be guaranteed and not indirectly undermined; urges the Commission to take note of this and to use these examples as benchmarks across the EU;
Amendment 68 #
2010/2278(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Asks for the social economy to be integrated more fully in the national action plans developed under the auspices of the WTO in the field of social inclusion, and for greater promotion of the social economy through structural funding and social innovation programmes; suggests, therefore, the establishment of close cooperation and common deliberations in the case of decisions of the EPSCO and the ECOFIN Council formations;
Amendment 80 #
2010/2278(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
11 a. Stresses that access of vulnerable groups to banking services (such as mortgages but not relating exclusively to these services) is of the utmost importance and that any legislative initiative must take into account the financial inclusion and protection and adequate information of consumers.
Amendment 23 #
2010/2277(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that one of the main problems for SMEs in times of economic downturn is their access to finance; strongly supports the proposal for an action plan to improve SMEs‘ access to capital markets, that would also encourage innovation and therefore boost growth and job creation;
Amendment 39 #
2010/2277(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the review of the Accounting Directives seeking to further simplify financial reporting obligations and to reduce administrative burdens, especially for SMEs but this facilitation should by no means serve as an excuse for an omission from the employers' side towards their obligations with regard employees' working rights;
Amendment 43 #
2010/2277(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Supports the convergence of national tax policies in order to avoid unfair tax competition among Member States and therefore welcomes the proposal for a directive introducing a common consolidated corporate tax base (CCCTB); urges the Member States to tackle issues of tax evasion or double taxation so as to encourage cross-border healthy transactions;
Amendment 63 #
2010/2277(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that the process for the creation of a single market of energy should not only focus on enhancing businesses' competitiveness but also on maintaining energy prices accessible to both consumers and businesses;
Amendment 2 #
2010/2274(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the United Nations Convention on the Rights of Persons with Disabilities concluded by the EU on 23rd December 2010
Amendment 3 #
2010/2274(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
- having regard to the Charter of Fundamental Rights of the European Union especially articles 2 (Right to life), 3 (Right to the integrity of the person), 6 (Right to liberty and security), 26 (Integration of persons with disabilities) and 35 (Right to health care)
Amendment 4 #
2010/2274(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas particular attention must be paid so that vulnerable groups are not left behind and special effective measures should always be implemented to guarantee their social inclusion and access to services on an equal footing with all other citizens;
Amendment 12 #
2010/2274(INI)
Motion for a resolution
Recital F
Recital F
F. whereas striving for progress is the driver force and delivery vehicle of the vision and objectives set by the European legislators; whereas proposals for new or amending legislation must take into account actual experiences and implementation capabilities; whereas legislative adaptations must benefit from clear political support furthermore underpinned by an objective cost-benefit socio- economic evaluation as the decisive factor;
Amendment 14 #
2010/2274(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the only number which can be used in all EU Member States to contact all the emergency services, is the European emergency number ‘112’;
Amendment 17 #
2010/2274(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 19 #
2010/2274(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas, several recent disasters have shown that early warning and alert of citizens in case of imminent or developing major emergencies and disasters is necessary in view of reducing suffering and the loss of life;
Amendment 20 #
2010/2274(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the importance of Universal service obligations (USOs) as a fundamental right and more specifically as a safety net for social inclusiveness where market forces alone have failed to provide basic services to citizens and businesses;
Amendment 24 #
2010/2274(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Digital Agenda's ‘Broadband for all’ objectives and is convinced that universal access to broadband helps citizens and business to reap the full benefits of the Digital Single Market, in particular by improving social inclusion, creating new opportunities for socially and environmentally innovative businesses driving jobs, growth and more opportunities for cross border trade; to this end, supports the promotion of digital literacy;
Amendment 27 #
2010/2274(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that a combiningation of policies and technologies (such as wired, cable, fibre, mobile, and satellite networks) can foster the development of new on-line services and applications by businesses and public bodies such as e- governance, e-health, e-education, driving demand for faster Internet connections, making investments in open broadband networks more profitable and therefore encouraging public-private partnerships;
Amendment 29 #
2010/2274(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises the importance of public procurement rules and considers of utmost importance, during their reform, that the local and regional authorities be facilitated to participate in communication technology investments, that pre-commercial procurement is enhanced to the benefit of research and that e-procurement is established;
Amendment 31 #
2010/2274(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the Universal service is not a rightthe only or the key driver for achieving the ‘broadband for all’ objective given the high investment costs required, without necessarily being able to provide significantly improved services to consumers;
Amendment 38 #
2010/2274(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that Universal service obligations could eventually become an additional incentive to the development of broadband possibly as a medium-term target;
Amendment 46 #
2010/2274(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and Member States, with the contribution of the NRAs, to examine the options for an even application of USOs which would guarantee accessibility for vulnerable groups not only through introduction of special terminal equipment and affordable tariffs, but also through the availability of adequate information, and real consumer choice of available services and after-sales services;
Amendment 56 #
2010/2274(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on Member States to make use of the best points of disseminating information on the 112 emergency number, in particular schools, through which a great number of households can be easily sensitised, airports and train stations, given that the "112" is particularly useful to travellers, as well as the information portals of the national emergency services;
Amendment 67 #
2010/2274(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the importance of better coordination between emergency bodies both at national and cross border/European Union level to achieve the highest level of effectiveness and, to this end, calls on the Commission to support and co-ordinate with Member State administrations to explore ways to improve interoperability between their systems;
Amendment 69 #
2010/2274(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to set as soon as possible reliability requirements and establish immediate reaction indicators as performance targets;
Amendment 74 #
2010/2274(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends the exchange of best practices particularly on usingwith regards the handling of 112 calls, for example on the operators' training, the utilisation of a single operator to handle a call and the use of interpretation services that could help peoplthose who do not speak the language of the country in which they are using the emergency services;
Amendment 79 #
2010/2274(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Member States, given that the technology already exists, to show the necessary willingness for adopting a pro-active prevention system by sending the information on imminent or developing major emergencies and disasters to citizens in the concerned area through telecommunications services;
Amendment 415 #
2010/2239(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that the EU rules concerning the third pillar and its smooth cross-border functioning must be examined in the light of the proper functioning of the internal market, particularly for financial products, and the creation of a level playing field; underlines that this re- examination of the rules must take account of the interests of members of pension schemes;
Amendment 432 #
2010/2239(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Is concerned about the inadequate information provided to the public by public authorities and bodies administering pensions concerning the necessity, possibilities, accumulated entitlements, likely results and actual state of affairs with regard to old-age pensions; calls on the Commission and Member States to launch campaigns to enable and encourage members of the public to take measures to ensure adequate pension provision for themselves;
Amendment 31 #
2010/2156(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers it essential to improve the knowledge, capabilities and professional prospects of those employed in the cultural and creative sector and encourages Member States to promote lifelong learning programmes for this purpose;
Amendment 38 #
2010/2156(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Favours initiatives on mobility, particularly for students and young creators whether qualified or not, with the purpose of exchanging ideas and best practices and improving their language skills, as well as the development of residencies and workshops for artists, and calls on the Member States to remove barriers to free movement, particularly with reference to exchanges between EU artists and between EU and non-EU countries; calls on the Commission to ensure that the right to free movement can be exercised;
Amendment 44 #
2010/2156(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 4 #
2010/2099(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the European social model is an asset for world competition, which has been weakened by the economic competitiveness divergences between Member States,
Amendment 5 #
2010/2099(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas budget consolidation is likely to be to the detriment of public services and social protection,
Amendment 7 #
2010/2099(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Include employment targets, in particular concerning the youth employment rate and poverty reduction, on the scoreboard, given that this target will not be met by only taking into account the employment situation; monitor the way in which these targets are pursued.
Amendment 8 #
2010/2099(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Ensure better coordination between the national convergence programmes, the Europe 2020 strategy and the Guidelines for the Employment Policies of Member States as well as the national reform programmes.
Amendment 9 #
2010/2099(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Strengthen the role of the Employment Committee, as provided for in Article 150 TFEU, – in particular in addressing cross-border employment issues – and the role of the Social Protection Committee as provided for in Article 160 TFEU.
Amendment 16 #
2010/2099(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Activate the horizontal social clause of the Lisbon Treaty taking into account social rights and social objectives when defining new EU policies.
Amendment 17 #
2010/2099(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Ensure that the European Semester enables a genuine and timely contribution by all relevant stakeholders, such as the national parliaments and the local or regional authorities, the European Parliament, the social partners and the representatives of civil society.
Amendment 27 #
2010/2099(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. National employment policies and the anti-poverty target should be included on the scoreboard and be assessed by the specialist departments of the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO), in particular the Employment and Social Protection Committees.
Amendment 28 #
2010/2099(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Call on the EPSCO and ECOFIN departments of the Council and their respective working parties to strengthen their cooperation, also by holding joint biannual meetings to ensure that their policies are genuinely integrated.
Amendment 29 #
2010/2099(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Supplement the scoreboard with alternative indicators to describe growth and to assess whether it meets the targets set by the Europe 2020 strategy.
Amendment 31 #
2010/2099(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Implement a sanctioning systemystem of incentives as well as of sanctions which does not undermine the democratic participation of all Member States in decision-making and which excludes budget lines aimed at improving the employment and social conditions of workers, in particular the European Social Fund (ESF) and the Globalisation Adjustment Fund (EGF).
Amendment 38 #
2010/2099(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Encourage measures supporting long- term investment policies and sound remuneration policies that focus on long- term sustainable growth, creating high-quality employment, rather than on short- term gains. Such initiatives should be applied throughout the financial sector.
Amendment 2 #
2010/2076(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out the need for closer and permanent cooperation between EU institutions and national authorities, as well as among Member States' administrations in order to ensure correct, effective and timely application of EU law and to detect implementation problems at an early stage;
Amendment 7 #
2010/2076(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission, where necessary and when other means have proved inefficient, not to hesitate to make use of the infringement procedure and commit to speeding up infringement procedures concerning non-notification of implementing measures and infringements under Article 260 of the Treaty on the Functioning of the European Union (TFEU); urges the Commission to use the new provisions in Article 260(3) TFEU whenever appropriate for the effective and timely application of EU law;
Amendment 8 #
2010/2076(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. In order to ensure more transparency, calls on the Commission to provide more information about infringement proceedings, including the reasons why the Commission chooses to open or to close a case;
Amendment 9 #
2010/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on MEPs and national authorities to promote the Citizens" Signpost Service and the use of alternative dispute resolution instruments and informal problem-solving mechanisms, such as SOLVIT and EU Pilot, which are underused despite their great potential, as well as the single- entry webpage (Your Europe portal); calls for their capacity to be increased by means of the allocation of additional financial and human resources;
Amendment 11 #
2010/2076(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Supports the establishment of a collective redress mechanism as a just measure of effective and appropriate conflict resolution to guarantee that the single marketoperates fairly to the benefit of all, which is a long standing demand of citizens and consumers' associations;
Amendment 80 #
2010/2039(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the multidimensional nature of poverty and social exclusion, and highlights the social dimension and social sustainability of macroeconomic policies, paying particular attention to the most vulnerable sectors of the population, as an integral part of the crisis exit strategy and economic and social cohesion, and the fact this implies changing the monetary priorities and policies, among others, of the Stability and Growth Pact, and also competition policies, internal market policies, and budgetary and fiscal policies and the adoption of effective policies to support those states whose need is greatest, through the appropriate mechanisms;
Amendment 71 #
2010/2027(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that unbalanced measures to reduce the age of a workforce will result not in a higher level of innovation but, on the contrary, in, as is frequently claimed, and are in reality a way of reducing costs by dismissing experienced and hence highly-paid workers, and are a waste of experience, knowledge and skills;
Amendment 79 #
2010/2027(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
This amendment does not apply to the English version.
Amendment 82 #
2010/2027(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that flexisecurity can ease the transitions between the various stages of people’s working lives, provided that it is based on solidarity between the generations and, takes the concerns and needs of all age groups into account and care is taken to ensure well-regulated mechanisms to provide appropriate training, monitoring of workers' rights and respect for family life;
Amendment 115 #
2010/2027(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Council and the Commission to make particular efforts and to devise practical measures – one of which should be a European Youth Guarantee – to ensure that, after a maximum period of sixfour months’ unemployment, young people are offered a job, an apprenticeship, additional training or combined work and training, with the proviso that those concerned support the process of their integration into work through their own efforts;
Amendment 154 #
2010/2027(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Is convinced that it must be genuinely up to the workers concerned to decide for how long they wish to remain in work beyond national retirement ages, although, should they decide not to extend their working lives, this must not affect their pension rights or other social rights;
Amendment 174 #
2010/2027(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to establish an 'Active Ageing Observatory' with a view to disseminating good practices regarding involvement of the elderly in cultural and social activities and the development of initiatives such as voluntary work for the elderly or life-long learning;
Amendment 208 #
2010/2027(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Emphasises that it is a human right to enjoy a decent livelihood and that people who have worked all their lives must not fall victim to the economic crisis;
Amendment 219 #
2010/2027(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Points out that the younger generations must not be compelled either to take out private, supplementary pension insurance policies in order to be able to survive when they are older;
Amendment 71 #
2010/2012(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to propose measures and reach agreements respectively with a view to simplifying and streamlining VAT reporting obligations for cross-border e- commerce and simplifying VAT registration procedures;
Amendment 16 #
2010/2011(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that the single market is not only an economic structure, and single market legislation protects and preserves specific fundamental rights of citizens, such as security and privacy, and that for this reason a smoothly functioning single market is in the best interests of European citizens, consumers and SMEs, given the many economic and other challenges that the EU currently faces;
Amendment 43 #
2010/2011(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes the view that the old perception of the single market as being primarily tied to economic considerations needs revisiting; stresses that all those involved in shaping and implementing the single market need to adopt a more holistic approach, fully integrating citizens’ concerns, particularly in relation to economic, social, health and environmental issues and consumer protection so that the single market can function for the benefit of all;
Amendment 75 #
2010/2011(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the importance of establishing a green single market for emerging low-carbon and environmental technologies, services and products by developing EU-wide standards for measuring and auditing carbon footprints and for labelling products which meet the required standards; points out that clear standards and labelling for energy efficient products must become mandatory throughout the Union;
Amendment 79 #
2010/2011(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges that, in the digital era, the Union must fully realise the potential and opportunities offered by the Internet and, e- commerce and e-governance for further development of the single market; emphasises that the development of new technologies must take into account the need to protect citizens, consumers and SMEs;
Amendment 142 #
2010/2011(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Proposes that, with a view to the improved transposition, application and enforcement of single market legislation, the Commission forge a partnership among all the stakeholders involved in shaping, implementing and enforcing such legislation, using new mechanisms such as the proposed annual single market forum in which all the stakeholders in the operation of the single market must be proportionately represented and measures must be taken to ensure that it operates transparently;
Amendment 149 #
2010/2011(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Emphasises however that, wherever necessary for consumer safety, penalties should be proposed, bearing in mind the principle of the proportionality of measures taken, since the protection of citizens cannot depend on voluntary implementation of rules;
Amendment 164 #
2010/2011(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls on the Commission and the Member States to develop a targeted communication strategy focusing on the day-to-day problems that citizens encounter when undertaking cross-border transactions, moving, shopping or selling across borders, and the social, health, consumer-protection and environmental- protection standards on which they can rely;
Amendment 215 #
2010/2011(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Is of the opinion that the Commission needs to undertake an evaluation of the Services Directive to determine whether it has achieved its main goals and to treat the issue as a matter of urgency;
Amendment 29 #
2010/0115(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) The Treaty on European Union stipulates in Article 3.3 that the Union shall seek to achieve full employment and social progress, combat social exclusion and discrimination, and shall promote social justice and protection and provides for the Union’s initiatives to ensure coordination of Member States' social policies. Article 9 of the Treaty on the Functioning of the European Union provides that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection and the fight against social exclusion.
Amendment 35 #
2010/0115(NLE)
Proposal for a decision
Recital 4
Recital 4
(4) The Lisbon Strategy, launched in 2000, was based on an acknowledgement of the EU’s need to increase its knowledge-based productivity and competitiveness and recreate the conditions for full employment, while enhancing social and regional cohesion, in the face of global competition, technological change and an ageing 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.
Amendment 41 #
2010/0115(NLE)
Proposal for a decision
Recital 6
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 can deliver significant results if it is strengthened and rendered effective. The crisis, which is still developing, also underscoreds the close interdependence of the Member States’ economies and labour markets and makes it necessary to carry out a major review of mechanisms for which achievement of employment and social targets will continue to be the underwritten objectives.
Amendment 49 #
2010/0115(NLE)
Proposal for a decision
Recital 7
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, sustainable and inclusive growth accompanied by high levels of employment, productivity and social cohesion. Five 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 in line with their particular circumstances to meet the national targets and to remove the bottlenecks that constrain growth.
Amendment 55 #
2010/0115(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) As part of comprehensive exit strategies for the economic crisis, Member States should carry out ambitious reforms to ensure 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. However, in order to achieve in practice the objectives of sustainable economic and social cohesion, priority should be given to dealing with the major macroeconomic imbalances between the Member States and the disparities regarding their levels of competitiveness.
Amendment 58 #
2010/0115(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) As part of comprehensive "exit strategies" for the economic crisis, Member States should carry out ambitious reforms to ensure macroeconomic stability, the promotion of more and better jobs, as promoted by the ILO in its Decent Work Agenda, 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.
Amendment 74 #
2010/0115(NLE)
Proposal for a decision
Recital 9
Recital 9
(9) Within the Europe 2020 strategy, Member States should implement reforms aimed at ‘smart growth’, i.e. growth driven by knowledge and innovation. Reforms should aim at improving the quality of education, ensuring access for all, and strengthening research and business performance in order to promote innovation and knowledge transfer throughout the EU for the elimination of regional imbalances. They should encourage entrepreneurship and help to turn creative ideas into innovative products, services and processes that can create growth, quality jobs, territorial, economic and social cohesion, and address more efficiently European and global societal challenges. Making the most of information and communication technologies is essential in this context.
Amendment 82 #
2010/0115(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) Member States should also, through their reform programmes, aim at sustainable growth. Sustainable growth means building a resource-efficient, sustainable and competitive economy, a fair distribution of the cost and benefits and exploiting Europe’s leadership in the race to develop new processes and technologies, including green technologies. Member States should implement the necessary reforms to reduce greenhouse gases emissions and use resources efficiently. They should also improve the business environment, stimulate creation of green jobs and jobs in the social economy and modernise their industrial base.
Amendment 92 #
2010/0115(NLE)
Proposal for a decision
Recital 11
Recital 11
(11) Member States’ reform programmes should also aim at ‘inclusive growth’. Inclusive growth means building a cohesive society in which people are empowered to anticipate and manage change, thus to actively participate in society and economy. Member States’ reforms should therefore ensure access and opportunities for all throughout the lifecycle, thus reducing poverty and social exclusion, through removing barriers to labour market participation especially for women, older workers, young people, disabled and legal migrants. They should also make sure that the benefits of economic growth reach all citizens and all regions. Ensuring effective functioning of the labour markets through, coordination between training and employment market requirements, investingment in successful transitions, appropriate skills development, lifelong education, rising job quality and fighting segmentation, structural unemployment and inactivity while ensuring adequate, sustainable social protection and active inclusion to reduce poverty should therefore be at the heart of Member States’ reform programmes.
Amendment 111 #
2010/0115(NLE)
Proposal for a decision
Recital 13
Recital 13
(13) The Europe 2020 strategy has to be underpinned by an integrated set of policies, which Member States should endeavour to implement fully and at the same pace, taking account of their particular difficulties, in order to achieve the positive spill-over effects of coordinated structural reforms.
Amendment 115 #
2010/0115(NLE)
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13 a) Member States should take into account the Europe 2020 strategy, and, in particular, its employment and social aspects, when programming and implementing EU funding, including that from the European Social Fund, the European Regional Development Fund and the Cohesion Fund. The use of the European Funding has to reduce the number of bureaucratic hurdles and facilitate longer-term measures.
Amendment 154 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 1
Annex – Guideline 7 – paragraph 1
Member States should integrate the flexicurity principles endorsed by the European Council into their labour market policies and apply them, making full use of European Social Fund support, fully guaranteeing the rights and the health of workers, 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 reinforcing. Member States should therefore introduce a combination of flexible and reliable employment contracts, active labour market policies, effective lifelong learning, policies to promote labour mobility, taking account of the family circumstances of workers, and adequate social security systems to secure professional transitions accompanied by clear rights and responsibilities for the unemployed to actively seek work.
Amendment 178 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 2
Annex – Guideline 7 – paragraph 2
Member States should step up social dialogue and tackle labour market segmentation with measures addressing temporary and precarious employment, underemployment and undeclared work by means of effective measures to monitor and implement labour rights. Professional mobility should be rewarded. The quality of jobs and employment conditions should be addressed by fighting low-wages and by ensuring adequate social security also for those on fixed contracts and the self- employed. Employment services should be strengthened and open to all, including young people and those threatened by unemployment with personalised services targeting those furthest away from the labour market.
Amendment 192 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 3
Annex – Guideline 7 – paragraph 3
In order to increase competitiveness and raise participation levels, particularly for the low-skilled, and in line with economic policy guideline 2, Member States should review tax and benefit systems and the capacity of public services to provide the necessary support. Member States should increase labour force participation through policies to promote active ageing, gender equality and equal pay and labour market integration of young people, disabled, legal migrants and other vulnerable groups, as well as groups situated a long way from economic population centres through the use of new technologies. Work-life balance policies with the provision of affordable care, social benefits and innovation in work organisation should be geared to 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 and unequal treatment in this respect, support self-employment and job creation in areas including green employment and care and promote social innovation.
Amendment 206 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 4
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 and low skilled workers, the disabled, and the better integration of legal migrants.
Amendment 223 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 1
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 market. Quality initial education and attractive vocational training, with the necessary coordination between the educational system and the labour market, must be complemented with effective incentives for lifelong learning, second-chance opportunities, ensuring every adult the chance to move one step up in their qualification, and by targeted migration and integration policies. Member States should 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 who have lost their jobs, while at the same time enhance the training, skills and experience of highly skilled workers, including researchers.
Amendment 237 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 2
Annex – Guideline 8 – paragraph 2
In cooperation with social partners and business, Member States should improve access to training, strengthen education and career guidance combined with systematic information on new job openings and opportunities, promotion of entrepreneurship, encouragement of innovation investment, which could create jobs during both the research and development phases thereof, and enhanced anticipation of skill needs. Investment in human resource development, up-skilling and participation in lifelong learning schemes should be promoted through joint financial contributions from governments, individuals and employers. To support young people and in particular those not in employment, education or training, Member States in cooperation with the social partners, should enact schemes to help recent graduates find initial employment or further education and training opportunities, including quality apprenticeships providing the necessary social benefits, and intervene rapidly when young people become unemployed. Regular monitoring of the performance of up-skilling and anticipation policies should help identify areas for improvement and increase the responsiveness of education and training systems to labour market needs. EU funds should be fully mobilised by Member States to support these objectives.
Amendment 281 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 10 – paragraph 1
Annex – Guideline 10 – paragraph 1
Member States’ efforts to reduce poverty should be aimed at promoting full participation in society and economy and extending employment opportunities, with decent levels of remuneration, thereby ensuring worker autonomy, making full use of the European Socitructural Funds. Efforts should also concentrate on ensuring equal opportunities, including through access to affordable, sustainable and high quality services and public services (including online services, in line with guideline 4) and in particular health care, ensuring that they are available also to the vulnerable and weaker population groups. Member States should put in place effective anti-discrimination measures. Equally, to fight social exclusion, empower people and promote labour market participation, social protection systems, lifelong learning and active inclusion policies should be enhanced to create opportunities at different stages of people’s lives and shield them from the risk of exclusion. Social security and pension systems must be modernised to ensure that they can be fully deployed to ensure adequate income support and access to healthcare — thus providing social cohesion — whilst at the same time remaining financially sustainable. Benefit systems should focus on ensuring income security during transitions and reducing poverty, in particular among groups most at risk from social exclusion, such as one- parent families, minorities, people with disabilities, children and young people, elderly women and men, legal migrants and the homeless. Member States should also actively promote the social economy and social innovation in support of the most vulnerable.
Amendment 6 #
2009/2221(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the economic crisis has caused a massive rise in unemployment rates in the EU Member States; whereas young people have been disproportionately affected by this trend; whereas the rate of youth unemployment is rising more sharply in relation to the average unemployment rate; whereas more than 5.5 million young people in the EU under 25 were unemployed in December 2009, equivalent to 21.4 % of all young people, creating the paradox that while young people, owing to the ageing of the population, constitute a cornerstone of the social security systems, at the same time they remain on the economic margin,
Amendment 11 #
2009/2221(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the transition from education to work and between jobs is a structural challenge for young people all over the EU; whereas apprenticeships have a largely positive impact on young people's access to employment; whereas a considerable number of public and private employers hire apprentices with a view to replacing them subsequently with others and not to recruiting them definitively and facilitating their smooth transition on to the labour market,
Amendment 14 #
2009/2221(INI)
Motion for a resolution
Recital E
Recital E
E. whereas young people often face discrimination on the grounds of their age when entering the labour market; whereas young women are more likely than young men to face unemployment and poverty than young men; whereas disabled young people face even greater obstacles to their integration into the labour market,
Amendment 21 #
2009/2221(INI)
Motion for a resolution
Recital F
Recital F
F. whereas decent work shifts young people from social dependence to self- sufficiency, helps them escape poverty and enables them to actively contribute to society, economically and socially; whereas discriminative legislation in some Member States, such as the minimum wage for young people in the UK, the Revenu minimum d'insertion in France and the reduced employment benefits for young people in Denmark, prevent young people from entering into an adult, independent life,
Amendment 30 #
2009/2221(INI)
Motion for a resolution
Title on paragraph 2
Title on paragraph 2
Amendment 33 #
2009/2221(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Invites Member States to create efficient incentives, such as employment subsidies or insurance contributions for young people up to the age of twenty-five or for young people in their first three years of work, for public and private employers to hire young people, to invest in quality job creation for young people and to support entrepreneurship among youth; also through mobility programmes for young professionals, particularly in fields such as environmental development and the social economy,
Amendment 47 #
2009/2221(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to establish inclusive and targeted labour market policies that secure the respectful inclusion and meaningful occupation of young people, e.g. through the setting-up of inspirational networks, trainee arrangements, international career centres and youth centres for individual guidance; on matters such as collective organisation and knowledge of legal aspects relating to their traineeship,
Amendment 49 #
2009/2221(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to establish inclusive and targeted labour market policies that secure the respectful inclusion and meaningful occupation of young people, e.g. through the setting-up of inspirational networks, trainee arrangements, international career centres and youth centres for individual guidance;
Amendment 56 #
2009/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to expand financial capacity for the European Social Fund, to earmark a minimum of 10 % of this fund for projects targeting young people and to ease access to the fund, and also to review the effectiveness and added value of programmes, such as 'Youth in Action', in terms of job opportunities for young people; urges the Member States to improve their targeting of youth;
Amendment 62 #
2009/2221(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to intensify efforts to reduce early school leaving in order to achieve the Lisbon goal of no more than 10 % of early school leavers by 2012; invites the Member States to make use of a wide range of measures to fight early school leaving and illiteracy, e.g. lowering the number of students in each class, introducing mentors at all schools, establishing an immediate follow up of early school leavers; points to Finland which has succeeded in reducing the number of early school leavers; invites the Commission to coordinate a project on best practices;
Amendment 64 #
2009/2221(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Member States to improve links between the educational system and the world of work and devise means of predicting demand for skills and abilities;
Amendment 73 #
2009/2221(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for more and better traineeships and mobility arrangements, as well as local and regional funding; calls on the Commission and the Council to set up a European Quality Charter on Traineeships to ensure their educational value and avoid exploitation; ·
Amendment 78 #
2009/2221(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to establish a European system for the certification and recognition of knowledge and skills acquired though apprenticeships and traineeships, which will help to increase young workforce mobility;
Amendment 83 #
2009/2221(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges the Member States to provide young people in traineeship, work experience or apprenticeship schemes with full workplace and social security entitlements, subsidising where appropriate a part of their contributions;
Amendment 87 #
2009/2221(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises that, in times of crisis, young people seek education and should be encouraged to do so; calls on all Member States to secure equal access to education for all by guaranteeing a minimum right of 12 years free, including both the compulsory 12 years free education and further education, providing assistance for pupils who cannot afford to complete their compulsory education and securing financial support for young students, and invites Member States to invest further in education and training, even if fiscal constraints are present, to adopt the European Qualifications Framework and, where necessary, to establish national skills frameworks;
Amendment 92 #
2009/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to expand EU programmes that support education and up- skilling, such as Lifelong Learning, the European Social Fund, the Marie Curie and Erasmus Mundus Actions and the Science Education Initiative;
Amendment 94 #
2009/2221(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Member States to develop lifecycle-based policies and strategies, in which education and employment are better integrated, in which safe transition is a key point and in which there is a constant vocational up- skilling of the labour force providing them with the key competences required by the labour market;
Amendment 97 #
2009/2221(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission to revise the flexicurity strategy, together with the social partners, in order to place transition security at the top of the agenda while creating mobility and easier access for young people; underlines that flexibility without social security is not a sustainable way of combating the problems young people face on the labour market;
Amendment 106 #
2009/2221(INI)
Motion for a resolution
Paragraph 12 – point c a (new)
Paragraph 12 – point c a (new)
ca. effective labour mobility mechanisms,
Amendment 108 #
2009/2221(INI)
Motion for a resolution
Paragraph 12 – point d a (new)
Paragraph 12 – point d a (new)
da. effective monitoring mechanisms to guarantee labour rights,
Amendment 109 #
2009/2221(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on Member States and the social partners to secure quality work to avoid young people falling into the ‘precariousness trap’; and calls on the social partners,Member States and the social partners, on the basis of existing national laws and in cooperation with the Commission, to establish and implement minimumbetter standards protecting those who work in insecure or low-quality jobs;
Amendment 119 #
2009/2221(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission for a review of existing national legislation affecting youth in each Member State to verify its compatibility with the Employment Equality DirectiveDirective 2000/78/ΕC on equal treatment in employment with regard to religion, belief, disability, age or sexual orientation;
Amendment 131 #
2009/2221(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for Member States to introduce affirmative action measures for young people in those areas of the labour market where youth is under-represented, so as to overcome the consequences of previous age discrimination and achieve a truly diverse workforce, making reasonable accommodation as appropriate for young people with disabilities; points to good experience as regards affirmative action in combating discrimination;
Amendment 139 #
2009/2221(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises the importance of young people being able to be financially independent and calls for Member States to ensure that all young people are individually entitled to a minimum level of income that secures for them the possibility of creating an independent adult life; the Member States should adopt policies to ensure that all young people are entitled to the income that results from general and collective labour agreements;
Amendment 144 #
2009/2221(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests that the Council and the Commission come forward with a European Youth Guarantee securing the right of every young person in the EU to be offered a job, an apprenticeship, additional training or combined work and training after a maximum period of 6 months’ unemployment, in proportion to demand on the labour market and provided that suitable review mechanisms are introduced to monitor developments in occupations;
Amendment 150 #
2009/2221(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Council and the Commission to agree to and deliver on new improved governance and internet information tools for the work on youth employment;
Amendment 9 #
2009/2219(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that, whilst working effectively with the ILO and other treaty bodies, the Commission should continue to meet its responsibility to evaluate the impact of trade negotiations on social, environmental and human rights, paying particular attention to the promotion of decent work for all, and to consult trade unions and environmental and social NGOs in a transparent manner throughout the process of negotiating and implementing trade agreements, guaranteeing them a clear right to raise violations;
Amendment 6 #
2009/2178(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission's initiatives to enhance the enforcement of intellectual property rights and calls for the provision of long-term financing for the European CounterEuropean Counterfeiting and Piracy Observatory to be sufficiently equipped with facilities and human resources to be able to carry out its multifaceted work effeictingvely and Piracy Observatoryfor the provision of its long-term financing;
Amendment 10 #
2009/2178(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Draws attention to the serious impact of the infringement of intellectual property rights on the internal market and therefore calls on the Commission to strengthen (andreview, where appropriate review, the effectiveness of) existing legislation, particularly with regard and, with respect for human rights, strengthen it, while also examining the possibility of adopting penalties, in particular in cases giving rise to risks to human life; particular attention should be given to the fight against the increase in counterfeit goods from third countries and against counterfeit goods that put consumer health at risk, particularly the health of young consumers;
Amendment 19 #
2009/2178(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to create theGiven the failure to secure the desired level of safety for European consumers through the use of labels, such as the EC label, calls on the Commission to examine whether the creation of an EU Certification Label system, which would give a higher level of protection for certification marks established at European or at national level;
Amendment 27 #
2009/2178(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Commission, in the context of the research it proposes to carry out and the reports it intends to produce, also to explore the subject of the collection and correct distribution of authors' royalties by the organisations responsible for collective rights management;
Amendment 43 #
2009/2178(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 1 #
2009/2110(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 2 #
2009/2110(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the Centre employs 128 staff and introduced a performance measurement system in 2009; expects results from that system; draws attention to the continuing increase in staffing at the Centre;
Amendment 4 #
2009/2110(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. In view of the fact that some areas of interest are shared, requireswelcomes the close cooperation and synergies between CEDEFOP and the ETF and calls for information to be provided regularly in the Director’s activities report of both agencies.
Amendment 59 #
2009/0096(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) disadvantaged persons, including the young, who who are facing the threat of social exclusion or are excluded from the conventional credit market and want to start or further develop their own micro-enterprise, including self employment;
Amendment 97 #
2009/0096(COD)
Proposal for a decision
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3α. On the basis of the annual report, the Commission shall endeavour to ensure that whoever faces the threat of social exclusion and is excluded from the conventional credit market should have access to the facility throughout the European Union.
Amendment 53 #
2009/0072(CNS)
Proposal for a decision
Article 2 – paragraph 2 – point 2
Article 2 – paragraph 2 – point 2
2. Empower volunteer organisations with respect to their aims, priorities and autonomy and improve the quality of volunteering - To facilitate volunteering and to encourage networking, mobility, cooperation and synergies between volunteer organisations and other sectors in an EU context.
Amendment 68 #
2009/0072(CNS)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
Each Member State shall appoint a body responsible for organising its participation in the European Year (hereinafter referred to as national coordinating body), which shall coordinate the different volunteer organisations at national level. It shall inform the Commission of that appointment within one month of the adoption of this Decision.
Amendment 71 #
2009/0072(CNS)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
Each Member State shall ensure that the aforementioned body properly involves a wide range of stakeholders at national, regional and local level. The selection of the members of the body shall be carried out on the basis of the following criteria: representativeness, transparency, accountability and merit.
Amendment 68 #
2008/0261(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) In order to take account of new risk profiles, while at the same time ensuring the functioning of the internal market for medicinal products, safety features designed to ensure the identification, authentication and traceability of prescription medicinal products should be established at Community level. When introducing obligatory safety features for prescription medicinal products, due account should be taken of the particularities of certain products or categories of products, such as generic medicines. This includes the risk of falsifications in view of their price and past incidences in the Community and abroad, as well as the consequences of falsifications for public health in view of the specific characteristics of the products concerned or of the severity of the conditions intended to be treated.
Amendment 87 #
2008/0261(COD)
Proposal for a directive – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States, working together with stakeholders, should be free to determine the particular aspects of medicines authentication which they consider most appropriate for their medicine distribution system, taking into account the safety features adopted pursuant to this Directive.
Amendment 117 #
2008/0261(COD)
Proposal for a directive – amending act
Recital 18 a (new)
Recital 18 a (new)
(18a) Furthermore, Member States should collaborate, making use of the services of Europol, to enforce the existing restrictions on the illegal internet supply of medicines.
Amendment 168 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 2001/83/EC
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
(2a) In Article 2, the following paragraph 3a is inserted after paragraph 3: 3a. Nothing in this Directive shall affect the right of Member States to restrict or prohibit the sale of prescription medicines over the internet.
Amendment 203 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2001/83/EC
Article 54 - point o
Article 54 - point o
(o) safety features making it possible to ascertain identification authenticity of medicinal products, other than radiopharmaceuticals, subject to medical prescription as defined in Title VI.
Amendment 286 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2001/83/EC
Article 54 a – paragraph 4 – subparagraph 5
Article 54 a – paragraph 4 – subparagraph 5
The measures referred to in this paragraph shall take due account of the legitimate interests to protect information of a commercially confidential nature and of the protection of industrial and commercial property rights. Member States shall ensure that the ownership and confidentiality of data generated by the use of safety features to authenticate medical products is respected.
Amendment 74 #
2008/0260(COD)
Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Until the Agency can ensure the functionalities of the Eudravigilance database, all the periodic safety update reports should also be submitted to the National Competent Authorities where the product is authorised.
Amendment 301 #
2008/0196(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Consumers should be entitled to receive information before the conclusion of the contract in a language they understand. However traders should not have to provide the information when already apparent from the context, but should be required to draw the attention of consumers to such information and answer any queries or provide explanations. For example in an on- premises transaction, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance and off-premises transactions, the trader should always provide the information on arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the context.
Amendment 305 #
2008/0196(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In the case of distance contracts, the information requirements should be adapted to take into account the technical constraints of certain media, such as the restrictions of the number of characters on certain mobile telephone screens or the time constraint on television sales spots. In this case the trader should comply with a minimum set of information requirements and refer the consumer to another source of information, for instance by providing a toll free telephone number or a hypertext link to a webpage of the trader where the relevant information is directly available and, easily accessible, clear and in a language which the consumer understands.
Amendment 313 #
2008/0196(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The rules on distance contracts should be without prejudice to the provisions on the conclusion of e-contracts and the placing of e-orders as set out by Articles 9 and 11 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), and in any case consumers should not be bound by the contract unless he or she has received all the information set out in Article 5 of this directive.
Amendment 346 #
2008/0196(COD)
Proposal for a directive
Recital 40
Recital 40
(40) If the good is not in conformity with the contract, firstly, the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader's choice unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort. The trader's effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity, the value of the goods and the significance of the lack of conformity. The lack of spare parts should not be a valid ground to justify the trader's failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort.
Amendment 365 #
2008/0196(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Some traders or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer's legal rights. This information should be provided in a language which the consumer understands.
Amendment 373 #
2008/0196(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Consumer contracts should be drafted in plain, intelligible language and be legible, be legible and at all events be available at least in the language of the consumer. Traders should be free to choose the font type or size in which the contract terms are drafted, providing they meet the above conditions and comply with any requirements of Member States. Furthermore, terms of contracts should also appear prominently in the contract and be available in the language in which the contract has been drawn up. Member States may maintain or introduce in their national law additional requirements concerning better presentation of the terms. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g. on the trader's website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer's express consent to any payment in addition to the remuneration for the trader's main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited.
Amendment 382 #
2008/0196(COD)
Proposal for a directive
Recital 52
Recital 52
Amendment 386 #
2008/0196(COD)
Proposal for a directive
Recital 53
Recital 53
Amendment 388 #
2008/0196(COD)
Proposal for a directive
Recital 55
Recital 55
(55) The Member States should ensure that their courts or administrative authorities have at their disposal adequate and effective means of preventing the continued application of unfair terms in consumer contracts.
Amendment 391 #
2008/0196(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be able to initiate collective protection proceedings and afforded legal remedies for initiating proceedings, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings.
Amendment 394 #
2008/0196(COD)
Proposal for a directive
Recital 60
Recital 60
(60) The European Commission will look into the most appropriate way to ensure that all consumers are made aware of their rights at the point of sale and in so far as possible elsewhere.
Amendment 395 #
2008/0196(COD)
Proposal for a directive
Recital 63
Recital 63
(63) It is appropriate to review this Directive if consumer protection problems and some barriers to the internal market were identified. The review could lead to a Commission proposal to amend this Directive, which may include amendments to other consumer protection legislation reflecting the Commission's Consumer Policy Strategy commitment to review the acquis in order to achieve a high, common level of consumer protection.
Amendment 396 #
2008/0196(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Since the objectives of this Directive cannot be sufficiently achieved only by the Member States and can therefore in some circumstances be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to eliminate the internal market barriers and achieve a high common level of consumer protection.
Amendment 406 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1) 'consumer' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft oor legal person for whom the products or services offered on the market are intended or who uses such products or services in so far as he or she is the final recipient. ‘Consumer’ also means any recipient of the advertising message. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Article, including more or less stringent provisions intended to ensure a different level of consumer professtection;.
Amendment 540 #
Amendment 545 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Member States may not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of as long as they guarantee a higher degree of consumer protection. 1a. The rights resulting from this Directive shall be exercised without prejudice to the provisions of another Community act governing consumer protection.
Amendment 587 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
c) the price inclusive of taxes, or where the nature of the productgood or service means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges and any other cost or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
Amendment 695 #
2008/0196(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Prior to the conclusion of the contract, the intermediary shall disclose to the consumer, that he is acting in the name of or on behalf of another consumer and that the contract concluded, shall not be regarded as a contract between the consumer and the trader but rather as a contract between two consumers and as suchit shall be made clear to the consumer that as such the contract fallings outside the scope of this Directive and that the consumer therefore does not enjoy the protection afforded under the provisions thereof.
Amendment 731 #
2008/0196(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Formal requirements forpreliminary contract requirements regarding fulfilment of obligations concerning the provision of information in off-premises contracts.
Amendment 735 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order form in plain and intelligible language, including the language of the consumer, and be legible. The order form shall include the standard withdrawal form set out in Annex I(B).
Amendment 750 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. An off-premises contract shall only be valid if the consumer signs an order form received by him prior to completion of the contract and in cases where the order form is not on paper, receives a copy of the order form on another durable medium.
Amendment 766 #
2008/0196(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Formal preliminary contract requirements for distance contracts
Amendment 772 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With respect to distance contracts, the information provided for in Article 9(a) shall be given or made available to the consumer prior toin time for the conclusion of the contract, in plain and intelligible languagebefore the consumer is bound by the distance contract or offer. The information shall be provided in plain and intelligible language, including the language of the consumer, and be legible and clear, in a way appropriate to the means of distance communication used.
Amendment 780 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Online contracts requiring the consumer to make payment shall only be binding on the consumer following express confirmation of the information provided for under Article 5(1)(c).
Amendment 902 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse anyll payments received from the consumer within thirtyout delay and at the latest fourteen days from the day on which he receives the communication of withdrawal. .
Amendment 955 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. In respect of distance contracts, and off- premises contracts, the consumer shall not enjoy the right of withdrawal shall not applyfrom the contract as regards the following:
Amendment 965 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 973 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) the supply of goods made to the consumer's specifications or clearly personalized or which are liable to deteriorate or expire rapidly;
Amendment 975 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
Amendment 994 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
(e) the supply of sealed audio or video recordings or computer software which were unsealed by the consumer unless, on unsealing the goods, the consumer ascertains non-conformity under the provisions of Article 17(2);
Amendment 1011 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point h
Article 19 – paragraph 1 – point h
(h) contracts concluded at an public auction.
Amendment 1074 #
2008/0196(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1080 #
2008/0196(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a With regard to Articles 21 to 29, unless otherwise stated in this Directive, Member States may enact or maintain in force more stringent provisions, in accordance with the Treaty, in the area covered by this Directive, so as to ensure a higher level of protection for consumers.
Amendment 1088 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
» 1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, immediately after the conclusion of the contract and in any case within a maximum of thirty days from the day of the conclusion of the contract. In case of agreement on the day of delivery, the consumer may choose the day of delivery which shall not exceed a period of thirty days from the day of the conclusion of the contract.
Amendment 1101 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1. on time as provided for in paragraph 1 and where responsibility for this clearly lies with the trader, the consumer shall be entitled under national law to rescind the contract and seek a refund of any sums paid within a reasonable period of time and in no case later than seven days from the date on which the trader was informed of the consumer's decision to rescind the contract.+
Amendment 1163 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or should reasonably have been aware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
Amendment 1190 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided forIn accordance with the conditions laid down in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to: Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1203 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
a) have the lack of conformity remedied by repair or replacement, , Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1209 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point aa (new)
Article 26 – paragraph 1 – point aa (new)
αα) have the lack of conformity remedied by replacement, Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1238 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The trader shall remedy the lack of conformity by either repair or replacement according to his choice. the consumer's choice. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1317 #
2008/0196(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Without prejudice to the provisions of this Chapter, the consumer may claim damages in accordance with national legislation for any loss not remedied in accordance with Article 26.
Amendment 1326 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twohree years as from the time the risk passed to the consumer.
Amendment 1340 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the tradconsumer has remediedobjective difficulties in identifying the lack of conformity byand it is replacement, heted to the purpose for which goods of the same type are normally used, as provided in Article 24, paragraph 2(c), the trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twoen years as from the time the consumer or a third party indicatrisk passed byto the consumer has acquired the material possession of the replaced goods.
Amendment 1351 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. In the case of second-hand goods, the trader and the consumer may agree on a shorter liability period, which may not be less than one year from the time the risk passed to the consumer.
Amendment 1367 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six monthsone year of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 1383 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. The trader shall provide the consumer with a guarantee statement in writing or by any other technical means of reproduction which may be available and accessible to the consumer. In the absence of the guarantee statement, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
Amendment 1384 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 (new)
Article 29 – paragraph 1 – subparagraph 1 (new)
The guarantee shall be in accordance with the rules of good faith and shall not be subject to unreasonable exemption clauses.
Amendment 1385 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 2 (new)
Article 29 – paragraph 1 – subparagraph 2 (new)
The duration of the guarantee shall be reasonable in relation to the probable life of the product. With particular regard to hi-tech products, the duration of the guarantee shall be reasonable in relation to the time it is expected that they will remain up-to-date from a technological point of view, if that period of time is shorter than their probable life.
Amendment 1386 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 3 (new)
Article 29 – paragraph 1 – subparagraph 3 (new)
Where new, long-life products (consumer durables) are supplied, the provision of a written guarantee shall be mandatory.
Amendment 1391 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. The guarantee statement shall be drafted in plain intelligible language and in any case at least in the official languages of the EU and be legible. It shall include the following:
Amendment 1395 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
a) legal rights of the consumer, as provided for in Articles 26 and 28, and by any additional provisions of current national legislation, and a clear statement that those rights are not affected by the commercial guarantee,
Amendment 1397 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
Amendment 1403 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
Amendment 1434 #
2008/0196(COD)
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
In relation to Articles 30-39, except where otherwise provided in this directive, Member States may adopt or retain in force more stringent provisions, which are consistent with the Treaty in the area governed by this directive, in order to ensure a higher level of consumer protection.
Amendment 1445 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Contract terms shall be made available to the consumer at a time and in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the circumstances and the means of communication used.
Amendment 1473 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, before, at the time of and after the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31.
Amendment 1506 #
2008/0196(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Contract terms, which are unfair and are not compatible with the transparency requirements laid down in Article 31, paragraphs 1 and 2, of the present directive, shall not be binding on the consumer. The contract shall continue to bind the parties if it can remain in force without the unfair and non-transparent terms.
Amendment 1513 #
2008/0196(COD)
Proposal for a directive
Article 39
Article 39
Amendment 1528 #
2008/0196(COD)
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
Member States and the Commission shall take appropriate measures to inform consumers of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.
Amendment 1551 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint a (new)
Annex 2 – paragraph 1 – point 5 – subpoint a (new)
Amendment 1552 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint b (new)
Annex 2 – paragraph 1 – point 5 – subpoint b (new)
Amendment 1553 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint c (new)
Annex 2 – paragraph 1 – point 5 – subpoint c (new)
Amendment 1554 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint d (new)
Annex 2 – paragraph 1 – point 5 – subpoint d (new)
Amendment 1555 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint e (new)
Annex 2 – paragraph 1 – point 5 – subpoint e (new)
Amendment 1556 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint f (new)
Annex 2 – paragraph 1 – point 5 – subpoint f (new)
Amendment 1557 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint g (new)
Annex 2 – paragraph 1 – point 5 – subpoint g (new)
Amendment 1558 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint h (new)
Annex 2 – paragraph 1 – point 5 – subpoint h (new)
Amendment 1559 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint i (new)
Annex 2 – paragraph 1 – point 5 – subpoint i (new)
Amendment 1560 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint j (new)
Annex 2 – paragraph 1 – point 5 – subpoint j (new)
Amendment 1561 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint k (new)
Annex 2 – paragraph 1 – point 5 – subpoint k (new)
Amendment 1562 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint l (new)
Annex 2 – paragraph 1 – point 5 – subpoint l (new)
Amendment 1563 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint m (new)
Annex 2 – paragraph 1 – point 5 – subpoint m (new)
Amendment 1564 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point a
Annex 3 – paragraph 1 – point a
Amendment 1566 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point b
Annex 3 – paragraph 1 – point b
Amendment 1567 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point c
Annex 3 – paragraph 1 – point c
Amendment 1570 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point d
Annex 3 – paragraph 1 – point d
d) allowing the trader to terminate the contract at will where the same right is not granted to the consumer; eleted Or.el (move to Annex II)
Amendment 1572 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point e
Annex 3 – paragraph 1 – point e
Amendment 1573 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point f
Annex 3 – paragraph 1 – point f
Amendment 1574 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point g
Annex 3 – paragraph 1 – point g
Amendment 1577 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point i
Annex 3 – paragraph 1 – point i
Amendment 1579 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point k
Annex 3 – paragraph 1 – point k
Amendment 1585 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint a (new)
Annex 3 – paragraph 1 – point 12 – subpoint a (new)
Amendment 1586 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint b (new)
Annex 3 – paragraph 1 – point 12 – subpoint b (new)
Amendment 1587 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint c (new)
Annex 3 – paragraph 1 – point 12 – subpoint c (new)
Amendment 1588 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint d (new)
Annex 3 – paragraph 1 – point 12 – subpoint d (new)
Amendment 1589 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint e (new)
Annex 3 – paragraph 1 – point 12 – subpoint e (new)
Amendment 1590 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint f (new)
Annex 3 – paragraph 1 – point 12 – subpoint f (new)
Amendment 1591 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint g (new)
Annex 3 – paragraph 1 – point 12 – subpoint g (new)
Amendment 87 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 2 – subpoint e
Article 1 – point 2 – subpoint e
Directive2002/15/EC
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(e) former point (i) is replaced by the following: "“(i) '‘night work' shall mean work during a period of work which includes at least two hours’: any work performed during night time."”
Amendment 65 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 92/85/EEC
Article 2 – point b
Article 2 – point b
-1 α. In Article 2, point b is replaced by the following: ‘(b) worker who has recently given birth shall mean a worker who has recently given birth, as well as the intended mother in the case of surrogate motherhood
Amendment 87 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirthbefore and at least six weeks after childbirth. Such leave must also be granted in the case of stillbirth also and not interrupted in the case of a neonatal death during leave, provided that the worker produces an attestation of birth drawn up by an obstetrician. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non- compulsory portion of the maternity leave is taken, before or after childbirth.
Amendment 95 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2α. In the case of interrupted pregnancy caused by complications prior to the 28th week, the worker shall be given at least six weeks leave.
Amendment 133 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 92/85/EEC
Article 12 a – paragraph 4
Article 12 a – paragraph 4
4. Member States need not apply paragraph 1 to proceedings in which the court or competent body investigates the facts of the case.
Amendment 125 #
2008/0028(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Food business operators within the business under their control shall ensure that information relating to prepacked and non-prepacked food shall be transmitted to the operator receiving the food in order to enable, where appropriate, the provision of the mandatory food information specified in Article 9(1) points (a) to (c) and (f) to the final consumer.
Amendment 132 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point i
Article 9 – paragraph 1 – point i
(i) the country of origin or place of provenance including for non-processed foods where failure to indicate this might mislead the consumer to a material degree as to the true country of origin or place of provenance of the food, in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance; in such cases the indication shall be in accordance with the rules laid down in Article 35(3) and (4) and those established in accordance with Article 35(5);